Problematic Probate Processes and how to Mitigate Challenges – Part 1

Problematic Probate Processes and how to Mitigate Challenges – Part 1

Wills, Estates and Succession Planning

In September of 2023 a brief overview had been provided on the considerations to be taken into account, following the death of a loved one in the UAE. The link may be found below.

Probate in the UAE

As a result of this post, many people had reached out to us, for situation-specific guidance based on their own personal circumstances. Below are examples of the challenges we, as probate specialists, encounter daily. This article will be broken down into 2 separate parts, this being part 1. Part 2 will delve into how one may mitigate these challenges.

  1. 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 don’t always receive a complete picture of the matter at hand.
  2. Delays: Delays may stem from a 3rd party, or even the client directly. Having said that, a delay may be the result of something that’s entirely out of one’s hands. In any event, there are some steps to avoid unnecessary delays.
  3. Broken Communication: At the heart of any project lies effective communication. But what does this entail, and how do we apply this most basic element.
  4. 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 no minimize the risks.
  5. 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.
  6. Incorrect Information: As, and when incorrect information is provided by, or to either the client, the legal consultant, or any 3rd party involved (mostly through no fault of their own,) this may be an unavoidable obstacle.
  7. Universal Approach: To explain the (vastly) different processes in the UAE, remains the greatest challenge we face. But is there a universal approach?

For a complete rundown of what to take into consideration when a loved one passes away in the UAE, we strongly recommend that you refer to the this link.

Please do stand by for part 2 of the discussion for further information.

To contact our Wills and Inheritance department, please click here.