What is a DIFC Will and should I have one

What is a DIFC Will and should I have one?
Expatriates make up over 80% of the UAE’s population. The establishment of the Dubai International Financial Centre (DIFC) Courts Wills and Probate Service was a milestone in providing certainty to expats who are based in the UAE that they may pass on their assets to their chosen beneficiaries without adhering to Sharia law.

Why do I need a DIFC Will?
If you are a non-Muslim and you die without a registered non-Muslim Will, your assets in the UAE will be distributed according to Sharia or Islamic law, which may not reflect your wishes.
In addition, it should be noted that joint assets do not pass automatically to the survivor as they do in some other jurisdictions. Instead, each joint owner is viewed as a tenant-in-common of the asset and the deceased’s share of the asset will be passed onto their surviving family members in the divisions set out under Sharia law.

It should also be noted that the mother of a child is not automatically granted guardianship over a child of a deceased father in all cases, Sharia law can indicate that a husband’s father and then closest male relative could become automatic legal guardians of any children as opposed to the mother. This could obviously cause significant distress.

The DIFC Courts Wills and Probate Service mirrors the common law jurisdiction of England and Wales which provides for testamentary freedom as opposed to Sharia law.

What are the types of DIFC Wills?
There are five types of DIFC Wills that can be registered. We shall look more closely at these in future articles. But these are:
• Guardianship Will – allows you to register a DIFC Will solely concerned with the appointment of guardians for your minor children.
• Property Will – for real estate only. This Will allows you to appoint beneficiaries for a maximum of five properties (or a share in up to five real estate properties) situated in the UAE.
• Business Owners Will – you can appoint beneficiaries for a maximum of 5 separate shareholdings in any free zone or UAE onshore company situated in the UAE.
• Financial Assets Will – this can include up to ten separate bank accounts or shares in up to ten different bank accounts registered either in your sole name or in joint names. The accounts must be held with a bank or brokerage firm and the branch in which the accounts are registered must be in the UAE.
• Full Will – encompasses both the distribution of all assets and appointment of guardians.

Am I eligible to register a DIFC Will?
There are three requirements to register a DIFC Will:
• You must be non-Muslim;
• You must be an adult (over 21 years);
• You must have assets in the UAE;


How do I register my DIFC Will?
You can register your DIFC Will either in person at the DIFC Courts Wills and Probate Registry or virtually.

As of 22nd March 2020, DIFC Wills can be registered virtually. To register a full DIFC Will the testator together with two witnesses, will join a video conferencing call with a Authorised Officer or Registrar on a confirmed date and time.

During the call the Will shall be reviewed with the testator and the Registrar, following which the testator and witnesses will then proceed to execute the Will by way of electronic signature.

Paul Hogarty, Solicitor
Shallon CSP