21 March 2008

Where there is a will... loved ones are secure

Nothing in this world is certain but death and taxes, according to Benjamin Franklin.

While taxes aren’t a concern in Dubai, death certainly is, but despite this many Dubai residents are unaware that their estate could be dealt with against their wishes or their assets frozen leaving a legal fix for their loved ones to deal with.

Will writer or “estate planner” Mohammed Marria said people need to overcome the mind block that preparing a will was morbid, and they ought to think ahead.
Marria, who has been an estate planner in Dubai for the past three years, said he had seen many families undergo unnecessary suffering because their loved one had not prepared a will. If a will has not been made, or nobody is aware of the presence of a will, the division of the estate usually takes place according to the shariah.

“People don’t realise that if they die here, the estate goes according to the shariah law,” he said. “The laws of the country may not coincide with their wishes.”

Typically, under the shariah one-eighth of the estate goes to the wife, one-sixth to the parents of the deceased, and the remainder divided among the children, with the sons receiving double that of the daughters.

However, the law of the deceased’s home country could sometimes be applied but that tended to be a more lengthy procedure.

“Meanwhile, bank accounts are frozen and often the wife, or the loved one, has no income,” he said. “In one instance bank accounts were frozen for six years. It’s rare but it can take six months to two years.”

He said that while many realised the importance of having a will they put it off or didn’t know who to approach. Notwithstanding this, Marria said there was a huge demand for will writers in Dubai.

“I usually have 20 wills a week, but I could be doing more because there’s such a demand,” he said.

As someone who specialises in will writing, he is trusted with people’s last wishes and has well and truly come to terms with the inevitability of death.

“I’m so used to it,” he said. “I talk about death from the moment I wake up to when I go to bed. Some requests include for their ashes to be scattered over a football ground. One person willed that all the organs be removed, except for the eyes. Another wanted to leave everything to his wife who he had separated from.” Marria urged people to overcome the mind block of preparing a will.
“It gives peace of mind. Death is guaranteed and if you own estate here you should get it done. It prevents a possible headache.” Source

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