Transitional provisions in the new law state explicitly that all previously registered DIFC Courts Wills are considered valid.
No, the requirements for registering a Will as set out in the new law are already encompassed by the current mandatory requirements for registering a DIFC Courts Will.
All DIFC Courts Orders, including Probate Orders, require execution at the Dubai Courts as a standard formality. Any uncertainty around how the Dubai Courts will undertake that formality has now been removed. Provisions of the new law confirm that Orders concerning Wills and Estates will be implemented in accordance with the usual procedures that have been adopted in this regard by the DIFC Courts (and which have been used to enforce over 100 DIFC Court Orders). As a consequence, the enforcement of DIFC Courts registered Wills will be able to proceed in a smooth and timely manner.
The DIFC Courts Wills Service is a joint initiative of the Government of Dubai and the DIFC Courts that gives non-Muslims investing and living in the UAE the option to pass on their assets and/or appoint guardians for their children, in accordance with the instructions in their Will.
The Wills Service was established by Resolution No. 4 of 2014 issued by His Highness Sheikh Maktoum bin Mohammed bin Rashid Al Maktoum, the President of the Dubai International Financial Centre (DIFC), and its authority re-affirmed by Dubai Law No. 15 of 2017 issued by his Highness Sheikh Mohammed bin Rashid Al Maktoum, Vice-President and Prime Minister of the UAE and Ruler of Dubai, regulating inheritance, wills and probate for non-Muslims.
In the face of perceived uncertainty many people with assets in the UAE were moving their assets to overseas jurisdictions. At the same time, many UAE expatriates are unaware that in the absence of a registered Will, the process of transferring their assets to their loved ones after death is time consuming and fraught with legal complexity.
The innovative new legal solution enhances the UAE’s attractiveness as a destination for expatriate talent and investment and supports greater economic growth and capital inflow. At the same time, the regime reflects the spirit of existing UAE inheritance laws, which provide non-Muslims the right to choose the way in which their estates are distributed.
The Wills Service provides administrative support to the DIFC Courts Wills Registry for Non-Muslims where the register of DIFC Courts Wills is held and where all probate matters and probate claims are handled.
The Wills Service and the Registry together provide a system ensuring that a person’s UAE assets will be distributed in accordance with the terms of their registered Wills. They are governed by Dubai Law No. 15 of 2017 and a set of detailed rules which establishes a system that combines operational speed, efficiency and cost effectiveness with the certainty of judicial enforcement.
The Wills Service also maintains a Register of Will Draftsmen listing those legal practitioners who are experienced in the area of Will drafting and inheritance planning, and works closely with these individuals and other members of the legal community to develop services and provide available inheritance solutions for those with assets in the UAE.
All DIFC Wills are registered at the Registry with all pre-registration checks carried out by the Wills Service and there are a number of locations at which these can take place.
The Wills Service works in conjunction with the DIFC Courts, particularly in relation to applications and granting of Probate Orders and Guardianship Orders relating to estates of those individuals that have passed away leaving a Will registered at the Registry.
In the event of a death, the DIFC Courts issue the required Probate Orders and Guardianship Orders, where necessary, to those appointed to prove the Will and wind up the estate of the deceased. The DIFC Courts will also deal with any claims, further applications and objections that may arise during the Probate proceedings, in line with the Rules and all other laws applicable in the DIFC.
To download a copy of the Rules please click here.
In order to register a Will at the Registry, the requirements are that:
There are five (5) types of Will that you can register at the Registry:
Full Will – covers the distribution of your assets in the UAE and the appointment of guardians of your minor children (if applicable)
Guardianship Will – covers the appointment of guardians of your minor children only
Property Will – covers up to five (5) real estate properties only (online Will service)
Business Owners Will – covers up to five shareholdings in free zone and UAE onshore companies (including RAKICC) only (online Will service)
Financial Assets Will – covers up to ten bank and/or brokerage accounts registered at a branch that is situated in the UAE
All of the above DIFC Courts Wills are registered at the Registry with all pre-registration checks carried out by the Wills Service which operates from the DIFC and other authorised locations.
The pre-registration checks for Full Wills and Guardianship Wills must be carried out by appointment in person with the Wills Service (at the DIFC Courts Wills Service or an alternative authorised location).
The pre-registration checks for Property Wills, Business Owners Wills and Financial Assets Wills can be carried out by appointment in person with the Wills Service (at the DIFC Courts Wills Service or an alternative authorised location) or via the Virtual Registry.
If you require assistance in choosing which type of Will is right for you, please consult the Wills section on the Wills Service website. Here you will find a summary of the key features of each type of Will that you can register. If you would like more information to help you decide which DIFC Will is right for you or have any queries in relation to the decision making process, please contact the Wills Service either by phone, email or using the enquiry form provided.
In accordance with the Rules, an individual may prepare their own Will or, if suitable, use one of the Wills Services’ Portals to complete a Property Will, Business Owners Will or Financial Assets Will.
When preparing any Will we do strongly advise that you seek advice from a legal practitioner registered on the Wills Service Register of Will Draftsmen.
The Wills Service is a public government body and is not in the position to provide any legal advice or assist you in preparing your Will on your behalf. An individual wishing to register a Will should prepare the Will (either by themselves, by a legal practitioner registered on the Register of Will Draftsmen or by utilizing the Wills Service Property Will Portal, Business Owners Will Portal or Financial Assets Will Portal) and then attend an appointment at the Wills Service to register the Will at the Registry in person (all Wills) or via the Virtual Registry (Property Wills, Business Owners Wills and Financial Assets Wills).
If you wish to appoint a legal practitioner, you must appoint a legal practitioner registered on the Register of Will Draftsmen to assist you in preparing your Will and if necessary provide you with associated advice.
The Register of Will Draftsmen can be viewed by clicking here.
The Will Service works closely with all legal practitioners listed on the Register of Will Draftsmen and is not in a position to recommend the services of one lawyer over another. The level of charges does vary between those legal practitioners listed on the Register of Will Draftsmen and we would recommend that you research those listed in order to make a decision as to who you wish to appoint.
There are two stages to making a Will:
Preparing the Will
Registering the Will
In accordance with the Rules, you may prepare your own Will and then register that Will. Alternatively, you may appoint a legal practitioner to prepare your Will and then register that Will, with or without their assistance.
The Rules contain a series of minimum requirements that a Will must contain and Wills that do not meet with these minimum requirements are not registrable.
Your Will does represent an extremely valuable and important legal document and you are strongly advised to consider taking legal advice in its preparation. The Wills Service maintains a Register of Will Draftsmen containing a list of qualified legal representatives who are approved to prepare Wills for registration.
The Property Will, Business Owners Will and Financial Assets Will must be prepared using one of the Wills Service Portals. These types of Wills can be completed without the assistance of a legal practitioner. However, we strongly advise that you consider taking legal advice from a legal practitioner registered on the Register of Will Draftsmen to ensure these types of Wills are the appropriate forms of Will to achieve your objectives.
To view the Register of Will Draftsmen please click here.
To complete the registration of your Will you must make an appointment to register your Will. Your appointment to register your Will is made with the Wills Service where the pre-registration checks are carried out and once this has taken place your Will is registered at the Registry.
