5 Reasons to Choose DIFC Courts for Your Will Registration

We all know that a Will is an important legal document that's created to direct how your property will be managed and distributed among others. If you are a non-Muslim expat living in the UAE, a valid written Will that can ensure your assets and children's future are handled as per your wish. It can also contain the care of your minor children after your death.

It gives clear clarity and certainty to the non-Muslim community on how to set their Will when they have assets in the United Arab Emirates. Because the Wills face the application of Sharia law and transfer their assets as per their own wishes upon their death.

If you are wondering if you should really go for DIFC court Wills, it's high time you read this article to learn why.

We have given 5 important reasons that explain why non-Muslims should register their Wills with the DIFC Courts Wills service.

What is DIFC Will?

It is a type of Will that's made for a person who either lives or has assets in the United Arab Emirates. These Wills cover two important things: the assets that are located in the UAE and the appointment of guardians for those minor children (below 21) who are living with the testator in Dubai or Ras Al Khaimah.

5 Reasons to Choose DIFC Courts for Your Will Registration

1. You can transfer your assets as you want

Under the Sharia Law, a part of the property or estate must be distributed to some particular heirs, including children, spouses, parents, and siblings. These shares may vary  depending upon factors such as gender, kinship, and the presence of other heirs.

But DIFC Will gives the non-Muslim expats with assets in the UAE the opportunity to register their Wills in the English language. So, if you are a non-Muslim, you can distribute your UAE-based assets as you wish without the implication of any Sharia law. You just have to register a Will with the DIFC Courts Wills Service. Plus, you can appoint guardians for your children under 21 based on your preferences.

2. Creating the DIFC  Will is super easy

When compared to the Dubai Courts Will Service, which allows residents in Dubai to register their wills under the UAE's civil law framework, the DIFC wills are easier to register. Dubai courts mostly operate in Arabic. Here, there is no need for translation and attestation, as this Will is drafted and registered in English.

Lastly, these Wills are designed for quick execution. Means they reduce the risk of disputes or lengthen probate procedures. While Dubai court Wills can sometimes face delays due to legal interpretations and added verifications.

So, to make this DIFC Court Will official, you just have to visit their offices at the Dubai International Financial Centre (DIFC) and sign the document in front of the Wills Service Officer. This officer acts as an official witness to confirm your DIFC Court Wills validity.

But again, you can also bring one extra witness of your choice to be present during the signing. This extra step is not a formality. It's for your satisfaction and you can avoid any future disputes over your DIFC Court Wills authenticity.

3. Clear legal mechanism

The DIFC Wills and Probate Registry (WPR) operates under a legal framework based on common law principles. This is similar to those well-established jurisdictions in countries such as the UK, Malaysia and Singapore. This provides a familiar legal structure for individuals from Western countries such as Australia, New Zealand, Africa and Asia. So, these common law principles are widely recognized and practiced.

For expatriates who come to these regions, they find confidence in the process because they are similar to their country. Unlike the UAE’s civil law and Sharia-based inheritance laws, the DIFC WPR ensures that wills are executed according to the testator’s exact wishes without unexpected legal complications.

4. DIFC Wills is available for both residents and non-residents

If you think that DIFC Courts Wills Service is only for UAE residents, you are wrong. It's applicable for non-residents too. This means that no matter where you live, i.e., either inside the UAE or abroad, you can still draft and register a legally binding will under DIFC’s jurisdiction.

If you are an expat who is looking to relocate or maintain their assets in the UAE while living in some other location, this flexibility helps. Even if you leave the UAE after registering your will, it remains valid.

To be eligible for a DIFC will, you must meet the three important criteria:

• You should be a non-Muslim because this Will is designed specifically for non-Muslims. As for the Muslims, the Shariah laws automatically apply to Muslims.
• You should be at least over 21 years of age. This ensures that you have the legal capacity to make decisions about your property.
• Own moveable or immovable assets in the UAE or have children under 21 living in Dubai or Ras Al Khaimah: Property, bank accounts, business shares, or any kind of personal belongings—your DIFC will can cover any UAE-based assets. Additionally, if you have children under 21 living in Dubai or Ras Al Khaimah, you can legally appoint guardians for them through your will.

5. Quick probate process

For Wills that are registered with the DIFC Courts Wills Service, the court itself handles all the probate proceedings. For example, it can issue grants and court orders for estate distribution and guardianship according to the Will’s instructions. Another important feature of this process is that the executors can apply for probate directly without the need of a lawyer. This makes the process straightforward and the work gets done in less than one month. Know that this Will registration is only available via DIFC courts and not elsewhere in the UAE.

Final words

So, as you can see, choosing the DIFC Courts for Will Registration offers several important advantages. Basically, it lets you register your will as per your wish without any indulgences from Sharia law. And not to mention this process is quick and easy too. So, it’s a smart choice to pick this streamlined system that’s unique and efficient too.