DIFC Wills
DIFC WILLS & PROBATE REGISTRY
The Law & DIFC WPR Rules allow you as a Testator to draft your own Will saving you thousansd of Dirhams
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The Official Website for the Government of Dubai states - "Another option for non-Muslims is to have their wills registered through the ‘Wills and Probate Registry’ at the Dubai International Finance Centre (DIFC), by making an online appointment, submitting all documents as per their legal process and paying the fee of AED 10,000 per will.".
In accordance with DIFC Wills and Probate Registry Rules Practice Direction No. 1 of 2016 Clause 4, A Will must have been drafted either by a Testator or by a registered Wills Draftsman. As a Testator, you have the right to draft your own Will for your Assets and Children residing in Dubai.
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You can now have your Dubai only assets distributed in accordance with your own wishes and registered with the DIFC Wills and Probate Registry.
The DIFC has launched the DIFC Wills and Probate Registry Rules and the DIFC Wills and Probate Registry has started to attest and register DIFC Wills on April 30th 2015.
This Will can include your movable assets (cash, shares, cars & boats) as well as your immovable properties which is your real estate situated in the Emirate of Dubai only.
The following is information provided by The DIFC Wills and Probate Registry (The Registry) which is an ancillary body of DIFC's Dispute Resolution Authority (DRA) and is available in the Public Domain.
Expat Wills have revolutionized the DIFC Will services in Dubai by providing a software app to draft your own DIFC Will at the lowest price possible. We are now providing the most competitive Price for DIFC Wills by allowing Testators to exercise their legal rights in compliance with the DIFC Rules to obtain a cheap low cost DIFC Will that compared with competitors is a cut price DIFC Will that Testators are currently demanding.
Why has the DIFC Wills and Probate Registry been established?
In the face of perceived uncertainty, many Dubai expatriates and business people are moving their assets to overseas jurisdictions. At the same time, many people are unaware that in the absence of a registered will, the process of transferring their assets to their loved ones after death is time consuming and fraught with legal complexity.
The DIFC Wills and Probate Registry will provide a first-of-its-kind service that allows eligible individuals the ability to register their wills according to the principles of testamentary freedom, meaning the freedom to dispose of their property upon death as they see fit.
AN OPTIMAL LEGAL SOLUTION FOR PROTECTING DUBAI ASSETS, FAMILY AND BUSINESS AFTER DEATH.
By virtue of the DIFC WPR Rules, eligible individuals with assets in Dubai now will have the ability to register English language wills that create legal certainty for the inheritance of their assets after death. The Registry provides a simple and efficient mechanism for non-Muslims to pass on their estates according to their wishes.
About The Registry
The DIFC Wills and Probate Registry is an ancillary body of DIFC’s Dispute Resolution Authority (DRA), and is established by Resolution No. 4 of 2014 issued by Sheikh Maktoum bin Mohammed bin Rashid Al Maktoum, the President of the Dubai International Financial Centre (DIFC).
The DIFC Wills and Probate Registry has been established under the jurisdiction of the DIFC Courts, however it will be operating as a distinct entity.
The new Rules governing the DIFC Wills and Probate Registry reflect the spirit of UAE laws that respect the diversity of people working and living in the country. The innovative new legal solution will enhance Dubai’s attractiveness as a destination for expatriate talent and investment, and support greater economic growth and capital inflows. At the same time,the new regime reflects the spirit of existing UAE inheritance laws, which provide non-Muslims the right to choose the way in which their estates are distributed.
AN OPTIMAL LEGAL SOLUTION FOR PROTECTING DUBAI ASSETS, FAMILY AND BUSINESS AFTER DEATH.
By virtue of the new draft DIFC rules, individuals with assets in Dubai now will have the ability to register wills that create legal certainty for the inheritance of their assets after death.
The innovative new legal solution will enhance Dubai’s attractiveness as a destination for expatriate talent and investment and support greater economic growth and capital inflows. At the same time, the new regime reflects the spirit of existing UAE inheritance laws, which provide non-Muslims the right to choose the way in which their estates are distributed.
The UAE DIFC is the first jurisdiction in the Middle East where non-Muslims can make a will under international-recognised Common Law principles.
Yet, this is not the first such system in the world. A few other common law jurisdictions such as Malaysia, Hong Kong, and Singapore also have similar provisions to deal with the estates of Muslims and non-Muslims distinctively.
The DIFC Wills and Probate Registry (WPR) does not have any judicial functions. It is an administrative body. We work with the DIFC Courts in the production of grants and court orders for the distribution of assets as well as guardianship. The ability of non-Muslims expatriates to gain legal certainty for the distribution of their assets in Dubai is subject to a formal will registration process and functions as an opt-in mechanism.
About The Registry
The Wills and Probate Registry (The Registry), a public entity of the Dubai government, is an ancillary body of DIFC’s Dispute Resolution Authority (DRA) established by Resolution No. 4 of 2014 issued by Sheikh Maktoum bin Mohammed bin Rashid Al Maktoum, the President of the Dubai International Financial Centre (DIFC). The Registry is established under the jurisdiction of the DIFC Courts, allowing it to operate as a distinct entity.
The new Rules governing the DIFC Wills and Probate Registry reflect the spirit of UAE laws that respect the diversity of people working and living in the country.
The DIFC Wills and Probate Registry is an administrative body and does not have any judicial functions. The DIFC Courts is responsible for issuing probate grants and court orders for the distribution of assets as well as guardianship orders for the protection of minors.
The Registry operates as a distinct entity. It is under the jurisdiction of the DIFC Courts, which handles all probate claims related to the registered Wills.
Simple, Hassle-Free Will registration Mechanism
Registering a Will requires the Testator to visit the DIFC Wills and Probate Registry offices and sign the Will formally in the presence of a Registry officer. The Testator should be accompanied by one witness of his or her choice (who is not a beneficiary or spouse of a beneficiary in the Will).
The Registry features innovative processes that enhance the confidentiality and security of registered Wills. All registered Wills are stored in an electronic format for the remainder of the lifetime of the Testator, at the DIFC Wills and Probate Registry. This significantly minimises the possibility of damage, tampering and loss of the Will.
Role of DIFC Courts
All claims, applications and objections to the probate process will be heard by the DIFC Courts, in accordance with the DIFC Wills and Probate Registry Rules, (WPR Rules) the Rules of the DIFC Courts and all other laws applicable in the DIFC.
DIFC Wills Registration Procedure
Source: Available in the Public Domain by DIFC Wills & Probate Registry & DIFC Website http://difcprobate.ae/
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Who are eligiable to register a Will and How to Register?
In order to register a Will with the DIFC Wills & Probate Service, the requirements are that:
- You are not Muslim
- You are over 21 years of age
- If your require a guardianship provision included in the Will, you have minor children (under UAE legal age of 21) living with you in Dubai
- You have assets in Dubai.
The initial step is to have your DIFC Will drafted and then visit the DIFC Wills and Probate Registry website to book a Will registration appointment online. Please note that a non-refundable booking fee is applicable when booking your DIFC Will registration appointment, which will be deducted from the total fee payable at time of registration.
At the appointment, please have your DIFC Will ready with you along with other completed and signed documents, e.g. DIFC WPR Info Form (for testator to complete) and Witness Statements (for guardians to sign), your identity documents and the balance payment for the registration fee. You must bring along a Witness of legal age (21 or above) who is not a beneficiary or the spouse of a beneficiary in your Will.