DIFC Courts
  • Courts FAQ
  • Wills FAQ
  • About The Registry
  • Wills – General
  • Fees
  • Other Jurisdictions
  • Will Modifications
  • Registration Appointments
  • Full Will
  • Property Will
  • Business Owners Will
  • Financial Assets Will
  • Guardianship Will
  • Other Questions

New Law

What is the status of currently registered DIFC Courts Wills?

Transitional provisions in the new law state explicitly that all previously registered DIFC Courts Wills are considered valid.

Will I need to modify my registered DIFC Courts Will?

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.

How will the new law effect the enforcement of DIFC Courts Wills?

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.

About The Registry

What is the DIFC Courts Wills Service?

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.

Why has the DIFC Courts Wills Service been established?

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.

What does the DIFC Courts Wills Service do?

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.

What is the role of the DIFC Courts?

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.

Wills – General

Who can register a Will?

In order to register a Will at the DIFC Courts Wills Service, the requirements are that:

  1. You are not Muslim and have never been a Muslim
  2. You are at least 21 years of age
  3. You own assets in the UAE and/or have minor children residing with you in the UAE

What types of Will can I register?

The DIFC Courts Wills Service registers five (5) types of Wills:

Full Will – covers the distribution of your movable and immovable property in the UAE and the appointment of interim and permanent guardians of your minor children residing in the Emirates of Dubai or Ras Al Khaimah (if applicable)

Guardianship Will – covers the appointment of guardians of your minor children only

Property Will – covers up to five (5) real estate properties within the UAE only (online template Will)

Business Owners Will – covers up to five (5) shareholdings within the UAE only (online template Will)

Financial Assets Will – covers up to ten (10) bank and/or brokerage accounts registered at a branch that is situated in the UAE only (online template Will)

Where can I get help to decide which type of Will is right for me?

You may refer to https://www.difccourts.ae/difc-courts/services#wills_service on our website to find a summary of the different types of DIFC Courts Wills to help decide which Will is best suited for you. If you require legal advice or assistance in Will drafting, you may refer to one of the registered Wills Draftsmen (https://www.difccourts.ae/difc-courts-wills/wills-draftsmen) from our website.

Can I draft my own Will?

In accordance with the DIFC Wills and Probate Registry Rules (the Rules), an individual may prepare their own Will or, if suitable, use one of the Wills Service's online template Wills. Please refer to the Rules on our website (https://www.difccourts.ae/difc-courts-wills/rules-directions) to help ensure your Will is in compliance and meets the minimum requirements of registration. You may also refer to the 'Forms of Will' in the 'Useful Documents' tab on the same page to refer to the minimum requirements to draft your own Full Will or Guardianship Will.

If you require legal advice or assistance in Will drafting, you may refer to one of the registered Wills Draftsmen (https://www.difccourts.ae/difc-courts-wills/wills-draftsmen) from our website.

Will the Wills Service draft my Will for me?

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 DIFC Courts Will may draft their Will on their own or they may seek the assistance of a registered Wills Draftsman or they may use one of the online template Will options, where applicable.

Who can I contact to prepare my Will?

If you require legal advice or assistance in Will drafting, please refer to a lawyer from the register of Wills Draftsmen (https://www.difccourts.ae/difc-courts-wills/wills-draftsmen) from our website. The Wills Service will not accept Wills from lawyers who are not registered as a Wills Draftsman.

How much will a lawyer charge to prepare my Will?

The Will Service works closely with all legal practitioners listed on the register of Wills 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 Wills Draftsmen and we encourage you to research those listed in order to make a decision as to who you wish to appoint.

How do I make a Will?

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 Wills Draftsmen containing a list of qualified legal representatives who are approved to prepare DIFC Courts Wills for registration.

The Property Will, Business Owners Will and Financial Assets Will must only be prepared using the online template on the Wills Service portal. The Full Will, too, has the option of the template Will should you not want to add any special conditions in your WIll. The template Wills can be completed without requiring assistance in drafting. However, we recommend you seek appropriate legal advice to determine the best option for you.

If you require legal advice or assistance in Will drafting, please refer to a lawyer from the register of Wills Draftsmen (https://www.difccourts.ae/difc-courts-wills/wills-draftsmen) from our website. The Wills Service will not accept Wills from lawyers who are not registered as a Wills Draftsman.

What will my Will cover?

The extent of your DIFC Courts Will will depend on the type of Will that you wish to prepare and register.

Full Will – covers the distribution of your movable and immovable property in the UAE and the appointment of interim and permanent guardians of your minor children residing in the Emirates of Dubai or Ras Al Khaimah (if applicable)

Guardianship Will – covers the appointment of guardians of your minor children only

Property Will – covers up to five (5) real estate properties within the UAE only (online template Will)

Business Owners Will – covers up to five (5) shareholdings within the UAE only (online template Will)

Financial Assets Will – covers up to ten (10) bank and/or brokerage accounts registered at a branch that is situated in the UAE only (online template Will)

A DIFC Courts Full Will registered at the Wills Service 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.

Can my spouse register a Will at the same time as me?

Your spouse can register a Will at the same time as you, and this would be done in a joint appointment. The two Wills that are executed are commonly referred to as ‘mirror Wills’. You each have your own separate Will, however, the signing of the two documents takes place in a single appointment.

Do I have to be a resident of the UAE to register a Will?

You do not need to be a resident of the UAE to register a DIFC Courts Will at the Wills Service. Any individual who is a non-Muslim and at least 21 years of age with assets in the UAE and/or minor children residing in Dubai or Ras Al Khaimah may register a DIFC Courts Will virtually from any part of the world.

Must my nominated executors and/or guardians be residents of the UAE?

There is no requirement under the Rules for executors and/or guardians appointed in your Will to be residents of the UAE.

Does Divorce revoke a Will?

As per Part 6, paragraph 19 (4) of the Rules, if a Testator's marriage is dissolved or annulled by a competent jurisdiction following the registration of their DIFC Courts Will, any gifts or appointments made to the former spouse will be treated as though the former spouse had died on the date on which the marriage is dissolved or annulled.

Does my Will become invalid if I get married?

As per Part 6, paragraph 19 of the Rules, a Will is revoked by the Testator’s marriage unless the intent to marry an individual is clearly stated in the Will.

Can I withdraw my Will?

