last wills & testaments under qatar legal system - do you need a will in qatar?

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Last Will & Testament Wills under Qatar Legal System Al-Ansari & Associates 25 February 2015 Private & Confidential © Al-Ansari & Associates 2015

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Last Will & Testament Wills under Qatar Legal System

Al-Ansari & Associates

25 February 2015

Private & Confidential © Al-Ansari & Associates 2015

Content

Who & Why need a Will?

Qatar Laws (Qatari & Non-Qatari).

Process Without a Will.

Resolving the Long Process.

Benefits of a Will.

© Al-Ansari & Associates 2015

Private & Confidential

Who Needs a Will?

A Will is essential for all those living in

Qatar with assets in Qatar, and who,

upon their death, wish to bequeath their

assets in accordance with their wishes.

© Al-Ansari & Associates 2015

Private & Confidential

Why Need a Will?

Bank Accounts Automobiles Personal Effects

Bank Accounts

Automobiles

Personal Effects

© Al-Ansari & Associates 2015 Private & Confidential

Private & Confidential

Testamentary Laws for Qatari

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.

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, Articles 973, 996 and 997

© Al-Ansari & Associates 2015

Testamentary Laws for Non-Qatari

Guardianship: guardianship, trusteeship/receivership, 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

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

© 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

Private & Confidential

Process Without A Will

The law is silent with regard to specific provisions on

an “enforceable” Will. Unlike other jurisdictions such

as NY, where there are a set requirements for the

validity of a Will.

© Al-Ansari & Associates 2015

Private & Confidential

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

Will.

Any fees to be collected only

after execution.

Witnessed

Witnessed by at least 2 witnesses

In addition to the witnessed, it will be stamped and

signed by a lawyer

© Al-Ansari & Associates 2015

Private & Confidential

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 a civil trained judges.

Trustee Appointment

• Secure the process by appointing a Trustee of your choosing to handle your estate.

© Al-Ansari & Associates 2015

Private & Confidential © 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.