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Wills Registry for Non-Muslims

Probate

The administration of a deceased's estate (a process referred to as 'probate') for someone who had registered their Will at the DIFC Courts' Wills Registry for Non-Muslims (the 'Registry'), is undertaken by the person(s) nominated in the Will for this purpose (the 'Executor(s)'). They must first file an application at the Registry (in the prescribed form - see below) for a Grant of Probate and pay the appropriate fee.

Upon receipt of the application form and associated paperwork, the Registry will assign a Case Progression Officer to be the Executors' point of contact for all dealings throughout the probate proceedings. This includes, if applicable, the submission of a Grant of Probate or Guardianship Order to the Dubai Courts for 'conversion' to a Dubai Courts' judgement. This administrative formality (established pursuant to the 'Protocol of Enforcement' between the DIFC Courts and the Dubai Courts) allows the Executor to deal directly with the Execution Department of the Dubai Courts. It is this Department which will then instruct the authorities relevant to the deceased's assets (such as Dubai Land Department, free zone authorities and financial institutions) to distribute the estate assets in accordance with the terms of the DIFC Will and give directions on guardianship arrangements, if applicable.

The Executor(s) may wish to seek full legal assistance in administering an estate. If this is the case they can instruct a lawful attorney to file an application at the Registry (in the prescribed form) for a Grant of Probate. This will be issued to the lawful attorney for the use and benefit of the Executor(s) allowing the lawful attorney to administer the deceased's estate.

The Executor(s) may wish to file an application at the Registry for a Grant of Probate and seek legal assistance in relation to some matters relating to the probate proceedings. In this case, the Executors(s) may still file the application however a Power of Attorney can be put in place to appoint their lawful attorney to assist where necessary. A Power of Attorney must be prepared by a lawful attorney.

Probate is carried out in accordance with the DIFC Wills and Probate Registry Rules (the 'Rules') and all other laws applicable in the DIFC. The Rules govern the Wills Service, the Registry and the DIFC Courts and a copy of the Rules can be located here.

The DIFC Courts will, in the first instance, deal with any claims, further applications and objections that may arise during probate proceedings.

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The content of the DIFC Courts website is provided for information purposes only and should be disregarded when making decisions on inheritance and any other matters. Whilst every reasonable effort is made to make the information and commentary accurate and up to date, the DIFC Courts makes no warranties or representations to you as to the accuracy, authenticity or completeness of the content on this website, which is subject to change at any time without notice. The information and commentary does not, and is not intended to, constitute legal advice by the DIFC Courts or any person employed or connected with it or formerly so employed or connected, to any person on any matter, be it in relation to inheritance, succession planning or otherwise. You are strongly advised to obtain specific, personal advice from a suitably qualified lawyer in relation to your personal circumstances and your objectives. The DIFC Courts does not assume any liability and shall not be liable to you for any damages, including but not limited to, direct or indirect, special, incidental or consequential damages, losses or expenses arising in connection with this website, its administration and any content or lack thereof found on it. The information on this web site is not to be displayed except in full screen format. Although care has been taken to provide links to suitable material from this site, no guarantee can be given about the suitability, completeness or accuracy of any of the material that this site may be linked to or other material on the internet. The DIFC Courts cannot accept any responsibility for the content of material that may be encountered therein.