Checklist before proceeding to completion

  1. Immovable assets are best retained in the name of 1 legatee not multiple
  2. Assets should / need not be specified in the will as a) there is no procedural advantage and b) it would attract govt. levies between 0.25%-1.00% on the value of the asset
  3. Have you provided for Income replacement cover for your legatees?
  4. Have you provided health cover for your legatees?
  5. Have you provided insured your loans / outstanding's so that legatees are not delayed / deprived of assets by recovery agents?
  6. Have you considered creating a liquid endowment for your legatees via an annuity? Annuities are secure / often tax deductible / in certain cases legally out of the reach of debt recovery authorities?

Steps to complete the Will (Succession Set)

Sr. No.

Vario Will (i.e. for UAE+Common Law)

Common Law Will (i.e. Common Law countries such as India, Australia, Canada except Quebec)
1 For will attestations at Embassy / Consulate you need 2 witnesses to be present along with you at the attestation. Witnesses must be known to you and above the age of 21. Beneficiaries named on the will cannot be witness. Witnesses can be any 2 people (residents / on tourist visa / citizens etc.) in the country where you are going to get the Will attested. The witnesses need not be shown the contents of the will, just the last page where it says clearly that they are only witnessing that a) you are signing the will in their presence b) that you are not under duress or coercion c) that you are not suffering any apparent mental illness. Witnesses may be re-assured that they do not carry any liability or responsibility for the contents of the documents.  For will attestations in India registrar you need 2 witnesses to be present along with you at the attestation. Witnesses must be known to you and above the age of 21. Beneficiaries named on the will cannot be witness. The witnesses need not be shown the contents of the will, just the last page where it says clearly that they are only witnessing that a) you are signing the will in their presence b) that you are not under duress or coercion c) that you are not suffering any apparent mental illness. Witnesses may be re-assured that they do not carry any liability or responsibility for the contents of the documents.
2
  • Original passports of witnesses, with one photocopy (first, last and visa page)
  • Original passports of persons making the will, with one photocopy (first, last and visa page)
  • Original WILL and one photocopy. This document will have to be signed in the presence of the Consular Officer
  • Two passport size photographs with white background of the person(s) making the will only
  • While not necessary, it may be a good idea to carry a attested marriage certificate, in case of joint Wills
  • Original ID's of witnesses, with one photocopy
  • Original ID's of persons making the will, with one photocopy
  • Original WILL and one photocopy. This document will have to be signed in the presence of the registrar
  • Two passport size photographs with white background of the person(s) making the will only
  • While not necessary, it may be a good idea to carry a attested marriage certificate, in case of joint Wills
3 Will attestation authorized center in UAE, click for Location / timings / requirements - Indian passport (PP), British PP. If you live in another country you may get attestation done at embassy / consulate of your home country, nearest to you.  Will attestation authorized center in India - contact office. In UAE  click here, British PP. If you live in another country you may get attestation done at embassy / consulate of your home country, nearest to you. 
4 We do not (not permitted unless we have a POA from the client/you) accompany clients to the attestation center. You will have to do this by yourself. It is a straight forward procedure and before you go we will explain to you the formalities once again. Same
5 Once the will is witnessed and attested, store it along with the Succession set (i.e. POA, AoD etc) safely at home and inform your spouse, children that you have made a will and where it can be found. Same
6 While it is good to inform your loved ones that you have made a will; it is counterproductive / not advisable to disclose the details such as the names of the beneficiaries or allocation proportions Same
7

Asset List:

  • Click here for format
  • Update your asset list once a year
  • Include all your assets globally (UAE, India, UK etc)
  • Inform your spouse etc where it can be found
  • Make sure you note down and inform spouse about the location in your computer and password if any
  • Don't worry if your asset list is not updated, your assets will still reach your beneficiaries but it may take them longer to figure it out
  • There is no need to sign / witness the asset list
  • There is no need to have it attested or registered
Same
8

Letter of Wisher (LoW) / Funeral rites / Organ Donation

  • Click here for format
  • Letter of Wishes is a statement made by a living person, as to how he/she would like non-titled assets such as jewelry, antiques etc distributed. They can also explain how they would like their bodily remains handled and then interred. Unlike a will, parts of the LoW relating to organ donation, funeral wishes etc are to be shared and discussed with close family and friends.
  • This is a document that you could / should share and discuss with your near and dear ones
  • There are many assets such as heirloom time pieces, paintings, collections, gold etc etc which do not have a title and are best handled / disposed by means of the LoW
  • Update your LoW as and when required
  • There is no need to have it attested or registered.
Same
9 Donation of organ and mortal remains
  • Since Human Organ Transplant Act 1994 India, you do not need to fill in any form, register etc.
  • Organs are harvested only from clinically dead (not accident cases etc) and its success depends on the permission given by your loved ones to the hospital / foundation at that time.
  • Organ / body donation therefore is best ensured by informing / discussing with your loved ones your preferences.
  • There is no need to 'sign-up' or 'make a pledge' or have an organ donor card etc etc.
  • For more information on organ donation click here
Same

Additional info

  • When should I review / change my will?

    • If you marry or divorce
    • The birth or adoption of children
    • To add or change guardians for children
    • A significant change in financial status
    • The death of a beneficiary
    • A significant change in tax laws
    • A desire to add beneficiaries
    • A desire to change beneficiaries
    • The death or incapacity of a named executor or trustee (usually not applicable)
  • At registration You may be asked to “Rewrite the Will with names as per emirates ID”
    • Decline, kindly. Your PP is your primary ID. Names on documents should be only as per your primary ID (PP). You have the right to have the documents drawn up with names as per primary ID and the officer has the obligation to accept. Remind officer that it is your wish to have the names as per primary ID
  • You may be told “Change this format / Format is not OK”
    • Decline. Ask officer to show you specific objectionable lines. You have the right to get whatever format you want notarized as long as it is true and does not prejudice the law.
  • Often clients are shown a 4-5 page (redundant) format under the pretext ‘this is the correct approved format’, which will likely be accompanied by a request to go to so-n-so, he will do it for you (for - more money!)
    • Decline the suggestion. Tell them “I have already have this 4-5 page format but my family now wants this simple format. Furthermore I am unable to come back again for this work, therefore kindly attest now”
  • Come back tomorrow / Come directly without token
    • Decline. Unable due to come back again for this work, kindly attest now. Else ask to see the manager. Retain token number with you.
  • What property have you in UAE? Why you have not written here?
    • DO NOT give specific details of property, or how much its worth. A suitably vague answer would be “I have very little and in any case it will change in the coming months so I do not want to specify anything here”
  • Can i get one token number for both husband and wife?
    • Yes

Test Jun 15, 2020

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