The pre-registration checks for Full Wills and Guardianship Wills must be carried out by appointment in person with the Wills Service (at the DIFC Wills Service Centre or an authorized location).
The pre-registration checks for Property Wills, Business Owners Wills and Financial Assets Wills can be carried out by appointment in person with the Wills Service (at the DIFC Wills Service Centre or an authorized location) or via the Virtual Registry.
The cost of registering a Will (either in person or via the Virtual Registry) differs depending on the type of Will that you are making. To see a schedule setting out the fees charged by the Wills Service in relation to the registration and probate of DIFC Wills please click here.
Please note that the fees of the Wills Service are not connected with any fee that may be charged by a legal practitioner and all registration fees are payable directly to the Wills Service.
The fees associated with the Probate process are fixed and a full list of the current fees can be viewed here.
The Wills Service fees are all administrative fees and are stated in United Arab Emirates Dirham (AED) and are subject to VAT at a rate of 5%. Payments may be made by using the Wills Service payment facility or alternatively by registering with the Wills Service credit facility. Payments can also be made in person. You can pay the whole fee online when booking the appointment, or you can pay the deposit online when booking the appointment and pay the remaining fee at time of registration by using either credit card, cash or cheque. Please note that deposit fees are non-refundable.
In accordance with the Value Added Tax (VAT) Law – Federal Decree-Law No. (8) of 2017 and the Executive Regulations published by the United Arab Emirates (UAE) Federal Tax Authority (FTA), a 5% VAT fee will be applied to all of the fees charged by the Wills Service with effect from and including January 1, 2018.
All DIFC Courts Wills are registered at the Registry with all pre-registration checks carried out by the Wills Service.
If registering your Will in person you must book an appointment with the Wills Service (at the DIFC Courts Wills Service at Level 3, Precinct Building 5 (South), Gate District, Dubai International Financial Centre, Dubai, United Arab Emirates Centre or an alternative authorised location). All appointments for the Wills Service are made online using the Wills Service online booking system which can be accessed through the DIFC Courts website.
The pre-registration checks for Full Wills and Guardianship Wills must be carried out by appointment in person with the Wills Service (at the DIFC Courts Wills Service or an alternative authorised location).
Property Wills, Free Zone Company Wills and Financial Assets Wills must be completed using the respective Portals provided through the DIFC Courts website and the pre-registration checks for these types of Wills can be carried out by appointment in person with the Wills Service (at the DIFC Courts Wills Service or an alternative authorised location) or via the Virtual Registry.
The Virtual Registry has been designed for investors and former residents that reside overseas and own assets situated in the UAE that they wish to protect by registering a Property Will, Free Zone Company Will or Financial Assets Will.
For further information on the Virtual Registry please see below.
Your appointment with the DIFC Wills Service should take approximately 45 minutes to 1 hour.
All appointments and payments to register a Will (whether in person or via the Virtual Registry) are made using the Wills Service online appointment system (accessed from the Wills Service website or the Portal used to prepare your Property Will, Business Owners Will or Financial Assets Will). Through this online system you can choose a date and time that is convenient for you.
If you are travelling to the UAE specifically to attend at the Wills Service, you can utilize the Wills Service online appointment system to plan ahead and choose a future date and time that fits with your travel arrangements.
If you reside outside of the UAE and wish to register a Property Will, Business Owners Will or Financial Assets Will then it may be more convenient for your appointment to take place via the Virtual Registry. For more information on registering your Will via the Virtual Registry please see below.
If you wish to register a Full Will or Guardianship Will then you must make an appointment at the Wills Service and attend in person. You cannot use the Virtual Registry.
All DIFC Courts Wills are registered at the Registry with all pre-registration checks carried out by the Wills Service.
The pre-registration checks for Full Wills and Guardianship Wills must be carried out by appointment in person with the Wills Service (at the DIFC Courts Wills Service or an alternative authorised location).
Property Wills, Free Zone Company Wills and Financial Assets Wills must be completed using the respective Portals provided through the Wills Service website and the pre-registration checks for these types of Wills can be carried out by appointment in person with the Wills Service (at the DIFC Courts Wills Service or an alternative authorised location) or via the Virtual Registry.
The Virtual Registry has been designed for investors and former residents that reside overseas and own assets situated in the UAE that they wish to protect by registering a Property Will, Free Zone Company Will or Financial Assets Will.
If you are attending an appointment at the Wills Service (whether at the DIFC Courts Wills Service or an alternative authorised location) you must attend and bring along one witness.
If you have appointed a legal practitioner registered on the Register of Will Draftsmen to prepare your Will on your behalf, you are welcome to have them present at your appointment at the Wills Service. Your appointed legal practitioner may also act as your witness when signing your Will during the appointment.
It is not necessary for any other individual to attend with you and your executors and beneficiaries should not attend. This measure is put in place to reduce the risk of challenges to the Will at the time of probate, on grounds such as undue influence.
We do not require the presence of your appointed guardians at your appointment. However, we do require original and dated signed witness statements from your appointed guardians confirming their acceptance of the appointment under your Will.
A template of the Witness Statement can be viewed here.
You will need to bring two witnesses who are not named as a beneficiary or guardian (or spouse of the beneficiary of guardian) in the Will. Your executor may act as your witness if they are eligible.
Your witnesses must be over the age of 21 years and they must bring their photographic ID when attending the appointment.
If you have appointed a legal practitioner to prepare your Will and they are attending the appointing with you then they may act as your witness when signing your Will during the appointment.
Unless they are your spouse and you are both executing mirror wills, your beneficiaries should not attend your registration appointment.
The extent of your Will will depend on the type of Will that you wish to prepare and register.
Full Will – this Will covers the distribution of your assets in the UAE and the appointment of Interim and Permanent guardians of your minor children (if applicable).
Guardianship Will – this Will covers the appointment of interim and permanent guardians of your minor children who are resident in the UAE.
Property Will – this Will covers up to five real estate properties only and must be completed using the Property Will Portal (online Will service).
Business Owners Will – this Will covers up to five shareholdings in free zone and UAE onshore companies (including RAKICC) only and must be completed using the Business Owners Will Portal (online Will service).
Financial Assets Will – covers up to ten bank and/or brokerage accounts registered at a branch that is situated in the UAE and must be completed using the Financial Assets Will Portal (online Will service).
A Full Will registered at the Registry may include assets within the UAE as well as outside of the UAE. If the jurisdiction of the Full Will is extended beyond the UAE, the Testator is urged to seek the necessary and appropriate legal advice to ensure whether or not a DIFC Courts Will could be enforced in the desired jurisdiction outside of the UAE.
Your spouse can register a Will at the same time as you, and this would be done at a joint appointment at the Wills Service. The two Wills that are executed are commonly referred to as ‘Mirror Wills’. This means that you each have your own separate Will.
You do not need to be a resident of the UAE to register a Will at the Registry. Any eligible individual (i.e. a non-Muslim that is over the age of 21 years of age) with assets in the UAE and/or minor children living with them in the UAE may register a Will, even if they do not reside in the UAE.
There is no requirement under the Rules for executors and/or guardians appointed in your Will to be residents of the UAE.
It will be the case that your previously drafted (and/or notarized) Will does not comply with the Rules as it has been drafted in accordance with another regime and/or jurisdictional laws. It would most certainly need to be re-drafted and a new Will would be required to subject your Will to the Rules and the exclusive jurisdiction of the DIFC Courts.
