Creating a will in the UAE can feel overwhelming, especially for non-Muslim residents. The DIFC Wills and Probate Registry offers a system that follows the principles of common law. This setup is made specifically for non-Muslims who want to pass on their assets according to their personal preferences.
Here’s a basic guide to DIFC wills and probate.
What is a DIFC WILL?
A DIFC Will is a legal document registered with the DIFC Courts in Dubai. It allows non-Muslim residents to decide how their UAE-based assets and guardianship of their children should be handled after their death. Unlike Sharia law, which applies by default in the UAE, a DIFC Will follows the instructions of the person who made it, based on English-language documentation.
Who can register a DIFC WILL?
Any non-Muslim over the age of 21 who owns assets in the UAE or has minor children living in the country can register a DIFC Will. The person does not want to live in Dubai permanently, but the assets or children mentioned in the will must be based in the UAE. It is open to residents and investors who wish to plan their affairs in a straightforward way.
What does the process look like?
The process begins with drafting the will according to the format approved by the DIFC. It is important to use clear and simple language, avoiding legal confusion. Once the draft is ready, the will must be registered through an appointment at the DIFC Wills Service Centre. The appointment includes a verification session where all documents are checked. The will is then officially registered and stored.
Types of DIFC wills:
There are different types, such as a full will, guardianship will, property will, business owners will, and financial assets will. Each type deals with a specific set of matters. For example, a property will focuses only on real estate in the UAE, while a full will covers all personal and financial affairs. People may choose one or more types depending on their circumstances.
How does probate work?
Probate is the legal process that begins after a person passes away. It confirms the DIFC Will and gives the executor permission to carry out the instructions. The DIFC Court manages this process with English-language procedures. Once the probate is granted, assets can be distributed and guardianship arrangements (if any) can start.