Understanding DIFC Wills: An Essential Guide for Expatriates in Dubai

The Dubai International Financial Centre (DIFC) has established itself as a premier jurisdiction for registering wills, offering expatriates peace of mind concerning their estate planning. This article delves into the different types of wills available through the DIFC, the process of registering a will, the requirements, benefits, the speed of the registration process, and the concept of mirror wills, all underpinned by the relevant laws.

Types of DIFC Wills

DIFC offers various types of wills to cater to different needs:

1. Full Will: Covers all the individual’s worldwide assets.
2. Guardianship Will: Specifically designates guardians for minor children.
3. Property Will: Pertains to up to five real estate properties situated in the UAE.
4. Business Owners Will: Addresses shares in up to five UAE-based businesses.
5. Financial Assets Will: Includes up to ten separate bank or investment accounts in the UAE.

Mirror Wills

Mirror wills are typically used by couples, usually spouses, who wish to create similar or identical wills. Each partner’s will reflects the terms of the other’s, ensuring that their assets are distributed according to their mutual wishes. This can include provisions like leaving all assets to the surviving partner and, in the event of their simultaneous death, to their children or other beneficiaries.

Creating Mirror Wills in DIFC

Creating mirror wills in the DIFC involves the following steps:

1. Drafting the Wills: Both partners need to draft their wills, ensuring that the terms mirror each other. This often involves legal assistance to ensure precision and compliance with DIFC regulations.
2. Online Registration: Each partner creates an account on the DIFC Wills Service Centre’s website and completes the online registration forms.
3. Appointment Booking: Schedule a joint appointment for the will registration. This can be done online, and appointments are typically available within days.
4. In-Person or Virtual Signing: Attend the appointment together, either in person at the DIFC Wills Service Centre or virtually. Both wills are signed in the presence of a DIFC official and a witness.
5. Registration and Storage: Once signed, both wills are registered and securely stored by the DIFC Wills Service Centre.

Process of Registering a DIFC Will

Registering a will with the DIFC is a streamlined process designed to be as efficient as possible:

1. Drafting the Will: The first step involves drafting the will, which can be done with the assistance of a legal expert to ensure all legalities are covered.
2. Online Registration: Create an account on the DIFC Wills Service Centre’s website and complete the online registration form.
3. Appointment Booking: Schedule an appointment for the will registration. This can be done online, and appointments are typically available within days.
4. In-Person or Virtual Signing: Attend the appointment either in person at the DIFC Wills Service Centre or virtually. During this meeting, the will is signed in the presence of a DIFC official and a witness.
5. Registration and Storage: Once signed, the will is registered and securely stored by the DIFC Wills Service Centre.

Requirements for DIFC Wills

To register a will with the DIFC, the following requirements must be met:

• Eligibility: The testator must be a non-Muslim and at least 21 years old.
• Clear Intentions: The will must clearly state the testator’s intentions regarding the distribution of their assets and the appointment of guardians, if applicable.
• Witnesses: The will must be signed in the presence of at least one witness and a DIFC official.
• Compliance with DIFC Rules: The will must comply with the DIFC Wills and Probate Registry Rules.

 

Benefits of DIFC Wills

Registering a will with the DIFC comes with several significant benefits:

• Legal Certainty: Provides legal certainty and ensures that the testator’s wishes are respected and executed according to their specific instructions.
• Streamlined Process: The process is efficient and user-friendly, with options for virtual registration.
• Protection for Expatriates: Offers expatriates a legal framework that aligns with international standards and respects non-Muslim traditions.
• Security: Ensures that the will is securely stored and easily accessible when needed.

 

Importance of Having a Will Registered with DIFC

Having a will registered with the DIFC is crucial for several reasons:

• Avoid Intestate Succession: Without a valid will, the local laws of intestate succession will apply, which may not align with the testator’s wishes.
• Asset Protection: Ensures that assets are distributed according to the testator’s wishes, protecting the interests of the beneficiaries.
• Guardianship of Minors: Allows expatriates to designate guardians for their minor children, providing peace of mind regarding their care and upbringing.
• Business Continuity: Helps in planning for the smooth transfer of business ownership, ensuring business continuity.

 

Speed of the DIFC Will Registration Process

The DIFC Will registration process is designed to be swift and efficient. From the initial drafting to the final registration, the entire process can be completed within a few weeks, with online tools and virtual appointments significantly reducing the time required.

 

Relevant Laws Governing DIFC Wills

The primary legal framework for DIFC Wills includes:

• DIFC Wills and Probate Registry Rules: These rules outline the procedures and requirements for registering a will in the DIFC.
• DIFC Laws and Regulations: Various DIFC laws and regulations ensure that the will registration and probate processes align with international best practices and provide legal protection to expatriates.

 

Frequently Asked Questions (FAQs)

1. Who is eligible to register a will with the DIFC?
   • Any non-Muslim individual who is at least 21 years old can register a will with the DIFC.
2. Can DIFC Wills cover assets outside of the UAE?
   • Yes, a Full Will can cover all the individual’s worldwide assets.
3. Do I need a lawyer to draft my DIFC Will?
   • While it is not mandatory, it is highly recommended to seek legal assistance to ensure the will is drafted correctly and complies with all DIFC regulations.
4. How long does the registration process take?
   • The entire process, from drafting to final registration, can typically be completed within a few weeks.
5. Can I register my will virtually?
   • Yes, the DIFC provides options for virtual registration, including the signing of wills in a virtual appointment.
6. What happens if I die without a will registered with the DIFC?
   • If you die without a valid will, the local laws of intestate succession will apply, which may not reflect your wishes regarding asset distribution and guardianship.

 

In conclusion, registering a will with the DIFC provides expatriates in Dubai with a robust and reliable framework for estate planning. The variety of will types, streamlined registration process, and numerous benefits make DIFC Wills an essential consideration for anyone looking to safeguard their assets and ensure their wishes are honored. Mirror wills, in particular, offer couples an efficient way to ensure their mutual wishes are respected, providing an added layer of security and peace of mind.

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Published by: Nimi Sam