As per Part 3, paragraph 10 (11) of the Rules, a Will and any other documents may be withdrawn from the Registry by the Testator by an application (made by him or by a legal representative authorised in writing to withdraw the Will) in writing made to the Registrar.

How do I apply to withdraw my Will?

The Testator must email WillsService@difccourts.ae requesting to withdraw their registered Will. A Will withdrawal form will be shared with the Testator which must be cmpleted and sent back to the Registry in order to confirm the withdrawal.

What is a Testator?

A Testator is an individual who makes a DIFC Courts Will.

What is an Executor?

An Executor, original or by representation, or, unless the context otherwise requires, is the administrator for the time being of the deceased Testator in whose favour a Grant or Grant of Administration (with Will annexed) has been made by the DIFC Courts.

What is a Beneficiary?

A Beneficiary is anyone who receives any pecuniary, specific, or Residuary Estate gifts in the Will.

Can I name a pet as a beneficiary?

Animals cannot be named as beneficiaries in any DIFC Courts Will.

Can my executor be a beneficiary in my Will?

Executors may also be Beneficiaries in a Will.

What is the Residuary Estate?

The 'Residuary Estate' is the remainder of the Estate (as the context permits) after the payment of all debts, funeral and testamentary expenses, legacies, administrative fees and other liabilities on all property part of the jurisdiction determined in the Will.

What is a Specific Gift?

Any immovable or movable property specifically gifted to an individual or company in the Will, before a Residuary Estate is distributed.

Do I need to be a UAE Resident to register a Will?

Testators do not have to be UAE residents in order to register a DIFC Courts Will.

Can I include my property located outside of the UAE in a DIFC Will?

Foreign assets may be included in a DIFC Courts Full Will though the execution of the Will outside of the UAE is subject to the laws and rules of the jurisdiction where the assets are located. Please seek appropriate legal advice to be sure if a DIFC Courts Will may be executed in the jurisdiction of your choice.

Can I make a gift to a charitable organization?

Yes, a charitable organization may be a Beneciary in a Will. Please provide details of the organization which may make it easier to determine the Beneficiary appropriately, for e.g., full name of the organization, registration number of the organization, address, etc.

Does my life insurance form part of my estate?

A DIFC Courts Full Will covers all movable and immovable property in the specified applicable jurisdiction.

Does my end-of-service benefits form part of my estate?

A DIFC Courts Full Will covers all movable and immovable property in the specified applicable jurisdiction.

My family and I have shares in a property; do we all have to register a Will?

Any qualifying individual may register a DIFC Courts Will. Please seek appropriate legal advice to determine whether you should register your Will. A list of DIFC Courts Wills Draftsmen is available on our website: https://www.difccourts.ae/difc-courts-wills/wills-draftsmen.

At what age can I regsiter a Will?

An individual must be at least 21 years old at the time of registering a DIFC Courts Will.

Do I have to hire a Draftsman or complete the Will myself?

It is not mandatory to appoint a Wills Draftsman to register a DIFC Courts Will. However, please note, the DIFC Courts Wills Service team is not in a position to provide any legal advice. If you require legal advice, or assistance in Will drafting, please contact one of the registered DIFC Courts Wills Draftsmen from our website: https://www.difccourts.ae/difc-courts-wills/wills-draftsmen.

Do my witness have to be from UAE?

Witnesses may join the Will registration appointment via the virtual meeting link from anywhere in the world. Thus, Witnesses are not required to be residents of UAE.

Do I need a UAE visa to register a Will?

It is not required for Testators to be residents of UAE, or have a UAE visa, in order to register a DIFC Courts Will.

Can I use my family as witnesses?

Witnesses must be at least 21 years of age with a valid passport or government issed photo ID. Additionally, Witnesses must not be Beneficiaries or Guardians, or spouses of Beneficiaries or Guardians, in the Will. Anyone meeting these requirements, including family members, may act as Witnesses to a Will signing.

I have purchased an off plan property, can I still add it to my Will?

For a Property Will, off plan property can be included in the Will if the Oqood certificate issued by RERA is available. For a Full Will, proof of ownership of a property is not required at the time of Will registration.

Fees

How much does it cost to register a Will at the Registry?

The cost of Will registration depends on the type of Will registered. Please refer to Article IX of the Fee Schedule on our website: https://www.difccourts.ae/about/fees for a complete list of registration fees.

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.

How much does it cost for a Grant of Probate?

The fee to apply for a Grant of Probate is USD 1,500.

To view our complete Fee Schedule, please refer to our website: https://www.difccourts.ae/about/fees for a complete list of registration fees.

How do I pay to register my Will?

The Will registration fee must be paid online through a credit card at the time of booking the registration appointment. Alternatively, you may select the 'offline payment' option if you wish to pay with cash or cheque by visiting our office. You will then have 3 days within which a payment must be made in order to confirm your appointment.

AED 1,000 per Will is non-refundable if you wish to cancel an appointment before registering your Will.

Are the fees subject to VAT?

DIFC Courts Will registration fees are not subject to the 5% VAT.

How much does it cost to withdraw a Will?

There is no fee associated with withdrawing a Will.

What is the cost of registering a Will?

The cost of Will registration depends on the type of Will registered. Please refer to Article IX of the Fee Schedule on our website: https://www.difccourts.ae/about/fees for a complete list of registration fees.

How much does it cost to make modifications to a Will?

The Will modification fee for any DIFC Courts Will is AED 550 per Will.

In a mirror Will are the modification fees of AED 550 applied once or for both?

The Will modification fee for any DIFC Courts Will is AED 550 per Will.

Are fees refundable?

If a payment is made in order to secure a Will registration appointment, and you later wish to cancel your appointment, AED 1,000 per Will is non-refundable. Additionally, the Government of Dubai Department of Finance will charge a fee of AED 200 to refund the eligible amount back to your bank account.

Other jurisdictions

Can I register a previous Will I had drafted which has already been made/registered/notarized in the UAE or elsewhere?

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 recommend that you seek legal advice from a registered Wills Draftsmen if you require assistance in re-drafting your existing Will.

What will happen if I make another Will in another country or have an existing Will?

There is no restriction on you making another Will in another country after you have registered a DIFC Courts Will at the Wills Service. 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 DIFC Courts, 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 DIFC Courts on that other Will.