We strongly advise that you seek legal advice from a legal practitioner registered on the Register of Will Draftsmen if you require assistance in re-drafting your existing Will.
There is no restriction on you making another Will in another country after you have registered a Will at the Registry. However, you are strongly advised to take legal advice on the drafting of that other Will, as it could invalidate your Will registered with the Registry, if that other Will is not correctly drafted to achieve your overall objectives. Likewise, if you already have another Will in another country, then you are strongly advised to take legal advice to ascertain the likely impact, if any, of your Will registered with the Registry on that other Will.
Once you have registered your Will at the Registry, circumstances may necessitate a modification to your Will, such as:
When preparing a Full Will, you are encouraged to draft your Will in a way so that it covers the assets that you would expect to hold in the UAE as at the date of your death to avoid the need to amend the Will each time that you sell or acquire a new asset. We would strongly advise that you seek legal advice from a legal practitioner registered on the Register of Will Draftsmen to ensure that your Will is drafted in this way and to ensure that you can be advised on how your Will may be impacted in the event of a change of circumstances.
A Property Will, Business Owners Will or Financial Assets Will can only cover the specific assets that are listed in the Will at the time at which your Will is registered. If you acquire an asset that you wish to protect though one of these types of Will then you must modify your existing Will by preparing and registering a new one to ensure that all of the assets that you wish to cover are listed in the Will.
The fees charged by the Wills Service for modifying an existing Will can be viewed here.
hereA modification of a Will registered with the Registry largely follows the initial procedures carried out at the Wills Service for registering a Will and any update to a Will is considered to be a new Will. The Wills Service does not operate a system of amending existing registered Wills and you are not able to register any codicils to a Will.
For a list of the fees charged by the Wills Service for modifying a Will please click here.
Changing your address or the personal details of individuals named in your Will does not necessitate a modification of your Will and these will be considered by the Wills Service as administrative changes to an existing case file. Such changes however should be communicated to the Wills Service as soon as is practicable allowing the Wills Service to update the file. This will avoid any delays or hindrances for your executor(s) when you pass away.
The Rules operate to make automatic changes to your Will in the event of marriage or divorce after your Will has been registered. A subsequent marriage invalidates your Will in its entirety. You would therefore need to consider making a new Will or make other arrangements to reflect your changed circumstances in accordance with the Rules. A subsequent divorce invalidates the gift (not the entire Will) you made to your now ex-spouse. Again, you would need to consider making a new Will or make other arrangements to reflect your changed circumstances.
The DIFC Courts Wills Service Property Will Portal is a facility that enables you to complete and submit for registration a DIFC Will that specifically covers up to five (5) real estate properties (or a share in any such five (5) properties) that you may own in the UAE.
Your appointment to register your Property Will is made with the Wills Service and once this has taken place, your Property Will is registered at the Registry. The requirements are that:
Your Property Will must be completed and submitted using the Property Will Portal. The pre-registration checks must be carried out by appointment in person with the Wills Service (at the DIFC Courts Wills Service or an alternative authorised location) or via the Virtual Registry.
A list of the fees charged by the Wills Service in relation to the registration of a Property Will can be viewed here.
To register a Property Will, you must be non-Muslim, over 21 years of age and the Property Will must be limited to real estate property situated in the UAE.
The maximum number of properties listed in a registrable Property Will is five (5) at any one time. If you own more than five (5) properties, then you would need to draft and register an alternative type of Will offered by the Wills Service. If you wish to pass on any other assets owned by you to nominated beneficiaries then again, this can only be achieved through a different type of Will offered by the Wills Service.
Stage 1 – Completion of your Property Will:
The first step is to visit the Property Will Portal, sign up to obtain your individual login and follow the instructions provided. You will be asked to read a small amount of information before completing a number of steps to create your Property Will. Once completed, you will be able to view a copy of your Property Will in PDF printable format and be prompted to submit your Financial Assets Will and supporting information/documents to the Wills Service.
You may log in and out of the Property Will Portal to complete your Property Will in your own time and you are not required to complete your Property Will during your first login session.
Stage 2 – Registration of your Property Will:
The second step is to register your Property Will. To complete the registration process you must make an appointment to register your Property Will. Your appointment to register your Property Will is made with the Wills Service where the pre-registration checks will be carried out and once this has taken place, your Property Will is registered at the Registry. The pre-registration checks must be carried out by appointment in person with the Wills Service (at the DIFC Wills Service Centre or an alternative authorized location) or via the Virtual Registry. The Property Will Portal will guide you through this process once you have completed the required steps in full.
All appointments and payments to register a Property Will are made using the Wills Service online system.
For more information about the registration process and the options available to you to register your Property Will, please visit the Registration Process section on the Wills Service website.
You will need to know/consider the following before completing your Property Will:
–Property
The identity (plot number, address etc.) of your real estate property that you personally own in the UAE. Remember that property that you have not yet acquired in the UAE and property outside of the UAE cannot be included.
–Executors
An executor is the individual responsible for administering your property specifically listed in your Property Will in the event of your death. You will need to consider who to appoint to act in this role (referred to in your Property Will as your ‘First Executor’). You should also appoint a substitute executor (referred to in your Property Will as your ‘Second Executor’) to act in this role as a replacement.
Your executors do not need to be residents of the UAE. They should be persons whom you trust to administer your property and distribute your interests in them to your chosen beneficiaries as specified by you in your Property Will.
–Beneficiaries
A beneficiary is an individual who will inherit your property as listed in your Property Will in the event of your death. You will need to consider who you wish to receive your property and the shares that you would like each beneficiary to receive. For each first beneficiary that receives a share, you can nominate further beneficiaries (known as substitute beneficiaries) to inherit that particular share if your first named beneficiary is not able to receive their share. Your beneficiaries and substitute beneficiaries do not need to be residents of the UAE to inherit under the terms of your Property Will.
Please note that in line with the Rules, you can appoint either natural persons (individuals) or legal persons (companies) to be your beneficiaries or substitute beneficiaries under the terms of your Property Will. However, you cannot appoint animals as beneficiaries.
In the event that you choose to nominate a company, or a charity, or a foundation as beneficiary or substitute beneficiary, you will need to produce a copy of the license of this registered entity to the Wills Service prior to registering your Property Will.
–Witnesses
When completing your Property Will using the Property Will Portal you will be asked to complete the full details of one individual over the age of 21 years that is to act as your witness to your Property Will when the pre-registration checks are carried out by appointment in person with the Wills Service (at the DIFC Courts Wills Service or an alternative authorised location) or via the Virtual Registry. This information is required regardless of whether your appointment is taking place at the Wills Service in person or via the Virtual Registry. Please ensure that you have their full personal and contact details to hand, and you will also need to upload a copy of their passport to the Property Will Portal before arranging an appointment at the Wills Service. Your witness should not be a beneficiary or substitute beneficiary named in your Property Will.
Please remember that you may log in and out of the Property Will Portal to complete your Property Will in your own time and obtain the required information and documents.
