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Knowledge Centre - DIFC Wills

Rectification of DIFC Wills

Under what circumstances can a DIFC Will be rectified?

If the DIFC Court is satisfied that a DIFC Will is written in such manner that it fails to carry out the intentions of the person signing it (Testator), it may order that such DIFC Will be rectified so as to carry out Testator’s intentions. An application for such order is required to be made within six (6) months from the date of the grant issued by the DIFC Court (Grant).

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The provisions of DIFC WPR Rules do not make the executors liable for distributing any part of the estate after the end of the period of six (6) months from the date of the Grant on the ground that they ought to have taken into account the possibility that the Court might permit the making of an application for an order after the end of that period.

An application for an order that a DIFC Will be rectified can be made to the Director of the Wills Service unless a probate claim has been commenced. In all other cases, the Director shall refer the application to the DIFC Court.

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