Will Modifications

Why would I need to modify my Will?

Once you have registered your DIFC Courts Will, circumstances may necessitate a modification to your Will, such as:

  1. Your subsequent marriage or divorce (in the UAE or abroad)
  2. The birth or adoption of a child (in the UAE, or abroad) whom you wish to include in your Will
  3. Your wish to add or change the appointment of guardians in your Will
  4. You have recently experienced a significant change in financial status which impacts those assets that you hold in the UAE
  5. You have a desire to change your beneficiaries
  6. Death or incapacity of any individual named in your Will
  7. Significant change in laws in your home country, or the UAE, which impacts those assets that you hold in the UAE

Do I need to modify my Will when I acquire a new asset in the UAE?

A DIFC Courts Full Will covers all movable and immovable assets that you hold in the jurisdiction speficied in your Will 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 recommend that you seek the appropriate legal advice from a registered Wills Draftsman 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 a new 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 modification fee for any DIFC Courts Will is AED 550 per Will.

What is the procedure for modifying my Will and how much does it cost?

The modification of a DIFC Courts Will largely follows the same procedures carried out at the Wills Service for registering the original Will and any update to a Will is considered to be a new Will.

The Wills Service does not accept any codicils to a Will. Thus, you must make the intended changes to the text of the last Will and then schedule an appointment to sign the new modified Will.

The modification fee for any DIFC Courts Will is AED 550 per Will.

What do I do if I move house, or someone named in my Will moves?

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) at the time of Probate.

There is no fee associated with keeping your personal information and passport details up to date.

What happens if I get married or divorced after registering a Will?

As per the Rules, subsequent marriage following a Will registration invalidates your Will in its entirety. You would therefore need to sign a new Will after the date of your marriage in the form of a Will modification.

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.

Registration Appointments

Where do I register my Will?

All DIFC Courts Wills are registered through electronic signatures. You may complete the registration virtually from any part of the world. Alternatively, you may visit our office in person for the signing. Please note, however, Wills signed in our office will also be registered through electronic signing. The Wills Service does not register or hold any hard copies of the Wills. The Wills, in their electronic format, are considered to be the original Wills.

How long does it take to register my Will in person?

The Will registration appointment, in person and online, should take approximately 20 minutes.

How do I make an appointment to register my Will?

All Will registration appointments must be scheduled online through the Wills Service portal (https://eregistry.difccourts.ae/Account/Login/).

What if I need to travel to the UAE specifically to register my Will?

All DIFC Courts Wills can be registered and modified online via a video conference call. Testators and Witnesses from any part of the world may attend the appointment virtually and do not need to visit the UAE to sign the Will.

Can I register my Will without being present at the Registry?

All DIFC Courts Wills can be registered and modified online via a video conference call. Testators and Witnesses from any part of the world may attend the appointment virtually and do not need to visit the UAE to sign the Will.

Who should come to the appointment?

All DIFC Courts Will registration appointments (including Will modification appointments), in-person and online, must be attended by the Testator(s) and two (2) Witnesses.

If you have appointed a registered Wills Draftsmen to prepare your Will on your behalf, you are welcome to have them present at your appointment. Your Wills Draftsman may also act as one of your Witnesses.

It is not necessary for any other individual to attend the appointment. In addition, beneficiaries and guardians, and spouses of beneficiaries and guardians, should not be present for the Will signing. 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.

Should my appointed guardians come to the appointment?

Guardians and spouses of guardians are not permitted to attend the Will signing appointment.

Who can act as a witness and how many witnesses do I need?

You will need to provide two (2) 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 at least 21 years of age and must have with them a valid passport, Emirates ID, or any other government issued photographic ID when attending the appointment.

If you have appointed a registered Wills Draftsman to prepare your Will then they may act as one of your Witnesses.

Can I bring a beneficiary that is named in my Will to my appointment?

Unless they are your spouse and you are both executing mirror Wills, your beneficiaries should not attend your registration appointment.

Which DIFC Wills can be registered using the virtual registration service?

All DIFC Courts Wills can be registered and modified online via a video conference call. Testators and Witnesses from any part of the world may attend the appointment virtually and do not need to visit the UAE to sign the Will.

Who can use the virtual registration service?

All DIFC Courts Wills can be registered and modified online via a video conference call. Testators and Witnesses from any part of the world may attend the appointment virtually and do not need to visit the UAE to sign the Will.

How do I make a virtual registration appointment?

When you have completed preparing or uploading your desired DIFC Courts Will on the online portal (https://www.difccourts.ae/difc-courts/services#wills_service), you will be directed to schedule your Will registration appointment online.You will be required to make the payment towards the registration fee in order to confirm your appointment.

Closer to the appointment date, you and your two (2) Witnesses will receive a link for a video conferencing call to complelte the Will signing electronically. Further details will be provided in an email to assist you in preparing for your appointment.

What documents do I need to submit before the virtual registration appointment?

On the Wills Service online portal, you will need to upload a copy of your valid passport and Emirates ID (if applicable) together with copies of the valid passport of your chosen Witnesses.

Additionally, the following documents are mandatory depending on the type of Will being registered:

  1. - Property Will: title deed(s) or Oqood certificate(s) to demonstrate ownership of the real estate property/ies included in the Will
  2. - Business Owners Will: share certificate(s) or other ownership document(s) to demonstrate ownership of the shares or shareholdings included in the Will
  3. - Guardianship Will or Full Will with guardianship provisions: signed Guardianship Statements of all interim and permanent guardians appointed in the Will. A template for the Guardianship Statement is available under 'Useful Documents' on the following page: https://www.difccourts.ae/difc-courts-wills/rules-directions. Please note, the parents of the minor(s) do not have to sign a Guardianship Statement.

Any additionaly documents, e.g. letter of wishes, list of assets, passport copies of executors/beneficiaries, etc. are optional and can be uploaded on the portal at the Testator's discretion.

What do I need to have for my virtual registration appointment?

To successfully complete your Will regisitration appointment virtually, you and your two (2) Witnesses must have access to one device to connect to a Compliance Officer virtually (e.g. laptop, PC) and one other device that is touch enabled (e.g. tablet, mobile phone). The first device will allow you and the Witnesses to view and speak with the Compliance Officer during the appointment. The second device will allow you and the Witnesses to electronically sign your Will.