Your Property Will represents an extremely valuable and important legal document and you are strongly advised to consider taking legal advice in its preparation and indeed any Will to be registered at the Registry. Should you wish to engage a qualified legal representative to complete a Property Will on your behalf please refer to the Register of Will Draftsmen for a list of qualified legal representatives. In particular, if any of the following circumstances apply to you, we strongly advise taking legal advice from a qualified legal representative as the Property Will would not or may not be the appropriate form of will to achieve your objectives:
– I own a variety of moveable and immoveable assets in the UAE
– I own more than five properties in the UAE that I would like to protect in the event of my death
– My properties situated in the UAE have or may have limitations on them as to how I can dispose of them in the event of my death
– I have significant debts in the UAE
– I need to appoint guardians of my children who are under 21 years of age
– My family structure is particularly complex
– The distribution of my property in the UAE is likely to be complex
– It is my intention not to distribute my property situated in the UAE to my spouse and/or one of my dependents
– I have one or more dependents that are under a legal disability or incapacitated
– The succession laws of my home country are complex and they require me to give certain shares of my estates to specific heirs or family dependents – I do not know how to comply with them.
Please note here that in your home country you may be required by law to give certain shares of your estate to specific heirs, or family dependents. We recommend you seek legal advice from a qualified legal representative to comply with those laws when making gifts to beneficiaries in a Property Will, to allow compliance with that law and reduce the risk of challenge to your Will later on by beneficiaries or heirs.
To complete the registration of your Property Will you must make an appointment to register your Will. Your appointment to register your Property Will is made with the Wills Service where the pre-registration checks are carried out and once this has taken place your Will is registered at the Registry.
The pre-registration checks for your Property Will must be carried out by appointment in person with the Wills Service (at the DIFC Wills Service Centre or an alternative location) or via the Virtual Registry. The Property Will Portal will guide you through the process of booking a registration appointment once you have completed the required steps in full.
If you choose to register your Property Will in person, you must attend at the Wills Service (at the DIFC Wills Service Centre or an alternative location) and you must bring along one witness. Your executors and beneficiaries should not attend. The appointment will last approximately 45 minutes.
If you reside overseas (outside of the UAE) and choose to register your Property Will via the Virtual Registry, you will be asked to submit your Property Will to a Compliance Officer at the Wills Service for review once you have completed the required steps in full. Once approved, the Compliance Officer will contact you and you will be requested to book an appointment at the Virtual Registry using the online booking system. Once you have booked a registration appointment at the Virtual Registry, at the time of the appointment you should login in to the Property Will Portal and follow the links provided to connect with the Compliance Officer. A URL link will also be sent to you in the event that you are not able to access the links using the Property Will Portal. Once you have chosen to book a Virtual Registry appointment detailed instructions will be sent to you so that you are fully prepared for your appointment.
The Property Will Portal will provide you with a list of the supporting information and documents that you will need to upload when registering your Property Will either in person or via the Virtual Registry. This will include uploading a copy of your valid passport and Emirates ID (if applicable) together with a copy of the valid passport of your chosen witness. You are not able to complete all of the required steps and produce your PDF printable Property Will until these documents have been uploaded.
You should also provide copies of any Title Deeds or other proof of ownership documents that you have for each of the properties that you wish to include in your Property Will. If you currently do not hold a title deed for a specific property, you may have been provided with other documents by the authorities, such as an ‘uqud’ or a ‘transfer of freehold ownership certificate (TFO)’.
All your properties in the Emirate of the UAE may be included in the Property Will, also properties you own in the free zones of the UAE, subject to the overall limit of five (5) properties at any one time.
Explanatory notes are available and visible throughout each step of the Property Will Portal to assist you in completing your Property Will. You should read these when using the Property Will Portal to complete your Property Will. Furthermore, if you chose to engage the services of a qualified legal representative please note that that they must be registered with the Wills Service and listed on the Register of Will Draftsmen.
The Wills Service is not in the position to provide any legal advice or assist you in preparing your Property Will and the explanatory notes issued by the Wills Service do not constitute legal advice in relation to the preparation of the Property Will (or any other Will to be submitted to the Registry for registration). If you have any queries in relation to this matter, please contact the Wills Service by phone on +971 (0) 4 404 88 88 or by email on WillsInfo@difccourts.ae.
A Property Will can only include property (or a share of a property) situated in the UAE that you personally own and specifically list in the Will. If you purchase or acquire property after registering your Property Will, you must modify your existing Property Will by preparing and registering a new Property Will, to ensure that your Property Will covers all your property. The fee for registering a new Property Will in these circumstances is AED 550 and a list of the current fees charged by the Wills Service associated with modifying a Property Will can be viewed here.
If you wish to change any part of your Property Will after it has been registered, you must complete and register (and sign) a new Property Will using the Property Will Portal. The fee for registering a new Property Will in these circumstances is AED 550 and a list of the current fees charged by the Wills Service associated with modifying a Property Will can be viewed here.
You can appoint both temporary/interim and permanent guardians in your Guardianship Will or Full Will and we would encourage you to do so if you have minor children that are residing with you in the UAE.
Please note that guardians of your minor children cannot be appointed in a Property Will, Business Owners Will or a Financial Assets Will.
An interim (or ‘temporary’) guardian is an individual that is appointed to take care of your child or children temporarily before your appointed permanent guardians take responsibility for them.
A permanent guardian is an individual that is appointed to take care of your child or children permanently or long term.
Whilst the power to appoint guardians of your minor children is put firmly in your hands, you will need to ensure that your nominated guardians meet the eligibility requirements of the Rules and their appointment does not contravene UAE public policy. Should you require assistance in choosing your appointed guardians, we would encourage you to seek legal advice from a legal practitioner listed on the Register of Will Draftsmen to aid you in your decision.
In the event of your death, your executor should contact the DIFC Courts without delay where they will be guided through the Probate process.
For further information on the Probate process please visit the Probate section of the Wills Service website.
In accordance with the Rules, certain information and documents are required from your executor before they can submit an application for a Grant of Probate. Once the DIFC Courts in possession of this information, it is then reviewed by a Judge. If the case is straightforward, a Grant of Probate is normally issued within a matter of a few weeks.
Your executor may personally wish to handle all aspects for applying for a grant of probate and the Rules allow for an executor to act in their personal capacity and make the required applications and deal with the subsequent administration of your estate. Alternatively, a legal practitioner (governed by the Rules) may be appointed directly by your executor to assist in all aspects of the administration.
The fees associated with the Probate process are fixed and a full list of the current fees can be viewed here.
If you are appointed as an executor of an estate under the terms of a registered Will you should contact the DIFC Courts without delay where you will be guided through the probate process. You may wish to seek legal advice and assistance from a qualified legal representative in doing so.
The DIFC Courts Wills Service Business Owners Will Portal is an online facility that enables eligible persons to complete and submit for registration a DIFC Courts Will that specifically covers up to five (5) separate shareholdings that you own in any free zone and UAE onshore company (including RAKICC registered companies) situated in the UAE.
The company in which your shares are held must be incorporated in the UAE and established in accordance with UAE Federal Law.
Your appointment to register your Business Owners Will is made with the Wills Service and once this has taken place, your Business Owners Will is registered at the Registry. The requirements are that:
Your Business Owners Will must be completed and submitted using the Business Owners Will Portal. The pre-registration checks must be carried out by appointment in person with the Wills Service (at the DIFC Courts Wills Service or an alternative authorised location) of via the Virtual Registry.
