Estate Planning & Succession Advisory

Foundations are increasingly the structure of choice for UAE-based families. We design Foundation Charters and By-laws for the Foundations as per the relevant jurisdiction i.e., DIFC, ADGM and RAK ICC, sized to whether the goal is probate avoidance, asset consolidation, multi-generational governance, or all three. We also advise on funding, council and guardian appointments, beneficiary class design and the interaction with UAE Corporate Tax.

Trusts work well where the family wants meaningful separation between legal and beneficial ownership. We design Trust Deeds under relevant laws of DIFC and the ADGM, covering revocable, irrevocable, discretionary and purpose trusts, structured for asset protection, incapacity planning and cross-border succession.

Different asset classes require different succession mechanics. Business interests need to be handled through a combination of shareholders' agreements, buy-sell provisions, leadership succession plans and governance frameworks that prevent the business from stalling when ownership transfers. Real estate, particularly UAE freehold property held by non-Muslims, requires attention to how title passes and whether the will or a foundation structure is the more efficient vehicle. Financial assets held across jurisdictions need to be mapped against the probate rules of each relevant country. Intellectual property, brand rights and digital assets are frequently overlooked and require explicit provision in any estate plan. We work through the full asset picture with the family and design a sequenced succession plan that covers each class, not just the most obvious ones.

A clean estate plan can still fail if the family does not have rules for how decisions get made. We work with families to develop family charters, shareholders' agreements covering voting rights, board succession, ROFR, tag-along, drag-along and exit restrictions, and Deeds of Adherence for the next generation. The aim is to create a rulebook the family will actually use, not a document that sits in a drawer.

Many UAE-based families carry exposure to estate or inheritance tax in the UK, US, India or elsewhere through citizenship, residence or asset location. We map the exposure, structure around it where possible, and coordinate with counsel in the relevant jurisdiction. For US-connected families, this includes planning around the US estate and gift tax regime and the different exemptions available to US citizens, US-domiciled non-citizens and non-resident foreigners.