You and the Witnesses may join the call from different devices if you are all in different locations. Alternatively, if you are all present together, you may join the video conference call using one device, as long as you are all visible on the screen together.

For verification purposes, you and your Witnesses must have with you your respective passport, Emirates ID, or any other government issued photographic ID present during the virtual registration appointment and this should be the same as submitted at the time of booking the appointment online.

What happens during the virtual registration appointment?

Closer to the appointment date, you and your two (2) Witnesses will receive a link for a video conferencing call to complelte the Will signing electronically. Further details will be provided in an email to assist you in preparing for your appointment.

Once you and the Witnesses have joined the video call successfully, the Complpiance Officer will begin the appointment by verying each of your ID's first. The next step is to go over the terms anf provisions of the Will with the Testator. Following the reading of the Will, the Compliance Officer will share the log in credentials for the Testator and Witnesses to access the Will on the touch enabled devices (phone, tablet) through our website. The Testator and Witnesses will then be required to draw their signatures on their touch enabled devices. Lastly, the Testator, or their appointed legal practitioner, will have the opportunity to download the registered copy of the Will once the Compliance Officer receives everyone's signatures.

Who should attend by virtual registration appointment?

All Will registration and modification appointments must be attended by the Testator(s) and their two (2) Witnesses. Beneficiaries and guardians, and spouses of beneficiaries and guardians, are not permitted to be present during the Will signing.

Additionally, as a Will is a highly confidential document, you may also want to 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. 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.

Will I get a copy of the Will that I have signed electronically?

The Testator, and their appointed legal practitioner, will have the opportunity to download the registered copy of the Will once the signing of the Will is complete. The Compliance Officer will guide you to ensure you get a copy of your registered Will during the appointment.

Are there any post registration formalities?

There is no further action required from the Testator following the registration appointment.

A Will modification appointment may be scheduled if the Testator wishes to make changes to the terms of the original Will. This will require a new Will to be signed which will entirely replace the original Will. The modification fee is AED 550 per Will.

The Testator may update phone number, address, passport details for themselves and individuals mentioned in the Will at any time through the online portal. There are no fees associated with keeping this information up to date.

What if I want to amend my Will?

Once you have registered your Will, circumstances may necessitate a modification to your Will. A modification of a DIFC Courts Will follows the same procedure as registering the original Will and an appointment to register the modified Will can be made through the Wills Service online portal. The fee for modifying a DIFC Courts Will is AED 550 per Will. A full list of the Fee Schedule is available on our website on https://www.difccourts.ae/about/fees. Article IX of the Fee Schedule specifically refers to the fees associated with the Wills Service.

Full Will

What is a Full Will?

The DIFC Courts Full Will enables eligible Testators to cover all their movable property (bank accounts, company shares, vehicles, artwork, jewelry, etc.) and immovable property (real estate) in a specified jurisdiction. The Full Will covers all movable and immovable property owned by the Testator at the time of death, regardless of whether or not it is specifically mentioned in the Will at the time of registration.

A Full Will template may be used to cover all movable and immovable property within the UAE.

If a Full Will is drafted, however, the jurisdiction of the Will could extend outside of the UAE. The enforcement of the Will in the foreign jurisdictions, though, is not guaranteed. Testators are encouraged to seek the relevant legal advise to ensure whether or not a DIFC Courts Will may be useful in securing the assets outsie of the UAE.

In a Full Will that is drafted, guardianship provisions for minors residing in Dubai or Ras Al Khaimah may also be included in the same Will.

Is a Full Will suitable for me?

To register a Full Will, the Testator must be a non-Muslim, who is at least 21 years of age and has movable and/or immovable property situated in the UAE.

The Full Will covers all movable and immovable property owned by the Testator at the time of death, regardless of whether or not it is specifically mentioned in the Will at the time of registration. This means, the Will covers assets owned by the Testator at the time of Will registration as well as assets acquired by the Testator at a later date prior to their death.

How do I make a Full Will?

A Full Will can be drafted by a Testator or a registered Wills Draftsman in accordance to the DIFC Wills and Probate Registry Rules and more specifically 'Schedule 1 - Form of Will 1'. The Rules, as well as the appropriate Form of Will, is available on our website: https://www.difccourts.ae/difc-courts-wills/rules-directions.

Should you wish to engage a qualified legal representative to draft a Full Will on your behalf, please refer to the register of Wills Draftsmen on our website (https://www.difccourts.ae/difc-courts-wills/wills-draftsmen).

The Full Will may also be prepared using the online template form on the Wills Service portal on the website (https://www.difccourts.ae/difc-courts/services#wills_service). Make the selection for 'Full Will' and complete the information on each page that is prompted. Please note, however, if the online template is used, you will not have the option of changing or adding any clauses or provisions of your own to the Will.

What must I consider when making a Full Will?

You will need to know/consider the following before completing your Full Will:

–Executors

An executor is the individual responsible for administering your Will in the event of your death. You will need to consider who to appoint to act in this role. You may also appoint a substitute executor(s) 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 any individual who will inherit assets or other gifts, in part or entirely, in your Will in the event of your death. 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 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 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 provide the license or registration number of this registered entity to the Wills Service.

–Witnesses

When uploading your draft Will, or completing Will using the Wills Service portal, you will be asked to include the full details of two (2) individuals over the age of 21 years who can act as your Witnesses at your Will signing appointment. Please ensure that you have their full personal and contact details available and you will also need to upload a copy of their valid passport or Emirates ID or any other government issued photo ID in order to proceed booking your Will registration appointment.

Your Witnesses should not be a beneficiary or guardian, or spouse of a beneficiary or guradian, named in your Will.

Please note, you may log in and out of the Wills Service Portal to obtain the required information and documents and complete your Will in your own time.

Do I need a lawyer to prepare a Full Will?

Your Will represents an extremely valuable and important legal document and, though not mandatory, you are strongly advised to consider taking legal advice in its preparation. Should you wish to engage a qualified legal representative to draft or complete a Full Will on your behalf, please refer to the register of Wills Draftsmen on our website (https://www.difccourts.ae/difc-courts-wills/wills-draftsmen).

A Full Will can be drafted by a Testator or a registered Wills Draftsman in accordance to the DIFC Wills and Probate Registry Rules and more specifically 'Schedule 1 - Form of Will 1'. The Rules, as well as the appropriate Form of Will, is available on our website: https://www.difccourts.ae/difc-courts-wills/rules-directions.

