DIFC registered wills safeguard RAK assets too

I have read about people owning property being able to arrange wills to ensure Sharia law will not apply to them. However, this seems to only be the case if the property is in Dubai. I own three villas in Ras Al Khaimah, so is there anything I can do to p

A will written outside the UAE is not recognised in the courts in the UAE, so CD’s Australian will is not valid. There has always been the facility for non-Muslim expats to write wills for the UAE, but as the final distribution of assets is decided by the courts there was no guarantee that their wishes would be followed. This changed in 2015 when the DIFC Wills and Probate Registry was set up. Now non-Muslim expats have been able to draw wills with respect to assets in Dubai and the certain knowledge that their wishes will be followed in accordance with “common law” – which is internationally recognised – and that Sharia law would not be applied. Initially this applied to properties in Dubai only, but has recently been extended to Ras Al Khaimah. This means that any non-Muslim who owns property in RAK can have the same guaranteed options as those who own property in Dubai. There are a couple of different ways a will can be set up to include property in Dubai and/or RAK so professional advice should be taken. In essence a will needs to be written and then registered with the DIFC Wills and Probate Registry, but many people will also need to include other assets or guardianship of minors. If someone already has a full registered will and now wants to include property that they own in RAK, there is a charge of Dh550 for an amendment to an existing DIFC-registered will. What are the total legal working hours for a teacher per day? And what would be the total teaching hours in a private school? AM, Abu Dhabi If someone is a teacher in a non-government school then the standard rules of UAE Labour Law apply. Article 65 states: “The maximum number of ordinary working hours for adult workers shall be eight hours per day, or 48 hours per week. The number of hours may be increased to nine hours per day for people employed in trade, hotel, cafeterias, security and other jobs whose addition may be made by the virtue of a decision from the Minister of Labour.” Article 69 goes on to say: “Effective overtime working hours may not exceed two hours per day …” While there are limitations under the law, it is not unusual for people with careers, as opposed to jobs, to work longer hours to further themselves but these should be within reason and not excessive.

I worked as an accountant in Dubai in 2013 for seven months before leaving on emergency leave. I went to India because of personal circumstances and I didn’t return to the UAE. I now want to go to Dubai on a tourist visa but want to know if I can. Please assist me. SA, India If someone is working in the UAE, on an employment visa, and they leave and do not return as expected, the employer will register them as absconded, especially where there is a fixed-term contract of employment. If an individual leaves in this way they have broken the contract of employment and the employer has to take action by filing an absconding case to get the visa cancelled – this allows them to replace the employee. If they don’t do this they may not get back the refundable bank guarantee that they will have paid when taking on the initial employee. When someone is marked as an absconder in the system they are “blacklisted” and are banned from entering the UAE for at least one year in accordance with Article 128 of UAE Labour Law that states: “Should the non-national worker leave work without a valid cause prior to the end of the contract with definite term, he may not get another employment even with the permission of the employer for a year from the date of abandonment of the work. No employer may knowingly recruit the worker or retain in his service during such period.” Due to the time elapsed, any ban should have expired and assuming his visa was properly cancelled by the employer, SA should be able to apply for a new visa.

Keren Bobker is an independent financial adviser and senior partner with Holborn Assets in Dubai, with over 20 years’ experience. Contact her at keren@holbornassets.com. Follow her on Twitter at @FinancialUAE

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