A list of the fees charged by the Wills Service in relation to the registration of a Business Owners Will can be viewed here.
To register a Business Owners Will, you must be non-Muslim, over 21 years of age and the Business Owners Will must be limited to shareholdings that you own in any free zone and UAE onshore company (including RAKICC registered companies) situated in the UAE.
The maximum number of separate shareholdings that you can list in a Business Owners Will is five (5) at any one time. If you own more than five (5) shareholdings, then you would need to draft and register an alternative type of DIFC Courts Will offered by the Wills Service. If you wish to pass on other assets owned by you that are situated in the UAE (other than shares that you own in any free zone and UAE onshore company (including RAKICC registered companies) to nominated beneficiaries then again, this can only be achieved through a different type of DIFC Courts Will offered by the Wills Service.
Stage 1 – Completion of your Business Owners Will:
The first step is to visit the Business Owners Will Portal, sign up to obtain your individual login credentials and follow the instructions provided. You will be asked to read a small amount of information before completing your Business Owners Will. Once completed, you will be able to view a copy of your Business Owners Will in PDF printable format and be promoted to submit your Financial Assets Will and supporting information/documents to the Wills Service.
You may log in and out of the Business Owners Will Portal to complete your Business Owners Will in your own time and you are not required to complete your Business Owners Will during your first login session.
Stage 2 – Registration of your Business Owners Will:
The second step is to register your Business Owners Will. To complete the registration process you must make an appointment to register your Business Owners Will. Your appointment to register your Business Owners Will is made with the Wills Service where the pre-registration checks will be carried out and once this has taken place, your Business Owners Will is registered at the Registry. The pre-registration checks must be carried out by appointment in person with the Wills Service (at the DIFC Wills Service Centre or an alternative authorized location) or the Virtual Registry. The Business Owners Will Portal will guide you through this process once you have completed the required steps in full. All appointments and payments to register a Business Owners Will are made using the Wills Service online system.
For more information about the registration process and the options available to you to register your Business Owners Will, please visit the Registration Process section on the Will Service website.
You will need to know/consider the following before completing your Business Owners Will:
-Shareholdings
The identity (company name, company registration number, registering authority etc.) of your shareholdings that you personally own in the UAE.
Remember that shareholdings that are not registered shares in a free zone or UAE onshore company (including RAKICC registered companies) incorporated in the UAE and established in accordance with UAE Federal Law, or shares of this nature that you have not yet acquired, or any shareholdings outside the UAE, cannot be included in your Business Owners Will.
You should ensure that the shareholdings that you wish to specifically list in your Business Owners Will are legally owned by you and your ownership is documented by way of a Share Certificate or other proof of ownership document. You should also ensure that you are free to dispose of the shares in the event of your death, and that they are not encumbered by any legal limitations that may affect the way in which you can deal with them. If you are unsure as to whether your shares can be disposed of through a Business Owners Will (or any other DIFC Courts Will) we strongly advise that you consider taking legal advice in its preparation from a qualified legal representative listed on the Register of Will Draftsmen.
–Executors
An executor is the individual responsible for administering your shareholdings specifically listed in your Business Owners Will in the event of your death. You will need to consider who to appoint to act in this role (referred to in your Business Owners Will as your ‘First Executor’). You should also appoint a substitute executor (referred to in your Business Owners Will as your ‘Second Executor’) to act in this role as a replacement.
Your executors do not need to be residents of the UAE. They should be persons whom you trust to administer your property and distribute your interests in them to your chosen beneficiaries as specified by you in your Business Owners Will.
–Beneficiaries
A beneficiary is an individual who will inherit your shareholdings as listed in your Business Owners Will in the event of your death. You will need to consider who you wish to receive your shareholdings and the shares that you would like each beneficiary to receive. For each first beneficiary that receives a share, you can nominate further beneficiaries (known as substitute beneficiaries) to inherit that particular share if your first named beneficiary is not able to receive their share. Your beneficiaries and substitute beneficiaries do not need to be residents of the UAE to inherit under the terms of your Business Owners Will.
Please note that in line with the Rules, you can appoint either natural persons (individuals) or legal persons (companies) to be your beneficiaries or substitute beneficiaries under the terms of your Business Owners Will. However, you cannot appoint animals as beneficiaries.
In the event that you choose to nominate a company, or a charity, or a foundation as beneficiary or substitute beneficiary, you will need to produce a copy of the license of this registered entity to the Registry prior to registering your Business Owners Will.
–Witnesses
When completing your Business Owners Will using the Business Owners Will Portal you will be asked to complete the full details of one individual over the age of 21 years that is to act as your witness to your Business Owners Will when the pre-registration checks are carried out by appointment in person with the Wills Service (at the DIFC Courts Wills Service or an alternative authorized location) or via the Virtual Registry.
This information is required regardless of whether your appointment is taking place at the Wills Service in person or via the Virtual Registry. Please ensure that you have their full personal and contact details to hand and you will also need to upload a copy of their passport to the Business Owners Will Portal before arranging an appointment at the Wills Service. Your witness should not be a beneficiary or substitute beneficiary named in your Business Owners Will.
Please remember that you may log in and out of the Business Owners Will Portal to complete your Business Owners Will in your own time and obtain the required information and documents.
Your Business Owners Will represents an extremely valuable and important legal document and you are strongly advised to consider taking legal advice in its preparation and indeed any Will to be registered at the Registry. Should you wish to engage a qualified legal representative to complete a Business Owners Will on your behalf please refer to the Register of Will Draftsmen for a list of qualified legal representatives. In particular, if any of the following circumstances apply to you, we strongly advise taking legal advice from a qualified legal representative as the Business Owners Will would not or may not be the appropriate form of Will to achieve your objectives:
– I own a variety of moveable and immoveable assets in the UAE
– I own more than five (5) separate shareholdings in free zone/UAE onshore companies situated in the UAE
– I own shareholdings in companies other than free zone/UAE onshore companies situated in the UAE
– My shareholdings that I own in free zone and/or UAE onshore companies situated in the UAE have or may have limitations on them as to how I can dispose of them in the event of my death
– My shareholdings that I own in free zone and/or UAE onshore companies situated in the UAE have or may have additional agreements in place that may affect the way in which they can be disposed of or the way in which I wish them to be disposed of in the event of my death
– I have significant debts in the UAE
– I need to appoint guardians of my children who are under 21 years of age
– My family structure is particularly complex
– The distribution of my shareholdings in free zone/RAKICC registered companies situated in the UAE are likely to be complex
– It is my intention not to distribute my shareholdings to my spouse and/or one of my dependents
– I have one or more dependents that are under a legal disability or incapacitated
– The succession laws of my home country are complex and they require me to give certain shares of my estate to specific heirs or family dependents – I do not know how to comply with these laws.
Please note here that in your home country you may be required by law to give certain shares of your estate to specific heirs, or family dependents. We recommend you seek legal advice from a qualified legal representative to comply with those laws when making gifts to beneficiaries in a Business Owners Will, to allow compliance with that law and reduce the risk of challenge to your Will later on by beneficiaries or heirs.
To complete the registration of your Business Owners Will you must make an appointment to register your Will. Your appointment to register your Business Owners Will is made with the Wills Service where the pre-registration checks are carried out and once this has taken place your Will is registered at the Registry.