The Full Will may also be prepared using the online template form on the Wills Service portal on the website (https://www.difccourts.ae/difc-courts/services#wills_service). Make the selection for 'Full Will' and complete the information on each page that is prompted. Please note, however, if the online template is used, you will not have the option of changing or adding any clauses or provisions of your own to the Will.

Once all the mandatory information has been inputted on the online portal, you will be directed to the booking and payment page to confirm your appointment to sign the Will.

How do I register my Full Will at the Registry?

To complete the registration of your Full Will, you must first draft and upload the Will using the Wills Service online portal on the website (https://www.difccourts.ae/difc-courts/services#wills_service).

Once all the mandatory information has been inputted, and the portal prepares the draft Will for you, you will be directed to the booking and payment page to confirm your appointment to sign the Will. Closer to the appointment date, you and your two (2) Witnesses will receive a link for a video conferencing call to complelte the Will signing electronically. Further details will be provided in an email to assist you in preparing for your appointment.

All DIFC Courts Wills are registered through electronic signatures. You may complete the registration virtually from any part of the world. Alternatively, you may visit our office in person for the signing. Please note, however, Wills signed in our office will also be registered through electronic signing. The Wills Service does not register or hold any hard copies of the Wills. The Wills, in their electronic format, are considered to be the original Wills.

What documents will I need when registering my Full Will?

The Full Will portal will prompt you to add the supporting information and documents that you will need in order to register your Will. This will include uploading a copy of your valid passport and Emirates ID (if applicable) together with copies of the valid passport of your chosen Witnesses.

If you have appointed interim and permanent guardians in your Will, you must submit the signed Guardianship Statements for all the appointed guardians. The parents of the minor(s) do not have to sign the Statement. A template of the Guardianship Statement is available on our website under the 'Useful Documents' tab: https://www.difccourts.ae/difc-courts-wills/rules-directions.

If you wish to, you may also provide copies of any title deeds, share certificates, or any other documents you may want to include in your file.

Where can I get assistance when making my Full Will?

The Wills Service is not in the position to provide any legal advice or assist you in preparing your Full Will. If you require assistance in preparing your Will, please refer to the register of Wills Draftsmen on our website (https://www.difccourts.ae/difc-courts-wills/wills-draftsmen). You may engage the services of any lawyer from the register of Wills Draftsmen.

If you have procedural questions regarding the preparation and registration of your Will, please contact the Wills Service by phone on +971 (0) 4 404 8888 or by email on WillsService@difccourts.ae.

What if I purchase one or more assets after my Full Will has been registered at the Registry?

The DIFC Courts Full Will covers all movable and immovable property owned by the Testator at the time of death, regardless of whether or not it is specifically mentioned in the Will at the time of registration. This includes assets the Testator owns at the time of registerin the Will as well as any assets they may acquire at any later date prior to their death. There is no restriction to the number of assets or type of assets included in the Will. Hence, it may not be nevessary to amend the Will everytime there is a change in the assets owned.

If the Testator wishes to add or modify any specific legacies, or make changes to the Executor(s), Beneficiary(ies), or Guardian(s) in the Will, the necessary changes must be made to the draft Will and then an appointment must be booked to sign a new Will entirely.

The fee for modifying your Full Will in these circumstances is AED 550. A full list of the Fee Schedule is available on our website on https://www.difccourts.ae/about/fees. Article IX of the Fee Schedule specifically refers to the fees associated with the Wills Service.

What happens if I wish to change my executors and beneficiaries once I have registered my Full Will?

If you wish to change the content of any part of your Full Will after it has been registered, you must modify and register a new Full Will. You must make the necessary changes to your original draft Will and then schedule an appointment online to sign a new Will. The steps to sign a modified Will are exactly the same as the original registration.

The fee for modifying your Full Will in these circumstances is AED 550. A full list of the Fee Schedule is available on our website on https://www.difccourts.ae/about/fees. Article IX of the Fee Schedule specifically refers to the fees associated with the Wills Service.

Can I appoint guardians of my children in my Full Will?

You can appoint both temporary/interim and permanent guardians for your minor children in your Full Will. The minor(s) must be residents of Dubai or Ras Al Khaimah at the time of Probate in order for the guardianship provisions to apply.

Please note, guardianship provisions may not be included if you are using a template Full Will on the online portal. You must draft the Will (either yourself or with the help of an authorized lawyer) in accordance with the DIFC Wills and Probate Registry Rules while ensuring the guardianship appointments comply with the UAE Public Policy.

Should you wish to engage a qualified legal representative to draft a Full Will on your behalf, please refer to the register of Wills Draftsmen on our website (https://www.difccourts.ae/difc-courts-wills/wills-draftsmen).

Property Will

What is a Property Will?

The DIFC Courts Property Will enables eligible Testators to cover up to five (5) real estate properties (or a share in any such five (5) properties) that they may own within the UAE.

Is a Property Will suitable for me?

To register a Property Will, the Testator must be a non-Muslim, who is at least 21 years of age and has real estate property situated in the UAE.

A Property Will covers up to five (5) real estate properties within the UAE. If you own more than five (5) properties, then you would need to draft and register a DIFC Courts Full Will.

If you wish to pass on any other assets, besides real estate properties, owned by you, this can only be achieved through a DIFC Courts Full Will.

How do I make a Property Will?

The Property Will must be prepared using the online template form on the Wills Service portal on the website (https://www.difccourts.ae/difc-courts/services#wills_service). Make the selection for 'Property Will' and complete the information on each page that is prompted.

Once all the mandatory information is entered, the draft of your Property Will will be ready and you will be directed to book a registration appointment on the same portal.

What must I consider when making a Property Will?

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 provide the license or registration number of this registered entity to the Wills Service.

–Witnesses

When completing your Property Will using the Wills Service portal, you will be asked to include the full details of two (2) individuals over the age of 21 years who can act as your Witnesses at your Will signing appointment. Please ensure that you have their full personal and contact details available and you will also need to upload a copy of their valid passport or Emirates ID or any other government issued photo ID in order to proceed booking your Will registration appointment.

Your Witnesses should not be a beneficiary or spouse of a beneficiary named in your Property Will.

