DIFC Full Will

Have you considered what will happen to your assets when you’re no longer around? As an expat living in Dubai, registering a DIFC FULL WILL is essential for protecting your estate and ensuring your loved ones are cared for.

This registered will in DIFC ensures that your wishes are followed and your assets are distributed according to your instructions.

In this guide, we will explain the key aspects of a DIFC FULL WILL, its role in estate planning, and the process of registering it with the DIFC Courts.

Key Takeaway

  • Jurisdiction – Registered under DIFC Courts, operating under common law, distinct from Sharia law in the wider UAE.
  • Eligibility – Available to non-Muslim individuals over 21 with assets in Dubai or the UAE.
  • Assets Covered – Includes real estate, business interests, financial assets, and personal belongings.
  • Document Structure
    • Detailed asset list (local and international).
    • Beneficiary instructions.
    • Appointment of an executor.
    • Guardianship provisions for minor children.
    • Specific inheritance wishes.
  • Signature and Witnessing – Must be signed in the presence of two witnesses, who should not be beneficiaries.
  • Registration – Registered with the DIFC Wills Service Centre to be legally enforceable.
  • Validity – Enforceable by the DIFC Courts. Updates and re-registration may be required for changes.
  • Costs – Legal drafting fees plus DIFC Wills Service Centre registration fee (approx. AED 13,000). Additional costs for updates.

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What is a DIFC FULL WILL and How is it Different from Other Wills?

A DIFC FULL WILL is a legal document that covers your entire estate, including real estate, businesses, financial assets, and personal belongings in Dubai and internationally. It allows non-Muslim expats to manage both asset distribution and appoint a legal guardian for their children. This makes it ideal for those with multiple properties or diverse assets.

Unlike Property Wills or Business Owners Wills, which focus on specific types of assets, a DIFC FULL WILL cover everything in one document. It can be modified later to reflect changes in your family, such as adding guardianship provisions if you have children. This makes it the best choice for handling both your estate and guardianship needs.

The DIFC Full Will operates under the DIFC Courts and Probate Registry Rules and follows specific rules for probate and inheritance.

Full WillDIFC FULL WILL PROCESS

What Does a DIFC FULL WILL Include?

A DIFC FULL WILL includes the following:

  • A detailed list of your assets, such as real estate properties, business holdings, and personal items in Dubai and abroad.
  • Clear instructions on who will inherit your assets (your beneficiaries).
  • The appointment of an executor, who is responsible for carrying out the terms of the will, can be your close relative or a friend
  • Provisions for legal guardians to care for your minor children, if applicable.
  • Specific inheritance wishes, such as gifts of property or personal items.

DIFC full will

Steps to Create a DIFC FULL WILL

    1. List Your Assets – Write down all your assets, including real estate, bank accounts, business interests, and personal belongings in Dubai and globally. This will form the foundation of your will.
    2. Choose Beneficiaries – Decide who will inherit your assets, such as your spouse, children, or other family members. This ensures that your estate is distributed according to your wishes.
    3. Appoint Guardians – If you have minor children, appoint a legal guardian to take care of them. This ensures that your children are properly cared for in your absence. It is advisable to appoint a female guardian if you have a minor daughter.
    4. Draft the Will – Work with a professional wills draftsman to draft the will, ensuring it meets the legal requirements set by the DIFC Courts.
    5. Witnesses – You must sign the will in the presence of two witnesses to make it legally binding. This is crucial for the validity of your will.
    6. Register Your DIFC FULL WILL – To make your will enforceable, it must be registered with the DIFC Wills Service Centre. This registration ensures that your will is legally recognized under the jurisdiction of the DIFC Courts.

DIFC Circle

Why Consultation is Recommended

It is recommended by the DIFC Court to consult a professional, as DIFC wills should be drafted per the DIFC Wills and Probate Registry Rules (WPR). An expert wills draftsman can ensure that your will complies with all the rules of the DIFC Court and accurately reflects your wishes. This is especially important if your estate includes complex assets, such as businesses or multiple properties, where specialized guidance can help avoid errors and ensure your will is legally sound.

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What Happens After You Register Your DIFC FULL WILL?

  1. Validity and Enforcement – Once your DIFC FULL WILL is registered with the DIFC Wills Service Centre, it becomes legally enforceable under the jurisdiction of the DIFC Courts. This ensures your estate is distributed according to your wishes, and that your beneficiaries and legal guardians are recognized and protected by law.
  2. Updating Your DIFC FULL WILL – Life circumstances often change, so it’s important to review your DIFC FULL WILL regularly. If you get married, have children, or acquire new real estate or business interests, make sure to update your will to reflect these changes. You can modify your will at any time and re-register it to ensure it remains valid and up to date.
  3. Why a DIFC FULL WILL is Essential – A DIFC FULL WILL is vital for expats living in Dubai who want to ensure their estate is managed according to their wishes. By preparing and registering a DIFC FULL WILL, you can protect your loved ones and ensure that your assets are distributed according to your specific preferences, providing peace of mind and legal security for your family.

FAQ

Yes, the will is updated when there is a change in your family, or the addition of guardianship provisions, in the case of children.

It is a key legal requirement to sign the will in the presence of two witnesses to validate it.

The executor could be a close relative or a friend who would administer the estate according to the instructions in the will.

Having a minor daughter should be taken into account when setting up a will, when appointing a guardian for her.

DIFC Property Wills

Non-Muslims can register a “Property Will” with the DIFC Courts for their real estate assets.

DIFC Financial Assets Wills

Non-Muslims can register a “Financial Assets Will” with the DIFC Courts for their bank and brokerage accounts.

DIFC Business Owners Wills

Non-Muslims can register a “Business Owners Will” with the DIFC Courts for who own shares in UAE-based companies.

DIFC Guardinaship Wills

Non-Muslims with minor children can use the DIFC Courts to register a “Guardianship Will”.

DIFC Digital Assets Will

Non-Muslims can register a “Digital Assets Will” allows the testator to store their digital assets in a non-custodial wallet.”