DIFC Wills and Probate Registry

DIFC Wills and Probate Registry: What You Need To Know

The recently established DIFC Wills & Probate Registry (the WPR) has commenced registering Wills
for non-Muslims with assets in the Emirate of Dubai (DIFC Wills) from May 2015.

This is a positive development for non-muslims with Dubai assets and introduces further certainty to the effectiveness of Wills executed in Dubai in respect of Dubai assets.

Benefits of the WPR

A key benefit of DIFC Wills are that they are governed by DIFC law and fall outside the jurisdiction of
Sharia law.

The Rules governing the WPR are modelled on the UK Estates Act and Probate Rules and are, therefore, likely to be familiar to many expats living in the UAE.

The execution of DIFC Wills is managed by the DIFC Courts and requires no applications to be made in the Dubai Courts.

There is no estate tax levied on Dubai assets distributed under the WPR Rules.

DIFC Wills can be limited to guardianship provisions or can include provisions relating to assets and guardianship.

Significantly, the WPR specifically covers real property. This is a signficiant benefit over and above the existing regime, which arguably does not remove real property from distribution in accordance with Sharia principles. We would expect all owners of real property in Dubai to consider putting in place a DIFC Will for this reason.

Please note that the standard transfer fee of 4% would apply to real estate transferred to a benefiary of a DIFC Will.

Additional advantages of DIFC Wills registered with the WPR are that documents only need to be drafted in English, thus eliminating translation fees, and they do not need to be signed by the testator at the Dubai Notary, with execution of DIFC Wills occurring before a WPR official.

Interaction and Enforceability

While DIFC Wills may be registered with the WPR by non-UAE residents, it is important to understand that the WPR only covers property (including real property) located in Dubai.

Status of Wills Registered Under the Current System

For those who have executed Wills before the Dubai Courts, these will continue to have effect. However, and for those non-muslims who own real property in Dubai, there is the option to replace existing Dubai Courts Wills with DIFC Wills. In this situation, the DIFC Will would supercede the existing Dubai Courts Will, once executed and registered with the WPR.

Costs

The DIFC costs for putting in place DIFC Wills are as follows

*Please note the above costs exclude our legal fees and we will discuss pricing options with you on request.

If you would like further information in respect of putting in place a DIFC Will then please contact Andrew Morris (Andrew@bankslegal.com) or Nathan Banks (Nathan@bankslegal.com).

Note: Banks Legal Consultancy is a Part 1 registered Law Firm with the DIFC Courts and authorised to obtain grants of probate and orders before the DIFC Courts.

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