Please note, you may log in and out of the Wills Service Portal to obtain the required information and documents and complete your Property Will in your own time.

Do I need a lawyer to prepare a Property Will?

Your Will represents an extremely valuable and important legal document and, though not mandatory, you are strongly advised to consider taking legal advice in its preparation. Should you wish to engage a qualified legal representative to complete a Property Will on your behalf, please refer to the register of Wills Draftsmen on our website (https://www.difccourts.ae/difc-courts-wills/wills-draftsmen).

As a Property Will is prepared through the Wills Service online template portal, you may visit the website (https://www.difccourts.ae/difc-courts/services#wills_service) and select the 'Property Will' option to begin the process. You will be prompted with entering the information required in order to complete the Property Will. Once all the mandatory information has been inputted, and the portal prepares the draft Will for you, you will be directed to the booking and payment page to confirm your appointment to sign the Will.

How do I register my Property Will at the Registry?

To complete the registration of your Property Will, you must first prepare the Will using the Wills Service online template portal on the website (https://www.difccourts.ae/difc-courts/services#wills_service).

Once all the mandatory information has been inputted, and the portal prepares the draft Will for you, you will be directed to the booking and payment page to confirm your appointment to sign the Will. Closer to the appointment date, you and your two (2) Witnesses will receive a link for a video conferencing call to complelte the Will signing electronically. Further details will be provided in an email to assist you in preparing for your appointment.

All DIFC Courts Wills are registered through electronic signatures. You may complete the registration virtually from any part of the world. Alternatively, you may visit our office in person for the signing. Please note, however, Wills signed in our office will also be registered through electronic signing. The Wills Service does not register or hold any hard copies of the Wills. The Wills, in their electronic format, are considered to be the original Wills.

What document will I need when registering my Property Will?

The Property Will portal will prompt you to add the supporting information and documents that you will need in order to register your Property Will. This will include uploading a copy of your valid passport and Emirates ID (if applicable) together with copies of the valid passport of your chosen Witnesses.

You should also provide copies of any title deeds or other proof of ownership documents (e.g. Oqood) that you have for each of the properties that you wish to include in your Property Will.

All your real estate properties within the UAE, including in the free zones of the UAE, may be included in the Property Will, subject to the overall limit of five (5) properties at any one time.

Where can I get assistance when making my Property Will?

The Wills Service is not in the position to provide any legal advice or assist you in preparing your Property Will. If you require assistance in preparing your Will online, please refer to the register of Wills Draftsmen on our website (https://www.difccourts.ae/difc-courts-wills/wills-draftsmen). You may engage the services of any lawyer from the register of Wills Draftsmen.

If you have procedural questions regarding the preparation and registration of your Will, please contact the Wills Service by phone on +971 (0) 4 404 8888 or by email on WillsService@difccourts.ae.

What if I purchase one or more properties after my Property Will has been registered at the Registry?

A Property Will can only include real estate 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 signing and registering a new Property Will, to ensure that your Will covers all your intended property.

The fee for modifying your Property Will in these circumstances is AED 550. A full list of the Fee Schedule is available on our website on https://www.difccourts.ae/about/fees. Article IX of the Fee Schedule specifically refers to the fees associated with the Wills Service.

What happens if I wish to change my executors and beneficiaries once I have registered my Property Will?

If you wish to change any part of your Property Will after it has been registered, you must modify and register a new Property Will using the online portal.

The fee for modifying your Property Will in these circumstances is AED 550. A full list of the Fee Schedule is available on our website on https://www.difccourts.ae/about/fees. Article IX of the Fee Schedule specifically refers to the fees associated with the Wills Service.

Business Owners Will

What is a Business Owners Will?

The DIFC Courts Business Owners Will enables eligible Testators to cover up to five (5) separate shareholdings that they may own in any free zone and UAE onshore company situated within the UAE.

Is a Business Owners Will suitable for me?

The requirements to register a DIFC Courts Business Owners Will are:

  1. You are not Muslim and have never been a Muslim
  2. You are at least 21 years of age
  3. You own shares in a free zone or UAE onshore company incorporated in the UAE and established in accordance with UAE Federal Law.

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, or if you wish to pass on any other type of assets owned by you, then you would need to draft and register a DIFC Courts Full Will.

How do I make a Business Owners Will?

The Business Owners Will must be prepared using the online template form on the Wills Service portal on the website (https://www.difccourts.ae/difc-courts/services#wills_service). Make the selection for 'Business Owners Will' and complete the information on each page that is prompted.

Once all the mandatory information is entered, the draft of your Business Owners Will will be ready and you will be directed to book a registration appointment on the same portal.

What must I consider when making a Business Owners Will?

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 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 Wills Draftsmen on the website https://www.difccourts.ae/difc-courts-wills/wills-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 Wills Service portal, you will be asked to include the full details of two (2) individuals over the age of 21 years who can act as your Witnesses at your Will signing appointment. Please ensure that you have their full personal and contact details available and you will also need to upload a copy of their valid passport or Emirates ID or any other government issued photo ID in order to proceed booking your Will registration appointment.

Your Witnesses should not be a beneficiary or spouse of a beneficiary named in your Business Owners Will.

Please note, you may log in and out of the Wills Service Portal to obtain the required information and documents and complete your Business Owners Will in your own time.

Do I need a lawyer to prepare a Business Owners Will?

Your Will represents an extremely valuable and important legal document and, though not mandatory, you are strongly advised to consider taking legal advice in its preparation. Should you wish to engage a qualified legal representative to complete a Business Owners Will on your behalf, please refer to the register of Wills Draftsmen on our website (https://www.difccourts.ae/difc-courts-wills/wills-draftsmen).

As a Business Owners Will is prepared through the Wills Service online template portal, you may visit the website (https://www.difccourts.ae/difc-courts/services#wills_service) and select the 'Business Owners Will' option to begin the process. You will be prompted with entering the information required in order to complete the Business Owners Will. Once all the mandatory information has been inputted, and the portal prepares the draft Will for you, you will be directed to the booking and payment page to confirm your appointment to sign the Will.

How do I register my Business Owners Will at the Registry?

To complete the registration of your Business Owners Will, you must first prepare the Will using the Wills Service online template portal on the website (https://www.difccourts.ae/difc-courts/services#wills_service).

