Dubai’s growing appeal as a global hub has led many expatriates to invest and build assets in the city. For non-Muslims, estate planning involves deciding how assets should be distributed after their passing. Dubai offers two main options for will registration: Dubai Court Wills and DIFC Wills. Both allow expatriates to distribute assets according to their own wishes, yet they vary in cost, process, and legal implications. Here’s a guide to help you choose the right option for your needs. 

Dubai Court Wills

Dubai Court Wills allow non-Muslims to register wills with the Dubai Civil Courts, bypassing the automatic application of Sharia inheritance rules. 

Key Features: 

  1. Legal Framework: Operates under UAE federal laws, providing non-Muslims the option to opt out of Sharia inheritance. 
  2. Language Requirement: Wills must be drafted in Arabic or translated into Arabic for registration. 
  3. Notarial Process: Registration occurs through the Dubai Courts, giving the will legal enforceability. 
  4. Asset Coverage: Applicable to UAE-based assets, including real estate, bank accounts, investments, and other personal assets within Dubai and the wider UAE. 
  5. Probate: Upon death, probate is handled by Dubai Courts, which may involve a longer processing time, especially if foreign law provisions are included. 

Advantages of a Dubai Court Will: 

  • Cost-Effective: Dubai Court Wills typically involve lower registration fees compared to DIFC Wills. 
  • Suitable for UAE-Based Assets: Ideal for those whose primary assets are within Dubai or the UAE. 

Drawbacks of a Dubai Court Will: 

  • Language Barrier: Non-Arabic speakers may find the translation requirement cumbersome. 
  • Lengthy Probate: The Dubai Court probate process may take longer and could be complex if referencing foreign laws. 

DIFC Wills

The Dubai International Financial Centre (DIFC) offers a separate common law system through the DIFC Wills and Probate Registry, providing a streamlined, Sharia-exempt process for non-Muslims. 

Key Features: 

  1. Common Law Framework: DIFC Wills operate under a familiar legal system for expatriates from common law jurisdictions. 
  2. English Language: Wills can be drafted in English, simplifying the process for expatriates. 
  3. Digital Registration: Registration is digital, with DIFC experts ensuring the document’s compliance. 
  4. Broader Asset Coverage: Includes assets both within the UAE and outside its borders, such as real estate, company shares, and personal assets. 
  5. Expedited Probate: DIFC Courts process wills with greater speed, providing faster probate outcomes through common law principles. 

Advantages of a DIFC Will: 

  • Efficient Probate Process: Probate orders are often issued within weeks, offering predictability and efficiency. 
  • English Language Access: More accessible for expatriates who may not be fluent in Arabic. 
  • Global Asset Inclusion: Provides flexibility for those with international assets, though some foreign assets may require legal mechanisms for jurisdiction recognition. 

Potential Drawbacks of a DIFC Will: 

  • Higher Costs: Registration fees for DIFC Wills are generally higher than Dubai Court Wills. 
  • Jurisdiction Limitations: While covering UAE assets, additional legal steps may be needed for full recognition of international assets. 

Choosing Between a Dubai Court Will and a DIFC Will 

The decision depends on individual circumstances, asset location, and legal preferences: 

  • Dubai Court Will: A cost-effective option suited for UAE-based assets and those comfortable with the local legal system. 
  • DIFC Will: Recommended for expatriates with global assets and those preferring a common law approach with quicker probate. 

How AWS Legal Group Can Help

With over 30 years of experience drafting wills for clients in Dubai Courts and 10 years in DIFC Wills, AWS Legal Group is equipped to help you navigate your estate planning options. Our experienced team can assess your asset profile and legal needs, guiding you to the best will option for your specific requirements. 

Contact us today for a consultation on Dubai Court Wills and DIFC Wills. 

Client Guides

  • 29 October 2024
  • 7 min read



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