Registering a will at the DIFC Wills Service Centre: a step-by-step guide

The DIFC Wills Service Centre, part of the DIFC Courts, is the registry most non-Muslim residents of the UAE use to make a will that will be applied to their UAE assets and to the guardianship of their children. It operates under its own rules, in English, with a common law approach to succession, and a registered will is given effect by the DIFC Courts after death. This guide explains how it works and what to prepare.

Who can register

A person can register a will at the DIFC if he or she is not a Muslim, has never been a Muslim, and is over 21 years of age. Residence in the UAE is not required; a non-resident with assets in the UAE can also register. Muslims cannot use the registry and should plan their estate under the Personal Status Law, within which a will for up to one third of the estate is possible.

What the will can cover

A DIFC will can cover assets located anywhere in the UAE: real estate, bank accounts, shares in companies, vehicles, investments and personal belongings. It can also appoint guardians for minor children who are habitually resident in the UAE, both interim guardians for the immediate period after death and permanent guardians. The Centre does not accept assets outside the UAE, so a person with foreign assets usually keeps a separate will for them, drafted so that the two wills do not revoke each other.

Types of will

• Full will: all UAE assets and guardianship in one document.
• Guardianship will: guardianship of minor children only.
• Property will: up to five real estate properties in the UAE.
• Business owners will: shares in up to five UAE companies, mainland or free zone.
• Financial assets will: up to ten bank or brokerage accounts.

Spouses often register mirror wills, each leaving the estate to the other and then to the children, with the same guardians named in both.

Step by step

1. Instruct a lawyer. The will must be drafted in the form the Centre requires. A lawyer takes your instructions on the beneficiaries, the executors, the guardians and any specific gifts, checks that the choices work under UAE law, and prepares the draft. The Centre itself does not draft wills.
2. Gather the documents. A passport copy, an Emirates ID copy for residents, the title deeds of any property, the trade licences and share details of any companies, the bank account details, the passport copies of the executors and guardians, and the details of the beneficiaries.
3. Review the draft. Read every clause. The most common errors are a wrong name, a guardian who has not agreed to act, and a property described differently from the title deed.
4. Book the appointment. Registration takes place by appointment at the Centre in the DIFC, or by video link for those who cannot attend. The testator and two adult witnesses, who must not be beneficiaries or their spouses, must attend and bring original identification.
5. Sign and register. At the appointment a Centre officer verifies the identity of the testator and the witnesses, confirms that the testator understands and approves the will, and witnesses the signatures. The will is then registered and a certified copy is issued. The original is held by the Centre.

After registration

The will can be amended by a codicil or replaced by a new will at any time, through the same process. It should be reviewed after a marriage, a divorce, the birth of a child, the purchase of property or a change of country. Keep the certified copy with your important papers and tell your executor where it is.

What happens after death

The executor applies to the DIFC Courts for a grant of probate. Once the grant is issued the Courts' orders are enforced directly by the Dubai Courts, the Land Department, the banks and the licensing authorities, without a separate onshore case and without the default inheritance rules applying. In practice this is faster and more certain than proving a foreign will or applying for a succession certificate.

Alternatives

The Abu Dhabi Judicial Department runs a wills registry for non-Muslims that operates in Arabic and English, and the Dubai Courts register notarised wills in Arabic. The civil personal status law for non-Muslims also allows a will to be applied by the onshore courts. Each route has its place, and the right choice depends on where the assets are, the language of the family and the cost. We advise on this before drafting.

How we help

Our succession team drafts DIFC wills, checks them against your assets and your family circumstances, arranges the appointment and attends with you, and later applies for probate and administers the estate. Contact us to arrange a consultation.