Revocation of DIFC Wills

Under what circumstances can the DIFC Wills be revoked (cancelled)?

The Wills signed and registered with the DIFC Courts Wills Service (Wills Service) may be revoked (cancelled) in certain situations specified in the DIFC Wills and Probate Registry Rules (DIFC WPR Rules).

The following situations should be considered carefully while determining the revocation of the DIFC Wills:

1. A DIFC Will is revoked by a new (later) DIFC Will validly executed which expressly or impliedly revokes the Will.

2. A DIFC Will is revoked by a written declaration of intention to revoke, executed in the manner in which a DIFC Will is required to be validly executed by the law of the person signing the DIFC Will (Testator).

3. A DIFC Will is revoked by the Testator’s marriage.

4. The exercise of a power of appointment by the Testator takes effect despite the Testator’s subsequent marriage, unless the property so appointed would, in default of appointment, pass to the Testator’s executors.

5. If it appears from a DIFC Will that at the time it was made the Testator was expecting to marry and:

(a) he intended that the Will or a disposition in it should not be revoked by the marriage, the Will or the disposition is not revoked by the marriage.

(b)  where the Testator intended that a disposition should not be revoked by the marriage, other dispositions shall take effect unless it appears that the Testator intended them to be revoked by the marriage.

6. Where, after a Testator has made a Will, his marriage is dissolved or annulled by a court of competent jurisdiction:

(a) any appointment in the DIFC Will of the former spouse as executor or trustee or conferring of a power of appointment on the former spouse; and

(b) any property given or disposed of to the former spouse,

shall pass or take effect, unless a contrary intention appears from the DIFC Will, as if the former spouse had died on the date on which the marriage is dissolved or annulled.