DIFC WPR
The main objective of the DIFC Wills and Probate Registry (DIFC WPR) is to provide clarity on succession and inheritance matters for non-Muslims holding assets in Dubai and Ras Al Khaimah (RAK). This initiative is considered a significant advancement for the jurisdiction.
Here are the essential characteristics and processes of the DIFC WPR.
Who Needs It? and Why?
Dubai’s Law No. (15) of 2017 was created with the aim of controlling the inheritance process, Wills, and probate for non-Muslims. The law requires any non-Muslim individual who is 21 years old and above and has assets in Dubai, whether movable or immovable, or has children below 21 years old, to draft a Will.
Individuals who are not Muslims and are above the age of 21 with assets located in Dubai and Ras Al Khaimah can participate in the DIFC WPR. However, Muslims are not eligible to participate in this program.
Additionally, in case the individual who has passed away has children who are not of legal age (below 21 years), it is necessary to designate preferred legal guardians through a registered Will. Otherwise, Sharia Law Will be enforced. Under Sharia Law, one’s wife does not automatically become the legal guardian of any minor children.
Furthermore, the Law of Personal Status states in Article 1(2) that non-Muslim expats who possess assets in the UAE have the option to establish a Will under the legislation of their country of origin. Doing so allows them to control the distribution of their UAE estate, rather than being subject to Sharia-based regulations. Nonetheless, in order to be effective, the Will must adhere to formal legal procedures and be validated by the Inheritance Court. The process can be made more efficient if the expat has previously had the Will translated into Arabic and legally certified in the UAE.
The regulations establish a clear legal framework for the transfer of a person’s assets after they pass away and the designation of guardians for their offspring. This not only enables people to have the liberty to distribute their assets as they desire, but it also ensures that their estate Will be distributed as per their preferences, giving them a sense of reassurance.
Types of DIFC Wills
The DIFC WPR permits the registration of various types of Wills, which include:
- Full Will: This type of Will covers all movable and immovable assets, as well as guardianship provisions.
- Property Will: It covers up to 5 real estate properties.
- Guardianship Will: This type of Will includes guardianship provisions for minors below the age of 21.
- Business owners Will: It covers up to 5 different companies.
- Financial assets Will: This type of Will covers shares in up to 10 different bank accounts.
In case the testator wants to register a Will along with their spouse, mirror Wills are also available.
Requirements to Register a Will
It is recommended to seek legal advice before registering a Will directly with the DIFC WPR, as the rules are intricate and the DIFC WPR does not offer any legal guidance.
The following information is typically required when drafting a Will:
- The applicant’s nationality, religion, and identification documents (only non-Muslims over the age of 21 can register a DIFC Will).
- A family tree (including adopted and step-children).
- A comprehensive list of assets.
- Details of the executor and any substitute executors.
- Information about beneficiaries and their entitlements.
- Details of any guardians if the applicant wishes to make a guardianship order with the Will.
- A record of monetary or gifting details intended for a particular recipient.
You can schedule an appointment through the website ww.difcprobate.ae to register your Will. During the registration process, a registry officer and a witness selected by the testator Will be present to execute the Will. The original copy of the Will is kept electronically at the DIFC WPR.
Converting to Islam Following Will Creation
In the event that the person who created the DIFC Will converts to Islam after its registration, the DIFC WPR Regulations Will no longer be valid and the estate Will be handled in accordance with the laws of the United Arab Emirates, specifically Sharia Law.
Contact Us
Losing a family member is a distressing occurrence, but it can be even more overwhelming if the deceased foreigner didn’t leave a legally registered Will in the UAE. It is advisable to seek legal counsel and support regarding DIFC WPR. You can contact Dawia Family Office for assistance, and we Will ensure a hassle-free process for you.
Sources
https://www.thenationalnews.com/business/money/difc-Wills-now-cover-uae-wide-and-global-assets-1.892940?utm_source=paid+google&utm_medium=paidsearch&utm_campaign=us+uk+always+on&utm_term=&gclid=CjwKCAjwyeujBhA5EiwA5WD7_XWAf_rS2vNcoqvGcvjaYIrFIjapuQAYqqqkUyBvQALxMH04xR5WmhoCFC0QAvD_BwE
https://www.legalinz.com/blog/powers-of-executors-under-difc-wpr-rules/
https://www.difccourts.ae/difc-courts-Wills/rules-directions
https://invest.dubai.ae/en/-/how-to/registering-your-Will-in-dubai
https://www.tamimi.com/law-update-articles/inheritance-issues-in-the-uae/