A client made a will in Dubai whilst married . She has a child . Her husband ( from UK) initiated divorce proceedings in Dubai . This lady has now mobbed to the Uk permanently with her son ( who is a minor and born in Dubai)
She no longer has any assets in Dubai. The Dubai will appoints guardians for her son and she wants to change those in her new will.
Any advice would be greatly appreciated .is the revocation clause sufficient ?
16 Aug 2019.
If the original Will was made in Dubai, surely the Dubai lawyers can advise as to its revocation? Where is the original Will?
Also was Sharia law involved - as there are deemed inheritance provisions under Sharia law, it would appear that the original Will was made by a non-muslim (being your client - but you need to check).
Also was the original Will only limited to assets in Dubai?
Was the original Will registered with the Dubai Wills & Probate Registry?
As you are probably aware, most later UK Wills state clearly that they revoke all former Wills and Testaments, and as Dubai law is fraught with difficulties (hence the advice to consult the lawyers who prepared the earlier Will) I would advise that the new English Will specifically state that it revokes the Dubai Will. At least this could be an interim measure whilst matters are clarified.If the original Will (or a copy) can be placed with the new English Will so that it is clear that the Dubai Will has been revoked (I would not physically destroy the original Dubai Will until matters have been clarified), I would think that any challenge as to the revocation of the Dubai Will, would be unlikely to succeed.
As a practical matter who in any event is likely to challenge the revocation of the Dubai Will? The minor child is no longer in Dubai & under Sharia law a female must look after the surviving minor child -so is one of the Dubai Will appointed guardians a female based in Dubai (and therefore subject if needed by Dubai Court supervision)?
I also doubt that if the English Will appoints English based guardians, that an English Court would permit the Dubai Guardians to take over the care etc of the minor child if the minor has little or no connections to relatives or others in Dubai and the minor has hardly visited Dubai since the child’s move to the UK.
Peter Double / Probate Resealing Services
is the revocation clause sufficient ?
Yes, If she had assets in Dubai then a clause revoking the earlier will may be required.
`I revoke all earlier Wills to the extent that they relate to any part of my estate in any part of the
world other than Dubai.’
With revocation then intention is of utmost importance (see Re Hawksley’s Settlement
- I revoke all earlier Wills - is sufficient.
It ought to be noted if the will is made under WA 1837 then the father would override any guardianship clause, regardless of any clause in the will. Guardianship would only apply (or wishes) if both parents where deceased.