Five certainties brought by DIFC Courts Wills Service

DIFC Courts Wills Service has been set-up to provide much needed clarity and certainty to the non-Muslim community owning assets in the United Arab Emirates and wishing to transfer their estate according to their own wishes.

Following are the five (5) certainties brought by the DIFC Courts Wills Service (DIFC CWS):

1. Transfer your assets as you wish

DIFC Courts Wills Service gives non-Muslim individuals with assets in the UAE, the ability to register their Wills in English language. This was not previously possible anywhere in the UAE. So, if you are a non-Muslim, you can pass on your UAE based moveable and immovable assets of any form precisely according to your own wishes written in a Will registered with DIFC Courts Wills Service. You can also appoint guardians for your children according to your wishes.

2. Available for residents and non-residents

DIFC CWS’s service covers all types of assets located only in the United Arab Emirates, for both residents and non-residents.

3. Simple signing process

Registering a Will requires the testator to visit the offices of the DIFC Courts Wills Service and sign the Will formally in the presence of an officer of the Wills Service. The testator should be accompanied by one (1) witness. This process significantly reduces the possibility of claims challenging the validity of the Will at the probate stage.

4. Clear legal mechanism

The DIFC Wills Rules are based on the common law principles and legislation of other leading common law jurisdictions such as the UK, Singapore and Malaysia. So, the individuals from western jurisdictions, Australia, New Zealand, Africa and Asia would be more familiar with these well-established principles.

5. Short probate process

DIFC Court is responsible for issuing probate grants and court orders for the distribution of estate as well as guardianship orders for the protection of minors. It is anticipated that the probate process in standard probate matters should take no more than one (1) month – which is significantly shorter than any other court processes in the UAE.