One of the most crucial decisions you will make when drafting your Will in Dubai is not about the distribution of assets, but with respect to ensuring who will be responsible for carrying out your wishes. The Executor is the person responsible for ensuring your wishes are carried out, assets are distributed as per your instructions, and all legal obligations are meticulously carried out after your passing. In a jurisdiction as legally nuanced as the UAE, the role of an Executor carries a tremendous amount of responsibility.
So What Is The Role Of An Executor?
An Executor, who is often also called a representative, plays a key role in relation to your Will and its execution. The responsibilities of an Executor include identifying assets, taking care of and settling any debts and liabilities, applying for probate when necessary, and allocating your estate to beneficiaries in line with your wishes.
In the context of Wills in Dubai, an Executor’s role comprises an added layer of importance. This is mostly due to the interconnection between federal laws, sharia laws, and regulatory mandates of specific jurisdictions like the Dubai International Financial Centre (DIFC) and Dubai Courts. Differing legal systems can influence how a Will is administered, making it of utmost importance for your Executor to understand which legal framework your Will is drafted under.
What Makes a Good Executor?
When choosing an Executor for a Will, look for these key qualities:
- Choose Someone Trustworthy: This is an absolute prerequisite as your Executor will have access to your personal property, financial records, and other personal information.
- Highly Competent: Your Executor should ideally be someone who has good organizational and administrative skills, as they will be involved with contacting beneficiaries, handling court proceedings, and managing your assets.
- Good Legal Understanding: A fair amount of legal understanding is another essential quality for your Executor to have, especially when dealing with a complex legal ecosystem like the UAE.
- Ability To Be Impartial: Choose an Executor who has the tenacity to be impartial, so they can handle your dealings objectively, even in the face of conflicts or potential familial disputes.
- Ability To Commit To The Process: Choose an Executor who has the bandwidth to be both physically and mentally capable of handling lengthy probate processes.
What Are The Legal Requirements For Someone To Be Recognized As An Executor?
Under the Dubai Law, an individual above 18 years of age who is of sound mental capacity can be appointed as an Executor. This individual can be a relative, family member, or even a friend. In the case of non-Muslim expats, it is highly recommended to appoint a resident of the UAE or appoint local representation in order to ensure smoother dealings with Dubai authorities.
For Wills registered in DIFC, there is a provision to appoint a non-UAE resident as the Executor of your Will. This is not always recommended, as having local representation often makes the administrative process simpler. The DIFC Wills and Probate Registry also allows you to appoint multiple executors. Should the primary Executor be unable to act on your behalf, the substitute is granted the right to do so, ensuring the continuity of the process.
Appointing a Professional Executor for your Will
Many testators now turn to registered legal firms to act as executors. Registered legal firms provide professional administrative services that are compliant with the UAE law and ensure continuity of the legal process in a way that an individual who is an Executor may not be able to. They also ensure constant communication with courts, other legal entities, family members, and other beneficiaries, thus ensuring that every step aligns with the UAE inheritance procedures.
Irrespective of whether you appoint a family member or a professional firm, make sure they understand the legal framework of Wills in Dubai and are prepared to act with diligence and transparency. If you have not drafted a Will in Dubai yet, consider getting it prepared by a professional who can guide you through the process.