In short, select the most skilled person, and no you can never be too cautious.
In an era where AI seems to be taking over, and knowledge is available at the touch of your fingertips, one may easily assume that the writing up of a will is a straightforward task. Afterall, templates are freely available, and knowledge is sound, right? This is the worst approach to follow, and I’ll explain why.
It is the responsibility of the wills-draftsman to ensure that a will is drafted in the highest standard possible. Legal advice in the emirate of Dubai may only be provided by a legal consultant who is registered with the Dubai Legal Affairs Department, and yet numerous entities have popped up (especially lately) that claim to assist with this legal service.
Ask yourself 2 questions.
- Do you think that a wills draftsman should be well versed with will drafting standards, as well as the implications of laws surrounding succession should something happen to you?
- Should the person drafting your will stay abreast of any legal updates that may influence the outcome of probate?
If the answer to any of these questions is yes, then you need to revise who you have appointed as your wills-draftsman. If at any point you pose a legal question, and the person makes it clear that they are not a legal practitioner, be careful. Your next question should be whether they are registered with the relevant authority to provide legal advice within the respective emirate. We have a responsibility as legal consultants to always provide correct legal advice to clients. If we don’t abide by this rule, we may be held accountable. This counts for all persons who provide legal advice incorrectly, not only legal consultants. If, for example a will was drafted and a person passes away, and probate is impossible due to the incorrect drafting of a will, or absent of wishes requested by the testator (client) ,it may be assumed that the draftsman is accountable.
I attended a networking event recently. The standard format whereby one introduces oneself, and a brief overview is provided of the services provided by a brand/company was followed. As a legal consultant registered with the Dubai Legal Affairs Department, I found it worrying that companies are advertising wills-drafting services but aren’t directly involved with the process. A further concern is raised when the person/s drafting such wills is not registered to provide legal advice through the Dubai Legal Affairs Department. The problem with white-labelling professional services is that often times the client is dissatisfied with your service, as you are not directly involved. They will immediately know that you have no clue (which in most cases is true, as you are not versed with the laws.) This will lead to the alienation of the client and mistrust. Again, if you provide incorrect information/services, you may be held accountable.
In the last 3 years, I have amended numerous wills that have been drafted incorrectly. We have seen how the law is always changing in the UAE, and it is your duty to do your due diligence when selecting a wills-draftsman. If you are uncertain of whether a person is legally allowed to assist, ask whether he/she is registered with the Dubai Legal Affairs Department. Approach with caution, and conclude with diligence. If a “legal consultant” does not understand the process following one’s death and how to properly assist, avoid them at all costs.
Should you wish to do a Will, do reach out to us.
Head of Wills and Inheritance