DIFC Wills and Probate Registry
The DIFC Wills and Probate Registry addresses with certainty succession and inheritance matters of non-Muslims with assets in Dubai. All Expats in Dubai should understand the implications of having assets in Dubai and how those assets can be protected.
The long-awaited DIFC Wills and Probate Registry (“DIFC WPR”) is now live. The DIFC WPR aims at addressing with certainty succession and inheritance matters of non-Muslims with assets in Dubai. As such, it represents a fundamental step forward for the jurisdiction. Below is a brief overview of the DIFC WPR’s key features and mechanisms.
1. What is the DIFC WPR?
An English language registry based inside the DIFC – the Dubai International Financial Centre – and enabling the formal registration of wills.
2. Who is it aimed at?
Non-Muslim individuals over the age of 21 with assets in Dubai. The DIFC WPR is not open to Muslims.
3. What assets may be covered in a DIFC will?
Any assets physically located or registered in the Emirate of Dubai. The DIFC WPR does not extend to assets located or registered in other Emirates or abroad.
4. Does this include real estate?
Absolutely. Dubai located real estate can be covered in a DIFC will.
5. Does one need to be a UAE resident to register a DIFC will?
No. UAE resident status is not a criteria to register a DIFC will.
6. What is the DIFC WPR’s legal framework?
The DIFC is a Common Law jurisdiction. The WPR’s Rules are based primarily on the principles contained in the UK Estates Act and Probate Rules. Shariah principles do not form part of the DIFC WPR’s legal framework.
7. Do any restrictions apply as to the devolution of assets?
The DIFC is a Common Law jurisdiction. The WPR’s Rules are based primarily on the principles contained in the UK Estates Act and Probate Rules. Shariah principles do not form part of the DIFC WPR’s legal framework.
8. Can guardianship issues be covered in a DIFC will?
es. The guardianship of minor children habitually residents in Dubai with the testator may be addressed in a DIFC standard will, or alternatively, in a specific guardianship will, i.e. a will executed specifically to address such particular purpose.
8. Can guardianship issues be covered in a DIFC will?
es. The guardianship of minor children habitually residents in Dubai with the testator may be addressed in a DIFC standard will, or alternatively, in a specific guardianship will, i.e. a will executed specifically to address such particular purpose.
9. How does the DIFC WPR work in practice?
An appointment is booked online (www.difcprobate.ae). The execution of the will takes place at the time of registration in the presence of a registry officer and one witness chosen by the testator. The will is stored electronically at the DIFC WPR as the original.
10. Once the will is registered, will the DIFC WPR take decisions in this respect?
No. The DIFC WPR is an administrative body primarily in charge of wills registration. Probate grants, court orders and guardianship orders are issued by the DIFC Courts, which are also competent to adjudicate any contentious probate matters. Grants and orders are issued in English and Arabic.
11. How much does the registration of a DIFC will cost?
USD 2,800 for a single standard will and USD 4,200 for two mirror standard wills; USD 1,400 for a single guardianship will and USD 2,100 for two mirror guardianship wills. Such costs do not include professional fees for assistance in drafting the DIFC will, registering it, acting as witness, drafting the letter of wishes, being appointed and/or acting as executor.
12. How much does the enforcement of a DIFC will cost?
USD 1,500 for an application for a grant of probate. A “grant of probate” is a legal instrument that gives authority to the executor to handle the disposal of the deceased’s assets and debts.
13. Who can be an executor?
A family member, a friend or a legal representative (attorney). It is possible to appoint co-executors – e.g. a family member together with an attorney. Being appointed as executor is not neutral and comes with its set of specific duties. 14. Can a DIFC will be challenged? Yes. A challenge may be lodged before the DIFC Courts who will hear any claim launched against a will.
Who we are and how we can help
We are a boutique law firm primarily providing for the needs of successful individuals and wealthy international families. We are recognized as a leading Private Wealth firm in the Gulf and beyond.
We can assist you in drafting your DIFC will, registering it, acting as a witness and drafting the letter of wishes. We also have extensive experience dealing with administration of international estates, whether as single executor, joint executor or advisor.