Interpretation of the terms used in the DIFC WPR Rules
What is the language and relevant interpretation of the defined terms used in the DIFC Will Rules?
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The DIFC WPR Rules use the following terminology with the meaning provided against each term:
| Terms | DEFINITION |
| Account | an explanation of what has happened to the Property in the Estate |
| Administration | administration of an Estate pursuant to a Grant or Grant of Administration (with Will annexed) |
| Administrator | a person to whom a Grant of Administration (with Will annexed) is made |
| Age of Majority | the age of 21, according to the Gregorian calendar |
| Authorised Officer | any officer of the Wills Service who is for the time being authorised by the Director to supervise and witness the execution of a Will, seal and certify copies, and carry out the Director’s function |
| Beneficiary | any person interested in the Estate under the Will and an Executor or Trustee may be a Beneficiary |
| Cleared Off | to establish that there is no applicant ranking higher in the order of priority (as set out in Rule 30) who wishes to apply for Probate |
| Court | the DIFC Court of First Instance |
| Deceased | a dead Testator |
| Discretionary Grant | a Grant under Rule 51 |
| Donor | a person whose lawful attorney applies for a Grant under Rule 36 |
| DRA | the Dispute Resolution Authority, as defined in Dubai Law No 7 of 2014 |
| Estate | the Immovable and Movable Property of a Deceased and includes Property over which he exercises a general power of appointment by his Will |
| Estate Property | any Property comprised in the Estate of a Deceased |
| Executor | the executor, original or by representation, or, unless the context otherwise requires, the Administrator for the time being of the Deceased |
| Emirate of Dubai or Dubai | the Emirate of Dubai including the DIFC |
| Firm | a partnership (including a limited liability partnership) or company or other corporation |
| Grant | a grant of Probate |
| Grant of Administration (with Will annexed) | a Grant to a person other than the executor named in the Will |
| Guardian | a guardian of a minor and his Property and includes an interim guardian |
| Immovable Property | includes all interests in land (but not money secured or charged on land) |
| Interim Grant | a Grant limited to the taking of steps for the preservation of the Estate |
| Intermeddled | a person who has acted in a way that the Court concludes shows that he has assumed the role of Executor and should be ordered to take a Grant |
| Inventory | a list of the assets that comprise the Estate |
| Issue | children and their lineal descendants and includes adopted children |
| Judge | the Chief Justice and any Judges appointed under Article 9 of the DIFC Court Law 10 of 2004 |
| Life Interest | an interest given to a person under the Will which terminates on that person’s death |
| Marriage | the legal union between a man and a woman as husband and wife |
| Minor | a person under the Age of Majority |
| Movable Property | all Property other than Immovable Property |
| Muslim | an individual who is at the date of death a Muslim according to the law and practice of the United Arab Emirates |
| Non-Muslim | an individual who at the date of death is not a Muslim according to the law and practice of the United Arab Emirates |
| Notification | a document of the kind referred to in Part 12 of these Rules |
| Notifier | the person at whose request a Notification is issued |
| Objection | a notice filed in accordance with Part 13 of these Rules by a person who wishes to prevent the making of a Grant |
| Objector | a person who wishes to prevent the making of a Grant and for that purpose enters or wishes to enter an Objection |
| Possession | includes the receipt of (or right to receive) rents and profits |
| Practice Direction | any Practice Direction made in accordance with Rule 7 |
| Probate | the probate of a Will and includes a Grant of Administration (with Will annexed) |
| Probate Claim | a claim as defined by Rule 55.1(2)(a) of the RDC |
| Probate Matters | any matters relating to obtaining Probate in accordance with these Rules |
| Probate Practitioner | a legal practitioner who is licensed to carry out Probate Matters in accordance with a Practice Direction |
| Property | anything capable of being owned and transferred |
| Purchaser | a person who in good faith acquires an interest in property for valuable consideration (which includes Marriage, but does not include a nominal consideration in money) |
| RDC | the Rules of the Dubai International Financial Centre Courts |
| Director | a Director of the Wills Service, appointed by the Head of the DRA |
| Wills Service | the DIFC Courts Wills Service |
| Rent | includes any sort of rent or periodical payment in money or money’s worth for the use or occupancy of Immovable Property |
| Renunciation | the act by which a person having a right to Probate waives and abandons it |
| Residuary Beneficiary | a person left the residue of the Estate |
| Residuary Trustee | a person left the residue of the Estate to hold on trust for someone else |
| Response | a person’s response to an Objection filed in accordance with Part 13 of these Rules |
| The Rules | these Rules (The DIFC Wills & Probate Registry Rules) |
| Spouse | a person’s husband or wife by Marriage |
| Statement of Truth | a statement that the maker of the document believes the facts stated in the document to be true |
| Testator | an individual who makes a will |
| Trustee | any person who receives a gift under the Will to hold on trust for someone else |
| Will | any will registered under these Rules |
The above terminology has been reproduced from the DIFC Wills & Probate Registry Rules.
It should be noted that the provisions of the DIFC Wills & Probate Registry Rules should be construed in accordance with the applicable law as defined in Article 8(2)(e) of the Law on the Application of Civil and Commercial Laws in the DIFC 2004 and in cases not covered by the Rules, that law shall apply.
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