wills in qatar
TRANSCRIPT
Last Will & Testament Wills under the Qatar Legal System
Salman A. Al-Ansari
11 June 2015
Private & Confidential © Al-Ansari & Associates 2015
© Al-Ansari & Associates 2015
v Who & Why need a Will? v Qatar Laws (Qatari & Non-Qatari). v Process of Intestacy (without a Will). v Joint Account Dilemma. v Additional Considerations. v Resolving the Long Process. v Benefits of a Will.
Contents
© Al-Ansari & Associates 2015
Has anyone been advised with regard to their assets in
Qatar?���
© Al-Ansari & Associates 2015
A Will is essential for all those living in Qatar with assets in Qatar, and who wish that, upon their death, their assets are bequeathed in accordance with their wishes.
Who Needs a Will?
© Al-Ansari & Associates 2015
Why Need a Will?
Bank Accounts Automobiles Personal Effects
Automobiles
Personal Effects
Bank Accounts
© Al-Ansari & Associates 2015
Ø Under Qatar law, the determination of heirs, the specification of their shares in the succession and the transfer of the succession assets to them shall be pursuant to the Islamic Sharia.
Ø After the fulfillment of the obligations of the estate’s debts, the liquidator shall implement the Wills of the testator, or if no Will then by the provisions of Sharia Law.
The Civil Law No. 22 of 2004, Articles 973, 996 and 997
Testamentary Laws for Qataris
© Al-Ansari & Associates 2015
Ø Guardianship: Guard iansh ip , t ru s teesh ip / rece ive r sh ip and custodianship, and minors protection, shall be governed by the law of nationality of the person requiring protection. The Civil Law No. 22 of 2004, Article 22
Ø Inheritance:
Inheritance shall be governed by the law of nationality of the deceased at the time of death. If no heirs, then Qatari law will apply. The Civil Law No. 22 of 2004, Article 23
Testamentary Laws for Non-Qataris
© Al-Ansari & Associates 2015
Nationality
DECEASED
Non-Qatari Qatari
Qatar Laws Law of Expat’s Nationality
Without Will
Will
Without Will
Will
© Al-Ansari & Associates 2015
The law is silent with regard to specific requirements for an “enforceable” Will. Unlike other jurisdictions, such as NY, where there are a set of requirements for the validity of a Will.
Process of Intestacy ���(without a Will)
© Al-Ansari & Associates 2015
Joint Account Dilemma
Surviving Account Holder
Close Account Keep Account
Bank
Shall freeze the account up to
decedent’s share
Until a successor is legally
appointed
© Al-Ansari & Associates 2015
Ø Would a home Country Will be effective? Ø What happens in dual nationality cases? Ø What happens in incapacity situation? Ø Can we have a Joint Will?
International Considerations
© Al-Ansari & Associates 2015
Resolving the Long Process
Dual Language
Arabic
English
Reference to Home Nation
Attested Copy of relevant
legislation
Executor/Trustee
Appointing a well-informed executor is key
to ensure enforcement of
the Will.
Any fees to be collected only after execution.
Witnessed
Witnessed by at least 2 witnesses
In addition to the witnesses, it will be stamped and signed by a lawyer and MOJ.
© Al-Ansari & Associates 2015
Benefits and Security
Asset Management
• Dispose of your assets in the way you would like.
Appointing Guardian
• Ability to appoint a guardian or executor.
Timely Transition
• Avoid the lengthy process of courts and misunderstanding of civil-law trained judges.
Trustee Appointment
• Secure the process by appointing a Trustee of your choosing to handle your estate.
© Al-Ansari & Associates 2015
THE WILL
Clarity
Security
Legal Protection
Conformity
Al-Ansari & Associates Muraikh Tower, 14th Floor Al Corniche, Old Salata Area P.O. Box 24533 Doha, Qatar T: +974 44913355 F: +974 44913356 [email protected]
Private & Confidential © Al-Ansari & Associates 2015 Private & Confidential
Al-Ansari & Associates Your contact office is: Al-Ansari & Associates, Muraikh Tower, 14th Floor, Al Corniche, Old Salata Area, P.O. Box 24533, Doha, Qatar | Tel +974 44913355| Fax +974 44913356 | www.alansarilaw.com. In this document 'Al-Ansari & Associates' means 'Al-Ansari & Associates and/or its affiliated undertakings'. Any reference to a partner means a member, consultant or employee of 'Al-Ansari & Associates'. Al-Ansari & Associates is a law firm licensed by the Lawyers Admission Bar at the Ministry of Justice.