The pre-registration checks for your Business Owners Will must be carried out by appointment in person with the Wills Service (at the DIFC Wills Service Centre or an alternative location) or via the Virtual Registry. The Business Owners Will Portal will guide you through the process of booking a registration appointment once you have completed the required steps in full.
If you choose to register your Business Owners Will in person, you must attend at the Wills Service (at the DIFC Wills Service Centre or an alternative location) and you must bring along one witness. Your executors and beneficiaries should not attend. The appointment will last approximately 45 minutes.
If you reside overseas (outside of the UAE) and choose to register your Business Owners Will via the Virtual Registry, you will be asked to submit your Business Owners Will to a Compliance Officer at the Wills Service for review once you have completed the required steps in full. Once approved, the Compliance Officer will contact you and you will be requested to book an appointment at the Virtual Registry using the online booking system. Once you have booked a registration appointment at the Virtual Registry, at the time of the appointment you should login in to the Business Owners Will Portal and follow the links provided to connect with the Compliance Officer. A URL link will also be sent to you in the event that you are not able to access the links using the Business Owners Will Portal. Once you have chosen to book a Virtual Registry appointment detailed instructions will be sent to you so that you are fully prepared for your appointment.
The Business Owners Will Portal will provide you with a list of the supporting information and documents that you will need to upload when registering your Business Owners Will either in person or via the Virtual Registry. This will include uploading a copy of your valid passport and Emirates ID (if applicable) together with a copy of the valid passport of your chosen witness. You are not able to complete all of the required steps and produce your PDF printable Business Owners Will until these documents have been uploaded.
You should also provide copies of any Share Certificates or other proof of ownership documents that you have for each of the shareholdings that you wish to include in your Business Owners Will.
Explanatory notes are available and visible throughout each step of the Business Owners Will Portal to assist you in completing your Business Owners Will. You should read these when using the Business Owners Will Portal to complete your Business Owners Will. Furthermore, if you chose to engage the services of a qualified legal representative please note that that they must be registered with the Registry and listed on the Register of Will Draftsmen.
The Wills Service is not in the position to provide any legal advice or assist you in preparing your Business Owners Will and the explanatory notes issued by the Wills Service do not constitute legal advice in relation to the preparation of the Business Owners Will (or any other Will to be submitted to the Registry for registration). If you have any queries in relation to this matter, please contact the Wills Service by phone on +971 (0) 4 404 88 88 or by email on WillsInfo@difccourts.ae.
A Business Owners Will can only include up to five (5) separate shareholdings that you own in any free zone or UAE onshore company (including RAKICC registered companies) incorporated in the UAE and established in accordance with UAE Federal Law. You must specifically list any such shareholdings in your Business Owners Will.
If you purchase or acquire additional shareholdings (that are eligible) after registering your Business Owners Will, you must modify you existing Business Owners Will by preparing and registering a new Business Owners Will, to ensure that your Business Owners Will covers your interests. The fee for registering a new Business Owners Will in these circumstances is AED 550 and a list of the current fees charged by the Wills Service associated with modifying a Business Owners Will can be viewed here.
If you wish to change any part of your Business Owners Will after it has been registered, you must complete and register (and sign) a new Business Owners Will using the Business Owners Will Portal. The fee for registering a new Business Owners Will in these circumstances is AED 550 and a list of the current fees charged by the Wills Service associated with modifying a Business Owners Will can be viewed here.
A Free Zone Company Will includes up to five (5) separate shareholdings that you own in any free zone or RAKICC registered company. In the event that you purchase, acquire or wish to add any UAE onshore company shareholding to your Free Zone Company Will once it is registered, the you must modify your existing Free Zone Company Will and prepare a new Business Owners Will to cover the interests that you would like to protect. This is also the case if you wish to update or modify your Free Zone Company Will in any way. The fee for registering a new Business Owners Will in these circumstances is AED 550 and a list of the current fees charged by the Wills Service associated with this can be viewed here.
The Virtual Registry can be used when registering Property Wills, Business Owners Wills and Financial Assets Wills. These Wills must be completed and submitted using the respective Portals provided through the Wills Service website.
Full Wills and Guardianship Wills cannot be registered using the Virtual Registry. These types of Wills must be registered by attendance in person at the Wills Service (at the DIFC Wills Service Centre or an alternative authorized location).
The Virtual Registry has been designed for investors and former residents that reside overseas and own assets situated in the UAE that they wish to protect by registering a Property Will, Business Owners Will or a Financial Assets Will.
Individuals wishing to register a Will and who primarily reside within the UAE must attend at the Wills Service (at the DIFC Courts Wills Service or an alternative authorised location) to register their Wills. Registrations for those whose principal residence is the UAE cannot use this service.
When you have completed your online Will template you will be given the option to either book an appointment to physically attend at the Wills Service or start the process of booking your appointment at the Virtual Registry. If you choose to book an appointment at the Virtual Registry, you will be asked to submit your Will to a Compliance Officer for review. Once approved, the Compliance Officer will contact you and you will be requested to book a registration appointment at the Virtual Registry using the online booking system.
When completing your online Will template you will be asked to provide the following copy documents so these can be reviewed prior to your Virtual Registry appointment:
You and your witness will need your original identification documents during your Virtual Registry appointment.
To successfully complete your Virtual Registry appointment you must have access to one device that allows you to connect to a Registration Officer virtually (e.g. laptop, tablet) and one other device that is touch enabled (e.g. tablet, mobile phone). The first device will allow you to view and speak with the Compliance Officer during the appointment. The second device will allow you (and your witness) to electronically sign your Will.
If you are concerned about the security of any of your devices and other individuals gaining access to your documents or information you should use an alternative device and take extra security steps to protect your privacy.
You will need to have one witness in attendance at the Virtual Registry. Your witness should be over the age of 21 years, and not named as a beneficiary in the Will or be the spouse of any beneficiary. Your executor may act as your witness if they are eligible. Your witness must have photographic ID with them during the Virtual Registry appointment and this should be the same as submitted at the time of appointment – alternative IDs will not be accepted at the time of registration. It is a mandatory requirement that your ID documents and those of your witness are presented to the Wills Service at the time of registration for verification purposes.
Once you have booked a registration appointment at the Virtual Registry, at the time of the appointment you should login in to the portal and follow the links provided to connect with the Compliance Officer. A URL link will also be sent to you in the event that you are not able to access the links using the portal.
The Compliance Officer will verify your passport and Emirates ID (if applicable) and review the terms of the Will. The Compliance Officer will also ask a series of questions to ensure that all other formalities are met. The Compliance Officer will then send a link to you by email to enable you and your witness to electronically sign your Will. The Compliance Officer will act as the second witness.
Once you have chosen to book a Virtual Registry appointment detailed instructions will be sent to you so that you are fully prepared for your appointment.
You will need to be present yourself at your Virtual Registry appointment to register your Will and one witness must also be present with you during the appointment.
You are not able to register a Will using the Virtual Registry if any other individuals are present at the time of your appointment. You must ensure that no other individuals are present at the appointment or in the surrounding area, space or room that you are using to connect to a Compliance Officer at any time during your appointment. The Compliance Officer will discuss this with you during your appointment and this measure is put in place to reduce the risk of potential challenges to your Will in the event of your death and at the time of probate.