Once all the mandatory information has been inputted, and the portal prepares the draft Will for you, you will be directed to the booking and payment page to confirm your appointment to sign the Will. Closer to the appointment date, you and your two Witnesses will receive a link for a video conferencing call to complelte the Will signing electronically. Further details will be provided in an email to assist you in preparing for your appointment.

All DIFC Courts Wills are registered through electronic signatures. You may complete the registration virtually from any part of the world. Alternatively, you may visit our office in person for the signing. Please note, however, Wills signed in our office will also be registered through electronic signing. The Wills Service does not register or hold any hard copies of the Wills. The Wills, in their electronic format, are considered to be the original Wills.

What documents will I need when registering my Business Owners Will?

The Business Owners Will portal will prompt you to add the supporting information and documents that you will need in order to register your Business Owners Will. This will include uploading a copy of your valid passport and Emirates ID (if applicable) together with copies of the valid passport of your chosen Witnesses.

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.

Where can I get assistance when making my Business Owners Will?

The Wills Service is not in the position to provide any legal advice or assist you in preparing your Business Owners Will. If you require assistance in preparing your Will online, please refer to the register of Wills Draftsmen on our website (https://www.difccourts.ae/difc-courts-wills/wills-draftsmen). You may engage the services of any lawyer from the register of Wills Draftsmen.

If you have procedural questions regarding the preparation and registration of your Will, please contact the Wills Service by phone on +971 (0) 4 404 8888 or by email on WillsService@difccourts.ae.

What if I purchase or acquire additional shareholdings after my Business Owners Will has been registered at the Registry?

A Business Owners Will can only include up to five (5) separate shareholdings that you own in any free zone or UAE onshore company incorporated in the UAE and established in accordance with UAE Federal Law.

If you purchase or acquire additional shareholdings (that are eligible) after registering your Business Owners Will, you must modify your existing Business Owners Will by registering a new Business Owners Will, to ensure that your Will covers your intended interests.

The fee for modifying your Business Owners Will in these circumstances is AED 550. A full list of the Fee Schedule is available on our website on https://www.difccourts.ae/about/fees. Article IX of the Fee Schedule specifically refers to the fees associated with the Wills Service.

What happens if I wish to change my executors and beneficiaries once I have registered my Business Owners Will?

If you wish to change any part of your Business Owners Will after it has been registered, you must modify and register a new Business Owners Will using the online portal.

The fee for modifying your Business Owners Will in these circumstances is AED 550. A full list of the Fee Schedule is available on our website on https://www.difccourts.ae/about/fees. Article IX of the Fee Schedule specifically refers to the fees associated with the Wills Service.

Will my existing Free Zone Company Will cover my UAE onshore company shareholdings?

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 or acquire any new UAE onshore or free zone company shareholdings and wish to add them to your Free Zone Company Will, you must modify your existing Will to cover the interests that you would like to protect. Any existing Free Zone Company Will, if modified, will be registered as a Business Owners Will.

The fee for modifying your Will in these circumstances is AED 550. A full list of the Fee Schedule is available on our website on https://www.difccourts.ae/about/fees. Article IX of the Fee Schedule specifically refers to the fees associated with the Wills Service.

Financial Assets Will

What is a Financial Assets Will?

The DIFC Courts Financial Assets Will enables eligible Testators to cover up to ten (10) bank and/or brokerage accounts that they may own within the UAE.

Is a Financial Assets Will suitable for me?

To register a Financial Assets Will, the Testator must be a non-Muslim, who is at least 21 years of age and has bank and/or brokerage accounts that are registered in the Testator's 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 register a DIFC Courts Full Will.

If you wish to pass on any other assets, besides bank and/or brokerage accounts, owned by you, this can only be achieved through a DIFC Courts Full Will.

How do I make a Financial Assets Will?

The Financial Assets Will must be prepared using the online template form on the Wills Service portal on the website (https://www.difccourts.ae/difc-courts/services#wills_service). Make the selection for 'Financial Assets Will' and complete the information on each page that is prompted.

Once all the mandatory information is entered, the draft of your Financial Assets Will will be ready and you will be directed to book a registration appointment on the same portal.

What must I consider when making a Financial Assets Will?

You will need to know/consider the following before completing your Financial Assets Will:

– 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 Wills Draftsmen (https://www.difccourts.ae/difc-courts-wills/wills-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 Wills Service portal, you will be asked to include the full details of two (2) individuals over the age of 21 years who can act as your Witnesses at your Will signing appointment. Please ensure that you have their full personal and contact details available and you will also need to upload a copy of their valid passport or Emirates ID or any other government issued photo ID in order to proceed booking your Will registration appointment.

Your Witnesses should not be a beneficiary or spouse of a beneficiary named in your Financial Assets Will.

Please note, you may log in and out of the Wills Service Portal to obtain the required information and documents and complete your Financial Assets Will in your own time.

Do I need a lawyer to prepare a Financial Assets Will?

Your Will represents an extremely valuable and important legal document and, though not mandatory, you are strongly advised to consider taking legal advice in its preparation. Should you wish to engage a qualified legal representative to complete a Financial Assets Will on your behalf, please refer to the register of Wills Draftsmen on our website (https://www.difccourts.ae/difc-courts-wills/wills-draftsmen).

As a Financial Assets Will is prepared through the Wills Service online template portal, you may visit the website (https://www.difccourts.ae/difc-courts/services#wills_service) and select the 'Financial Assets Will' option to begin the process. You will be prompted with entering the information required in order to complete the Financial Assets Will. Once all the mandatory information has been inputted, and the portal prepares the draft Will for you, you will be directed to the booking and payment page to confirm your appointment to sign the Will.

How do I register my Financial Assets Will?

To complete the registration of your Financial Assets Will, you must first prepare the Will using the Wills Service online template portal on the website (https://www.difccourts.ae/difc-courts/services#wills_service).

Once all the mandatory information has been inputted, and the portal prepares the draft Will for you, you will be directed to the booking and payment page to confirm your appointment to sign the Will. Closer to the appointment date, you and your two Witnesses will receive a link for a video conferencing call to complelte the Will signing electronically. Further details will be provided in an email to assist you in preparing for your appointment.

All DIFC Courts Wills are registered through electronic signatures. You may complete the registration virtually from any part of the world. Alternatively, you may visit our office in person for the signing. Please note, however, Wills signed in our office will also be registered through electronic signing. The Wills Service does not register or hold any hard copies of the Wills. The Wills, in their electronic format, are considered to be the original Wills.

