As a result of the post on what to take into consideration when a loved one passes away in the UAE, many people have reached out to us, for situation-specific guidance based on their own personal circumstances. Below are examples of the challenges we, as probate specialists in Dubai, encounter daily.
Incomplete Information:
During the consultation phase, we are tasked with providing as much information as possible to clients. This concept goes both ways, and unfortunately, we do not always receive a complete picture of the matter at hand.
- Lawyers must provide clients with as much detail as possible surrounding the process. While each estate may be unique, and dealt with as such, we must act in good faith at all times, and in the best interest of the client.
- It is advised that the client provides details in chronological order. It should be noted that the client must also provide the legal representative with a complete understanding of the extent of the estate. This is required by us, during the application, and we may even base our set/fixed fees around the total value.
- The client must disclose any, and all information during the consultation phase to which he/she is privy to. This includes disclosing all assets within the deceased estate, and confirming the existence of any surviving family members who may have a vested interest in the deceased estate.
Delays:
Delays may stem from a third party, or even the client directly. Having said that, a delay may be the result of something that is entirely out of one’s hands. In any event, there are some steps to avoid unnecessary delays.
- Timeous (or Timely) responses by all parties involved is key. In other words, do not be reactive, be proactive.
- The legal representative should do their best at bringing the matter to conclusion, and must provide regular updates in this regard, even when there is no clear update from a third party. This shows dedication to the matter, and in private law especially, it is essential to maintain the relationship of trust.
Broken Communication:
At the heart of any project lies effective communication. But what does this entail, and how do we apply this most fundamental element?
- All channels must be kept open, and in the absence of a party, this must be communicated by a representative.
- The client must communicate not only with the legal professional, and vice versa, but so too with other family members.
- The legal professional must manage the client’s expectations, as effective communication is key.
A change in the legal position:
Although at first glance it may seem that we have no control over a change in the law, there are steps one should take to minimize the risks.
- The legal professional must stay abreast of any changes in the legal system of the respective jurisdiction in which the application is made. This may include changes in local and federal statutory provisions, and precedent, if applicable.
Counter-Claims:
In instances whereby a person passes away without having concluded a legally valid will, any potential heir with a vested interest in the deceased estate, may apply for inheritance. This may sometimes result in further complications.
- The client should communicate with other existing family members as much as possible as per point 3 above.
- When, and if this isn’t possible, and a matter has concluded without having included a possible heir for example, a counter claim may be lodged to ratify the decision.
Incorrect Information:
As, and when incorrect information is provided by, or to either the client, the legal consultant, or any third party involved (mostly through no fault of their own,) this may be an unavoidable obstacle.
- Both parties must act in good faith at all times. If at any point a party is made aware of the contrary having taken place, they may opt to cease with the relationship entirely.
- The relationship between lawyer and client is a mandate. The legal professional must ensure that any and all information provided is substantively and factually correct, unless the information has been altered by an unexpected change in the law for example, but this risk too may be mitigated under point number 4.
Universal Approach:
To explain the (vastly) different processes in the UAE, remains the greatest challenge we face. But is there a universal approach?
- There are legal terms known as “quantum” and “merit.” Prior to probate itself, we as legal professionals must ensure that matters have enough flesh before proceeding. If there is no claim to be made, this must be made clear to clients, and at no time must we act in bad faith, as has been mentioned previously.
- If there is a claim to be made, then we must proceed as instructed, but only after we have provided the client with our own perspective, and legal opinion surrounding the matter.
- Each matter is judged on its own merits and must be handled as such. There may be specific guidelines to effect a claim, or to proceed with an application, but in each matter, the manner in which the end result is obtain may vary.
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Head of Wills and Inheritance