Functions of Director and Authorised Officer of DIFC Wills Registry

What are functions of the Director and the Authorised Offer at the DIFC Courts Wills Service under DIFC WPR Rules?

The Director and Authorised officers of the DIFC Courts Wills Service (Wills Service) have the following functions under the DIFC Wills and Probate Registry Rules (DIFC WPR Rules):

1. The Director and the Authorised Officer have the authority to witness a DIFC Will prepared in accordance with the DIFC WPR Rules upon the payment of the relevant fee by the person signing the DIFC Will (Testator). It should be noted that a DIFC Will is only enforceable once it has been duly registered with the Wills Service upon the completion of the said formality.

2. Upon registration of the DIFC Will, the Director or an Authorised Officer electronically stores and preserves the DIFC Will and issue the Testator with a certified copy.

3. The Director or an Authorised Officer can also register any document referred to in the DIFC Will or which accompanies it (including any letter of wishes with the DIFC Will).

4. The Director only registers a DIFC will if the guardian(s) (if any are appointed under the DIFC Will) have signed a document to undertake to act in accordance with the DIFC WPR Rules and DIFC law and to submit to the jurisdiction of the Court. This is done through a witness statement verified by a statement of truth. A witness statement is a simple document that the guardian(s) sign on a standard format provided in the DIFC WPR Rules.

5. The Director has the right to refuse to register a DIFC Will if the requirements of the DIFC WPR Rules are not met. It is therefore prudent to have the DIFC Will prepared by a wills draftsman who is registered with the DIFC WPR.

6. Where a Testator is physically incapable of attending the Wills Service, the Director has the power to attend a location within the United Arab Emirates for the purpose of enabling the Testator to execute the DIFC Will. The Testator shall, however, be required to pay any applicable additional fees and expenses incurred by the Wills Service.

7. All registered DIFC Wills and other documents which are under the control of the Director are retained in the Wills Service’s records in their electronic format.

8. The Wills Service/Director may only allow the inspection of the DIFC Will and other documents registered to the following:

• The Testator;
• A lawyer who has a valid power of attorney issued by the Testator; and
• after the Testator’s death, his/her executors, guardians and geneficiaries.

9. A DIFC Will and any other documents may be withdrawn from the Wills Service by the Testator by an application (made by him or by a lawyer authorised in writing to withdraw the Will) in writing made to the Director.

10. A DIFC Will and, if appropriate, any other documents can only be revoked by an application made to the Wills Service under the DIFC WPR Rules and once such revocation shall be confirmed in writing by the Director.

11. The DIFC WPR Rules do not allow any officer of the Wills Service to provide legal advice to the Testator. Hence, it is recommended that you seek the advice of a wills draftsman who is duly registered with the Wills Service.