What documents will I need when registering my Financial Assets Will?

The Financial Assets Will portal will prompt you to add the supporting information and documents that you will need in order to register your Financial Assets Will. This will include uploading a copy of your valid passport and Emirates ID (if applicable) together with copies of the valid passport of your chosen Witnesses.

You may also provide copies of any bank statements that you wish to for each of the bank and/or brokerage accounts that you wish to include in your Financial Assets Will.

All your bank and/or brokerage accounts within the UAE may be included in the Financial Assets Will, subject to the overall limit of ten (10) bank and/or brokerage accounts at any one time.

Where can I get assistance from when making my Financial Assets Will?

The Wills Service is not in the position to provide any legal advice or assist you in preparing your Financial Assets Will. If you require assistance in preparing your Will online, please refer to the register of Wills Draftsmen on our website (https://www.difccourts.ae/difc-courts-wills/wills-draftsmen). You may engage the services of any lawyer from the register of Wills Draftsmen.

If you have procedural questions regarding the preparation and registration of your Will, please contact the Wills Service by phone on +971 (0) 4 404 8888 or by email on WillsService@difccourts.ae.

What if I acquire additional bank or brokerage accounts after my Financial Assets Will has been registered at the Registry?

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.

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 signing and registering a new Financial Assets Will, to ensure that your Will covers your intended interests.

The fee for modifying your Financial Assets Will in these circumstances is AED 550. A full list of the Fee Schedule is available on our website on https://www.difccourts.ae/about/fees. Article IX of the Fee Schedule specifically refers to the fees associated with the Wills Service.

What happens if I wish to change my executors and/or beneficiaries once I have registered my Financial Assets Will?

If you wish to change any part of your Financial Assets Will after it has been registered, you must modify and register a new Financial Assets Will using the online portal.

The fee for modifying your Financial Assets Will in these circumstances is AED 550. A full list of the Fee Schedule is available on our website on https://www.difccourts.ae/about/fees. Article IX of the Fee Schedule specifically refers to the fees associated with the Wills Service.

Guardianship Will

Can I appoint guardians of my children in my Will?

You can appoint both temporary/interim and permanent guardians for your minor children in your Guardianship Will or Full Will.

Please note that guardians cannot be appointed in a Property Will, Business Owners Will or a Financial Assets Will.

What is an Interim guardian?

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.

What is a Permanent guardian?

A permanent guardian is an individual that is appointed to take care of your child or children permanently or long term.

Are there any restrictions as to who I can appoint to be an Interim or Permanent guardian?

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 Wills Draftsmen (https://www.difccourts.ae/difc-courts-wills/wills-draftsmen) to aid you in your decision.

Other Questions

What should my family do in the event of my death?

In the event of your death, your executor should contact the DIFC Courts (probate@difccourts.ae) with a copy of the death certificate, following which they will be guided through the Probate process.

For further information on Probate, please visit the Probate section on the website https://www.difccourts.ae/difc-courts/services/probate.

How long does it take to obtain a Grant of Probate and administer my estate?

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 is in possession of this information, and the case is straightforward, a Grant of Probate is normally issued within a matter of a few weeks.

Do I need to appoint a legal practitioner to obtain a Grant of Probate?

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.

How much does it cost for a Grant of Probate?

The fees associated with the Probate process are fixed and do not change with the value of the estate. A complete list of the Fee Schedule is available on the website https://www.difccourts.ae/about/fees.

What do I do if I am appointed as an executor of an estate?

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.

How long is my Will valid?

As per Part 3, paragraph 10 (16) of the Rules, the registered Will shall be kept in the Registry’s electronic system for 120 years from the date of birth of the Testator or for 10 years from the Grant, whichever is sooner.

What happens if I die without leaving a Will?

The laws of the local courts in the Emirate(s) where the assets are located will apply by default to anyone who dies without a DIFC Courts Will.

I'm non Muslim but my wife is Muslim, can we register a Will?

It is not advisable to register a DIFC Courts Will if an individual is a Muslim. Please seek appropriate legal advice for your personal situation. You may contact a lawyer from the register of DIFC Courts Wills Draftsmen from our website: https://www.difccourts.ae/difc-courts-wills/wills-draftsmen.

Where can Muslims register a Wills?

Please seek appropriate legal advice thorugh a lawyer who is familiar with UAE laws. You may also contact a lawyer from the register of DIFC Courts Wills Draftsmen from our website: https://www.difccourts.ae/difc-courts-wills/wills-draftsmen.

Where can I find a list of Wills Draftsmen?

The register of DIFC Courts Wills Draftsmen is available on our website: https://www.difccourts.ae/difc-courts-wills/wills-draftsmen.

Will you review my Will before we register it?

All Wills submitted online at the time of scheduling a Will registration appointment will be reviewed to ensure they comply with the minimum requirements of registration. However, please note, the DIFC Courts Wills Service team is not in a position to provide any legal advice. If you require legal advice, or assistance in Will drafting, please contact one of the registered DIFC Courts Wills Draftsmen from our website: https://www.difccourts.ae/difc-courts-wills/wills-draftsmen.

What are the charges for Wills Draftman?

Wills Draftsmen are not employed by the DIFC Courts. The Wills Draftsmen fees must be enquired with the lawyers or their offices. A list of Wills Draftsmen and the details of their firmsis available on our webite: https://www.difccourts.ae/difc-courts-wills/wills-draftsmen.

Can I come in person to register my Will?

All DIFC Courts Wills are registered through electronic signatures. You may complete the registration virtually from any part of the world. Alternatively, you may visit our office in person for the signing. Please note, however, Wills signed in our office will also be registered through electronic signing. The Wills Service does not register or hold any hard copies of the Wills. The Wills, in their electronic format, are considered to be the original Wills.

How can I register as a Draftsman?

Wills Draftsman application is accepted online through our website:  

How many times can I reschedule my appointment?

An appointment can be re-scheduled up to 3 times without incurring any additional fees.

I don't speak English can I have a translator to register my Will?

The DIFC Courts Wills Service presently does not accept translators or POA for Will signing appointments. Testators and Witnesses must have a basic grasp of the English language in order to complete the Will registration appointment successfully.