Passing away without a legal will in place may lead to outcomes that do not reflect personal preferences. Decisions about asset distribution and guardianship are then handled according to the region’s personal and civil law systems. This may affect how property is shared and who takes responsibility.
For those looking to avoid uncertainty, exploring services like Just Wills Dubai could provide structured solutions.
Distribution by local law:
In the absence of a valid will, local laws are applied to divide the estate. This applies to bank accounts, vehicles, property, and other possessions. The court appoints a representative to manage the estate, and distribution follows a fixed structure based on legal guidelines, not personal relationships.
Guardianship of minor children:
Without a named guardian in a will, the decision is passed to the court. This means the person who ends up caring for the children might not be the one you would have selected. Guardianship decisions are made based on legal criteria, and the final outcome may differ from personal expectations.
Delays in accessing funds:
Family members may face delays in accessing bank accounts or liquidating assets. Banks generally freeze accounts until court orders are received. This delay may impact family members who rely on those funds for daily essentials or urgent expenses.
Property ownership and inheritance:
In cases involving jointly owned assets, the share belonging to the deceased may not automatically transfer to the other party. Instead, it becomes part of the estate and is distributed based on succession rules. This might create shared ownership among heirs who were not originally intended to co-own the asset.
Additional legal steps for expats:
For non-citizens, dying intestate can add extra layers to the legal process. Inheritance matters may be guided by local law, regardless of the individual’s nationality or preferences stated informally. This might cause unplanned outcomes, especially for those with assets in multiple countries.
Disputes among heirs:
Without written instructions, disagreements may arise between surviving relatives. Different interpretations or expectations might lead to legal conflicts or lengthy negotiations. This can cause added emotional stress during an already difficult time.
Those who are not legally recognised as family may receive nothing if there is no will. Friends, long-term companions, or charitable causes may be excluded completely, even if they were close to the deceased or supported them for years.
