The Latest Information on DIFC Wills for Non-Muslims Living in the UAE
Date Posted: Tue, 28 Sep, 2021
With so many progressive changes to encourage expats to the UAE, Hamdan Alshamsi Lawyers and Legal Consultants approached the BBG to clarify the latest information on a topic that is so important to consider for British non-Muslims living and working in Dubai - making a DIFC Will. (Hamdan Alshami pictured(
Hamdan Alshamsi Lawyers and Legal Consultants specialise in helping non-Muslim clients, over 21 years old and living in the UAE, to make a DIFC Will to avoid the application of forced heirship succession rules; to ensure their assets are distributed in accordance with their wishes on death, and to include their worldwide assets.
A DIFC Will can cover all kinds of movable and/or immovable assets, including real estate that is physically located or registered across the UAE and globally.wTH
Who Can Make a DIFC Will? Individuals over 21 years old. Non-Muslims.
Why Should I Make a DIFC Will? To avoid the application of forced heirship succession rules based on Sharia Law. A non-Muslim expatriate living in the UAE can implement a DIFC Will so their assets are distributed in accordance with their wishes on death. Testators can now include their worldwide assets, which previously was not the case, as they could previously only include assets in Dubai or Ras Al Khaimah.
What a DIFC Will Covers? All kinds of movable and/or immovable assets, including real estate that is physically located or registered across the UAE and globally. The Wills Service and Registry ensure that a person’s UAE assets will be distributed according to the terms of their Will.
How Does a DIFC Will Work? An appointment must be made online with the DIFC Wills Service Centre. The execution of the Will shall take place at the time of registration. The testator is now required to bring two independent witnesses to witness the signature of their DIFC Will. All registered Wills under the control of the Registrar of the DIFC Courts are stored electronically and shall be treated as the original Will. What Happens Upon Death (If a DIFC Will Has Been Registered with the DIFC Wills Centre)?
The executor presents the list of assets of the deceased’s estate to the DIFC Court. The DIFC court will issue the grant of probate and orders for the distribution of the assets including any applicable guardianship orders for the protection of minors. The Dubai Courts will: (i) attest the grant of probate; (ii) confirm any applicable guardianship rights of minors; (iii) confirm the appointment of the executor; and (iv) order the distribution of any applicable Dubai assets.
How Can HAS help? We can help clients by offering a free 30-minute consultation to discuss our DIFC Will service, and if this is of interest, we ask our clients to fill out a DIFC Wills Questionnaire form. Once the form has been completed, we shall review the complexity of the will required, and provide you with our fee quotation.If you have any queries or questions, please contact us by phone on: +971 4 3469262 or by email firstname.lastname@example.org.