When someone passes away having registered a Will at the DIFC Courts Wills Registry for Non-Muslims, it is the responsibility of the person nominated in the Will (the ‘Executor’) to obtain the Order from the DIFC Courts (the ‘Probate Order’) to allow them to administer the estate of the deceased (a process referred to as ‘Probate’).
An application for a Probate Order is made directly to the Registry and a case file is opened. The documents are then reviewed by the allocated Case Progression Officer and if all is in order, the Probate Order and/or an Order appointing guardians (a ‘Guardianship Order’) are then granted.
If the Probate Order relates to assets outside of the DIFC, and for all Guardianship Orders, the Orders will require an ‘execution or enforcement stamp’ that is applied by the Dubai Courts. This administrative formality is the same requirement as for all Orders issued by the DIFC Courts and which are to be enforced outside the DIFC. The Executor(s) are then free to administer the estate of the deceased and take guardianship of children (if applicable) in accordance with the terms of the DIFC Courts Will. The DIFC Courts will also deal with any claims, further applications and objections that may arise during the Probate proceedings.
The entire Probate process is carried out in accordance with the DIFC Courts Wills and Probate Registry Rules and all other laws applicable in the DIFC.
For further information on the enforcement of Probate Orders and Guardianship Orders please refer to the enforcement guide produced on the DIFC Courts website.
Should you require more information on the Probate Process please contact the DIFC Courts.
The key documents to be used in connection with Probate applications are set out below.
For a copy of the rules governing the Wills Service and the Registry, including Probate matters click here.
The cost of undertaking Probate through the DIFC Courts is likely to be considerably less than alternative judicial routes. The UAE does not operate a system of estate or inheritance tax, and the only administrative costs that you are likely to incur when completing the Probate process via the DIFC Courts are:
In additional to the above fees, the Executor may wish to appoint third party professionals, including lawyers, to assist with the administration process. That would be at the discretion of the Executor and the need would reflect the size and/or complexity of the estate.
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