For most adults, one of life’s inevitable questions is: Is it necessary to make a will?
It’s a perfectly legitimate question, which I must admit, I always welcome being asked as it opens interesting discussions on family protection and life administration.
When it comes to drafting a will, many people hesitate — thinking they’re not ready, they don’t have enough assets, or that in today’s hyperconnected world, a will simply isn’t necessary.
There may be misconceptions that a will is only for the wealthy or the elderly. I’ve also been told by others that they see discussions about what happens to us after we’re gone as a little too morbid. Then, there are others who seem to have an “it will all sort itself out” mindset, where they think things will just fall into place.
In 2022, CNBC reported that two-thirds of adults in the US have no will. The report highlighted the serious implications for grieving family members and the uncertainty that not having a will can bring.
Among the many possible issues in a web of complications that can arise without a will is disputes between family members. This can happen on the basis that without clear instructions, family members could disagree over what the deceased would have wanted. This could spiral into lengthy legal battles as well as broken relationships.
There are also the practical considerations, as there’s no denying that when you try to settle an estate without a will, the probate will usually take longer and may involve higher legal fees.
The benefit of a will cannot be understated. When life changes without warning, a will is a way to set clear, enforceable instructions for your financial affairs. It prevents delays in administration, and most importantly, family disputes.
A will also removes uncertainty over who cares for the children by establishing guardianship wishes. In short, it protects your loved ones from legal complications and ensures peace of mind in difficult times.
Legal delays, frozen assets and unresolved guardianship are challenging enough —but without a will, these problems are magnified when families are spread across borders rather than rooted in one country.
Today, many individuals and families have assets spread across borders, own businesses or properties in different jurisdictions, and are raising children in countries they did not originally call home. With this global lifestyle comes a growing need for clarity and protection. And this is especially relevant for people living in the UAE, considering how large our expatriate population is today.
And if you’re wondering where to begin, I would strongly advise that you start with a few simple questions. Do you own property in the UAE? Do you hold local bank or brokerage accounts? Do you run a business here? Do you have children who would need interim and permanent guardians if something happened to you? Do you hold digital assets such as cryptocurrency that would be hard for loved ones to access without clear instructions?
With the answers to these questions in sharper focus, you can quickly establish what type of will may be suited to your needs – it could be a full will covering all assets and guardianship provisions. Or those more specifically suited to financial assets or business ownership. The point being, whatever is outlined in the will, the important thing is that you have taken a necessary step to make life easier for the people you love and care for.
When someone who has registered a will passes away, the administrator can issue the probate orders required to carry out the instructions in the will. Clear, transparent procedures reduce uncertainty for families and executors, and they reinforce trust that the system will work as intended when it matters most.
The average person makes countless choices every day to protect their careers, their family and their future. Yet one decision can safeguard it all – and this peace of mind is surely worth it.
Amna Al Owais is deputy director of the DIFC Courts
