Dubai, a bustling metropolis known for its towering skyscrapers and vibrant cultural landscape, is also a hub for expatriates from around the globe.

With its diverse population, the Dubai International Financial Centre (DIFC) has established a legal and regulatory framework for non-Muslims to distribute their assets according to their wishes through the creation of DIFC Wills in Dubai.

This article delves into everything you need to know about DIFC Wills in Dubai. Continue reading!

Understanding DIFC Wills:

The DIFC Wills Service Centre is a joint initiative of the Government of Dubai and the DIFC Courts, providing a unique legal system based on common law principles. This service allows non-Muslims over the age of 21, who own assets in Dubai or Ras Al Khaimah, to pass on their assets and appoint guardians for their minor children according to their wishes, bypassing the UAE's Sharia Law in matters of inheritance.

Types of DIFC Wills:

• Full Will: Covers all assets located in Dubai and Ras Al Khaimah, as well as guardianship provisions for minor children.
• Guardianship Will: Specifically designed for appointing guardians for minor children in the event of both parents' demise.
• Property Will: Allows for the distribution of up to five real estate properties located in Dubai and/or Ras Al Khaimah.
• Business Owners Will: Tailored for entrepreneurs, this will covers shares in up to five companies registered in Dubai and/or Ras Al Khaimah.
• Financial Assets Will: For the distribution of bank accounts, stocks, and other financial instruments held in the region.

Benefits of Registering a DIFC Will:

• Certainty and Control: A DIFC Will ensures that your assets are distributed according to your specific wishes, providing certainty and control over your estate planning.
• Protection Against Sharia Law: For non-Muslims, registering a DIFC Will means that their Dubai-based assets will not be distributed according to Sharia Law, which typically divides assets among a predefined list of heirs.
• Guardianship Provisions: Particularly for expatriate families, appointing guardians for minor children in the event of the parents' untimely death is a critical consideration, safeguarded by a DIFC Will.
• Efficient Probate Process: The DIFC Courts oversee a streamlined probate process, reducing the time and complexity involved in asset distribution.

The Registration Process:

Registering a DIFC Will is a straightforward process, involving the drafting of the will, appointment of executors and guardians (if applicable), and registration with the DIFC Wills Service Centre. The process includes:

• Consultation with a registered wills draftsman or lawyer to ensure the will meets legal requirements.
• Completion of the will draft, including detailed descriptions of assets and clear instructions for distribution.
• Payment of the registration fee and scheduling an appointment for will registration.
• Attendance at the DIFC Wills Service Centre for will registration, requiring the presence of the will owner and two witnesses.

Cost Considerations:

The cost of registering a DIFC Will varies depending on the type of will and the complexity of the estate. Registration fees are set by the DIFC Wills Service Centre and should be considered alongside legal fees for drafting the will.

While the cost may seem significant, the value of ensuring that your assets are distributed as per your wishes and that your family is taken care of cannot be underestimated.

Legal and Regulatory Framework:

The DIFC operates under a unique legal framework, separate from the UAE's federal legal system. This autonomy allows the DIFC Courts to adjudicate wills and estate matters for non-Muslims, ensuring that the wishes outlined in DIFC Wills are executed according to common law principles.

The DIFC Wills and Probate Registry Rules provide the legal basis for the creation, registration, and enforcement of wills within the DIFC jurisdiction. You may need legal consultations in Dubai to navigate through this process.

In all, the DIFC Wills Service Centre plays a vital role in this process, offering a streamlined and secure system for will registration and enforcement, ensuring that your final wishes are honored in Dubai and Ras Al Khaimah.