Once you have completed your Virtual Registry appointment and your Will is registered, a link will be sent to you by email where you can download and print a copy of your signed Will. Please note that this link can only be used once. If you do not download your Will using this link certified copies can be requested from the Wills Service following payment of the appropriate fee plus postage and packaging. Please refer to the Fees section for a list of the current fees charged by the Wills Service.
FREE serviceOnce your Will is registered we encourage you to have your ID documents that you presented to the Compliance Officer during the Virtual Registry appointment verified within 30 days of the date of registration at an overseas identity verification office operated by VFS Global. This is a FREE service.
Locations of the offices offering this service can be accessed following the link above.
Once you have registered your Will, circumstances may necessitate a modification to your Will. A modification of a Property Will, Business Owners Will or a Financial Assets Will follows the same procedure for creating a Will and an appointment to register the modified Will can be made at the Wills Service or via the Virtual Registry. Please refer to the Fees section for a list of the current fees charged by the Wills Service for modifying a Will.
The DIFC Courts Wills Service Financial Assets Will Portal is an online facility that enables you to complete and submit for registration a DIFC Courts Will that specifically covers up to ten (10) bank and/or brokerage accounts.
Your Financial Assets Will can encompass up to ten (10) separate bank and/or brokerage accounts that are registered in your sole name or joint name, and legally held with a bank or brokerage firm whereby the branch at which such accounts are registered is situated in the UAE.
Each bank account must be registered with a financial institution that is regulated as a bank by the Central Bank of the United Arab Emirates and, in the case of brokerage accounts, registered with a financial institution that is regulated as a brokerage firm by the Emirates Securities and Commodities Authority or other competent UAE regulatory authority.
Each bank or brokerage account should hold only movable assets comprising monies and/or publicly traded shares, stock or other securities, and/or securities issued by any government authority. You must be the exclusive beneficial owner of the movable assets held in each bank or brokerage account.
Your appointment to register your Financial Assets Will is made with the Wills Service and once this has taken place, your Financial Assets Will is registered at the Registry. The requirements are that:
Your Financial Assets Will must be completed and submitted using the Financial Assets Will Portal. The pre-registration checks must be carried out by appointment in person with the Wills Service (at the DIFC Courts Wills Service or an alternative authorised location) or via the Virtual Registry.
A list of the fees charged by the Wills Service in relation to the registration of a Financial Assets Will can be viewed here.
To register a Financial Assets Will, you must be non-Muslim, over 21 years of age and the Financial Assets Will must be limited to a maximum of ten (10) bank and/or brokerage accounts that are registered in your sole name or joint name, and legally held with a bank or brokerage firm whereby the branch at which such accounts are registered is situated in the UAE
Each bank account must be registered with a financial institution that is regulated as a bank by the Central Bank of the United Arab Emirates and, in the case of brokerage accounts, registered with a financial institution that is regulated as a brokerage firm by the Emirates Securities and Commodities Authority or other competent UAE regulatory authority.
Each bank or brokerage account should hold only movable assets comprising monies and/or publicly traded shares, stock or other securities, and/or securities issued by any government authority. You must be the exclusive beneficial owner of the movable assets held in each bank or brokerage account.
The maximum number of bank and/or brokerage accounts that you can list in a Financial Assets Will is ten (10) at any one time. If you own more than ten (10) bank and/or brokerage accounts that you wish to protect, then you would need to draft and register an alternative type of DIFC Courts Will offered by the Wills Service.
If you wish to pass on other assets owned by you that are situated in the UAE (other than bank or brokerage accounts that meet the criteria as described above) to nominated beneficiaries then again, this can only be achieved through a different type of DIFC Will offered by the Wills Service.
Stage 1 – Completion of your Financial Assets Will:
The first step is to visit the Financial Assets Will Portal, sign up to obtain your individual login credentials and follow the instructions provided. You will be asked to read a small amount of information before completing seven steps to create your Financial Assets Will. Once completed, you will be able to view a copy of your Financial Assets Will in PDF printable format and be prompted to submit your Financial Assets Will and supporting information/documents to the Wills Service.
You may log in and out of the Financial Assets Will Portal to complete your Financial Assets Will in your own time and you are not required to complete your Financial Assets Will during your first login session.
Stage 2 – Registration of your Financial Assets Will:
The second step is to register your Financial Assets Will. To complete the registration process you must make an appointment to register your Financial Assets Will. Your appointment to register your Financial Assets Will is made with the Wills Service where the pre-registration checks will be carried out and once this has taken place, your Financial Assets Will is registered at the Registry. The pre-registration checks must be carried out by appointment in person with the Wills Service (at the DIFC Wills Service Centre or an alternative authorized location) or via the Virtual Registry. The Financial Assets Will Portal will guide you through this process once you have completed the required steps in full.
All appointments and payments to register a Financial Assets Will are made using the Wills Service online system.
For more information about the registration process and the options available to you to register your Financial Assets Will, please visit the Registration Process section on the Wills Service website.
You will need to know/consider the following before completing your Financial Assets Will using the Financial Assets Will Portal:
– Bank and Brokerage accounts
The identity (full bank/broker name, account number/reference, account name/type, Emirate where the account is registered, and the share owned by you) of your bank and/or brokerage accounts.
Please remember that any bank and/or brokerage accounts that you have not yet acquired (or may acquire in the future), or that are legally held with a branch of a bank or brokerage firm that is legally situated outside of the UAE cannot be included in your Financial Assets Will.
You should take steps to ensure that each of the bank or brokerage accounts that you wish to protect by way of a Financial Assets Will meet with the criteria as described above, that you can dispose of those bank and/or brokerage accounts (and the movable assets held within them) specifically listed by way of a Will and that each of the accounts (or the movable assets held within them) are not encumbered by any legal limitations that may affect the way in which you can deal with them. If you are unsure as to whether your bank and/or brokerage accounts can be disposed of through a Financial Assets Will (or any other DIFC Courts Will) we strongly advise that you consider taking legal advice in its preparation from a qualified legal representative listed on the Register of Will Draftsmen.
-Executors
An executor is the individual responsible for administering your bank and/brokerage accounts specifically listed in your Financial Assets Will in the event of your death. You will need to consider who to appoint to act in this role (referred to in your Financial Assets Will as your ‘First Executor’). You should also appoint a substitute executor (referred to in your Financial Assets Will as your ‘Second Executor’) to act in this role as a replacement.
Your executors do not need to be residents of the UAE. They should be persons whom you trust to administer your bank and/or brokerage accounts and distribute your interests in them to your chosen beneficiaries as specified by you in your Financial Assets Will.
–Beneficiaries
A beneficiary is an individual who will inherit your bank and/or brokerage accounts as listed in your Financial Assets Will in the event of your death. You will need to consider who you wish to receive your bank and/or brokerage accounts and the percentage shares of each of your bank and/or brokerage accounts that you would like each beneficiary to receive. For each first beneficiary that receives a percentage share, you can nominate further beneficiaries (known as substitute beneficiaries) to inherit that particular share if your first named beneficiary is not able to receive their percentage share. Your beneficiaries and substitute beneficiaries do not need to be residents of the UAE to inherit under the terms of your Financial Assets Will.
