Wills in qatar

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


Has anyone been advised with regard to their assets in

Qatar?��


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?


Why Need a Will?

Bank Accounts Automobiles Personal Effects

Automobiles

Personal Effects

Bank Accounts


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


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


Nationality

DECEASED

Non-Qatari Qatari

Qatar Laws Law of Expat’s Nationality

Without Will

Will

Without Will

Will


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)


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


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


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.


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.


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.

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Wills in qatar