Expat Wills

I have been assigned to a one year position in Dubai, but all of my assets are in the US. I know I need a Last Will and Testament, how do I get one written?

Expat Last Will and Testament

This is a problem not only for people of temporary work assignments, but also for people who have permanently relocated, or have retired overseas. In our new mobile global economy, the number of expats is growing year on year. There are currently about 2.8 million Canadians living abroad (9 percent of the population) with over a million in the US alone. 6.3 million Americans live overseas, and 4.6 million Brits (with the number one destination being Australia at 1.4 million).

Many of these expats still have assets in their home country, and if they were to die without a Will, these assets would be subject to distribution by the intestate laws of the jurisdiction in which the assets are held. These laws are complicated, and in the UK, they are about to change on October 1st this year.

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Can I write my own Last Will and Testament?

This is one of our most frequently asked questions, but it can mean one of two things;

A. Can I sit down with a blank piece of paper and write my own Last Will and Testament?
B. Can I prepare my own legal Will without using a legal professional.

Let us first explore question A.

Can I write my own Last Will and Testament?

The answer is “yes….but don’t”. The basic requirements of a Will are simple;

  • The document must be clearly identified as a Will, and that it is expressing your wishes.
  • Ideally it should revoke (or cancel) previous Wills
  • You must demonstrate that you have the capacity to make a Will
  • You must sign it in the presence of two witnesses (unless the document is entirely handwritten in which case witnesses are usually not required). The witnesses cannot be beneficiaries, but can be any adults with mental capacity. No legal training is required in order to be a witness to the signing of the Will.
  • The Will should describe the distribution of assets to beneficiaries

If all of these requirements are met, Continue reading