Please note that in line with the Rules, you can appoint either natural persons (individuals) or legal persons (companies) to be your beneficiaries or substitute beneficiaries under the terms of your Financial Assets Will. However, you cannot appoint animals as beneficiaries.
In the event that you choose to nominate a company, or a charity, or a foundation as beneficiary or substitute beneficiary, you will need to produce a copy of the license of this registered entity to the Wills Service prior to registering your Financial Assets Will.
–Witnesses
When completing your Financial Assets Will using the Financial Assets Will Portal you will be asked to complete the full details of one individual over the age of 21 years that is to act as your witness to your Financial Assets Will when the pre-registration checks are carried out by appointment in person with the Wills Service (at the DIFC Courts Wills Service or an alternative authorised location) or via the Virtual Registry.
This information is required regardless of whether your appointment is taking place at the Wills Service in person or via the Virtual Registry. Please ensure that you have their full personal and contact details to hand, and you will also need to upload a copy of their passport to the Financial Assets Will Portal before arranging an appointment at the Wills Service. Your witness should not be a beneficiary or substitute beneficiary named in your Financial Assets Will.
Please remember that you may log in and out of the Financial Assets Will Portal to complete your Financial Assets Will in your own time and obtain the required information and documents.
Your Financial Assets Will represents an extremely valuable and important legal document and you are strongly advised to consider taking legal advice in its preparation and indeed any DIFC Courts Will to be registered at the Registry. Should you wish to engage a qualified legal representative to complete a Financial Assets Will on your behalf please refer to the Register of Will Draftsmen for a list of qualified legal representatives.
In particular, if any of the following circumstances apply to you, we strongly advise taking legal advice from a qualified legal representative as the Financial Assets Will would not or may not be the appropriate form of Will to achieve your objectives:
– I own a variety of moveable and immoveable assets in the UAE
– I own more than ten (10) bank or brokerage accounts that I would like to protect in the event of my death
– I own other bank and/or brokerage accounts that are registered in the UAE that may not be protected by a Financial Assets Will
– My bank and/or brokerage accounts registered in the UAE have or may have limitations on them or the movable assets contained within such accounts may have limitations on them as to how I can dispose of them in the event of my death
– I have significant debts in the UAE
– I need to appoint guardians of my children who are under 21 years of age
– My family structure is particularly complex
– The distribution of my bank and/or brokerage accounts registered in the UAE is likely to be complex
– It is my intention not to distribute my bank and/or brokerage accounts registered in the UAE to my spouse and/or one of my dependents
– I have one or more dependents that are under a legal disability or incapacitated
– The succession laws of my home country are complex and they require me to give certain shares of my estate to specific heirs or family dependents
– I do not know how to comply with these laws.
Please note here that in your home country you may be required by law to give certain shares of your estate to specific heirs, or family dependents. We recommend you seek legal advice from a qualified legal representative to comply with those laws when making gifts to beneficiaries and substitute beneficiaries in a Financial Assets Will, to allow compliance with that law and reduce the risk of a challenge to your Financial Assets Will at a later date by beneficiaries or heirs.
To complete the registration of your Financial Assets Will you must make an appointment to register your Will. Your appointment to register your Financial Assets Will is made with the Wills Service where the pre-registration checks are carried out and once this has taken place your Will is registered at the Registry.
The pre-registration checks for your Financial Assets Will must be carried out by appointment in person with the Wills Service (at the DIFC Wills Service Centre or an alternative location) or via the Virtual Registry. The Property Will Portal will guide you through the process of booking a registration appointment once you have completed the required steps in full.
If you choose to register your Financial Assets Will in person, you must attend at the Wills Service (at the DIFC Wills Service Centre or an alternative location) and you must bring along one witness. Your executors and beneficiaries should not attend. The appointment will last approximately 45 minutes.
If you reside overseas (outside of the UAE) and choose to register your Financial Assets Will via the Virtual Registry, you will be asked to submit your Financial Assets Will to a Compliance Officer at the Wills Service for review once you have completed the required steps in full. Once approved, the Compliance Officer will contact you and you will be requested to book an appointment at the Virtual Registry using the online booking system. Once you have booked a registration appointment at the Virtual Registry, at the time of the appointment you should login in to the Financial Assets Will Portal and follow the links provided to connect with the Compliance Officer. A URL link will also be sent to you in the event that you are not able to access the links using the Financial Assets Will Portal. Once you have chosen to book a Virtual Registry appointment detailed instructions will be sent to you so that you are fully prepared for your appointment.
The Financial Assets Will Portal will provide you with a list of the supporting information and documents that you will need to upload when registering your Financial Assets Will either in person or via the Virtual Registry. This will include uploading a copy of your valid passport and Emirates ID (if applicable) together with a copy of the valid passport of your chosen witness. You are not able to complete all of the required steps and produce your PDF printable Financial Assets Will until these documents have been uploaded.
If you wish to upload a one page document that provides confirmation of each of your bank and/or brokerage accounts as listed in your Financial Assets Will, you can upload these documents using the Financial Assets Will Portal. Please note that this is not mandatory however it may assist your appointed executors and your family members in the event of your death.
Explanatory notes are available and visible throughout each step of the Financial Assets Will Portal to assist you in completing your Financial Assets Will. You should read these when using the Financial Assets Will Portal to complete your Financial Assets Will. Furthermore, if you chose to engage the services of a qualified legal representative please note that that they must be registered with the Registry and listed on the Register of Will Draftsmen.
The Wills Service is not in the position to provide any legal advice or assist you in preparing your Financial Assets Will and the explanatory notes issued by the Wills Service do not constitute legal advice in relation to the preparation of the Financial Assets Will (or any other Will to be submitted to the Registry for registration). If you have any queries in relation to this matter, please contact the Wills Service by phone on +971 (0) 4 404 88 88 or by email on WillsInfo@difccourts.ae.
A Financial Assets Will can only include up to ten (10) separate bank and/or brokerage accounts that are registered in your sole name or joint name, and legally held with a bank or brokerage firm whereby the branch at which such accounts are registered is situated in the UAE. Each bank account must be registered with a financial institution that is regulated as a bank by the Central Bank of the United Arab Emirates and, in the case of brokerage accounts, registered with a financial institution that is regulated as a brokerage firm by the Emirates Securities and Commodities Authority or other competent UAE regulatory authority. Each bank or brokerage account should hold only movable assets comprising monies and/or publicly traded shares, stock or other securities and/or securities issued by any government authority. You must be the exclusive beneficial owner of the movable assets held in each bank or brokerage account.
If you open or register additional bank and/or brokerage accounts (that are eligible) after registering your Financial Assets Will, you must modify your existing Financial Assets Will by preparing and registering a new Financial Assets Will, to ensure that your Financial Assets Will covers your interests. The fee for registering a new Financial Assets Will in these circumstances is AED 550 and a list of the current fees charged by the Wills Service associated with modifying a Property Will can be viewed here
If you wish to change any part of your Financial Assets Will after it has been registered, you must complete and register (and sign) a new Financial Assets Will using the Financial Assets Will Portal.
The fee for registering a new Financial Assets Will in these circumstances is AED 550 and a list of the current fees charged by the Wills Service associated with modifying a Financial Assets Will can be viewed here.
