The DIFC Wills and Probate Registry (DWPR) enables non‑Muslim expatriates to register wills that govern their UAE‑based assets under common‑law principles, avoiding the default Sharia‑influenced succession rules. Established in 2014, the DWPR operates separately from the UAE courts, with registered wills enforced through the DIFC Courts.
Scope of a DIFC Will
DIFC wills are divided into several distinct types, allowing clients to tailor coverage to their specific assets and family circumstances:
- Full DIFC Will – Covers both movable and immovable UAE assets, including property, bank accounts, and business interests.
- Guardianship Will – Appoints a legal guardian for minor children; can be filed alone or attached to a full will.
- Business Owners Will – Addresses the transfer of shares in a UAE company, preventing business disruption during probate.
- Financial Assets Will – Focuses solely on bank accounts and other liquid holdings.
- Non‑Muslim Registry Will – Limited‑scope will primarily for UAE real estate.
Clients with children, property, and business interests typically combine several of these documents to ensure comprehensive protection.
Registration Procedure
- Drafting – A qualified DIFC‑registered legal practitioner prepares the will(s) based on the client’s asset profile and family situation.
- Appointment Booking – The client schedules a registration slot via the DWPR online portal.
- In‑person Registration – The testator appears in Dubai, confirms identity, and signs the will before a DWPR registrar, with two witnesses present.
- Certificate Issuance – The will is entered into the secure DIFC registry and a registration certificate is provided.
Because the signing must be done in person, expatriates who split their time between the UAE and another country need to plan the appointment during a UAE visit.
Fees
- DWPR registration fee – Varies by will type; a full DIFC Will carries the highest fee.
- Legal drafting fees – Depend on estate complexity and the number of will types required.
- Registering multiple will types together (e.g., a full will plus a Business Owners Will) increases total cost but offers layered protection, especially for significant business interests.
Recent Legal Changes
- Federal Decree‑Law No. 41 of 2024 (effective 1 January 2026) – Introduces a statutory default distribution for non‑Muslim expatriates who die without a valid will: 50 % to the surviving spouse and the remaining 50 % divided equally among children. Courts cannot deviate from this default.
- Joint ownership – Under UAE law, joint bank accounts and jointly owned property do not automatically pass to the surviving co‑owner. Without a registered will, such assets may be frozen pending probate, potentially restricting access for spouses or business partners.
A registered DIFC will allows the estate to bypass the statutory default and be administered according to the testator’s instructions.
Guardianship Coverage
DIFC guardianship provisions apply only to children residing in Dubai or Ras Al Khaimah. Expatriates with children in other emirates should verify whether an ADJD‑registered will (for Abu Dhabi assets) or a combination of instruments provides the needed coverage.
Practical Considerations
- Determine which combination of will types aligns with your asset mix (property, bank accounts, business shares) and family needs (spouse, minor children).
- Schedule the mandatory in‑person signing well in advance of any planned travel.
- Seek advice from a DIFC‑registered legal professional to ensure the will complies with both UAE regulations and any relevant home‑country estate planning structures.
Source article: knightsbridge.ae
