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DIFC Wills

DIFC Wills, formally known as “DIFC Wills and Probate Registry,” are legal instruments that allow non-Muslim expatriates residing in Dubai to specify how their assets and properties should be distributed in the event of their passing.

Drafting a will that falls under the jurisdiction of the Dubai International Financial Centre (DIFC) can offer several benefits.

A DIFC will ensures that your assets located within the DIFC jurisdiction are distributed according to your wishes, providing clarity and legal certainty for your beneficiaries.

DIFC wills are recognized internationally, which can be particularly beneficial if you have assets or beneficiaries residing in different countries. This helps avoid potential conflicts of laws that may arise with multiple jurisdictions.

The probate process is streamlined, potentially saving time and costs for your beneficiaries. The DIFC Wills Service Centre provides a specialized framework for the registration and enforcement of wills, which can expedite the administration of your estate.

There is also flexibility in terms of asset distribution, allowing you to tailor your will to your specific circumstances and preferences. This can include provisions for trusts, guardianship of minors, and other complex arrangements.

DIFC wills offer a degree of confidentiality, as they are registered with the DIFC Wills Service Centre rather than being filed in public court records. This can help protect the privacy of your financial affairs and family arrangements.

The DIFC Wills Service Centre provides professional expertise and guidance throughout the will drafting process, ensuring that your will complies with DIFC laws and regulations. This can help avoid potential errors or challenges to the validity of your will.

There are a number of wills you can draft through the DIFC Courts, including:

• Full Will
• Property Will
• Financial Assets Will
• Business Owners Will
• Guardianship Will

When planning a will through the DIFC Courts, you should consider what your circumstances are, such as whether the will should need guardianship provisions as well as assets or not and your marital status, for example.

It is important to seek legal advice when drafting a will. Laws surrounding wills and estates vary by jurisdiction and can be highly complex. A legal professional can ensure that your will complies with all relevant laws, minimizing the risk of it being contested or deemed invalid. A lawyer can also help tailor your will to your specific circumstances and wishes. They can advise on how best to distribute your assets, minimize taxes, and address any unique family situations or concerns.

DIY wills or using generic templates can lead to mistakes or ambiguities that may cause issues down the line. Legal experts have the experience to draft clear and precise language, reducing the likelihood of misunderstandings or disputes among beneficiaries.

If you have beneficiaries who are minors, have disabilities, or are otherwise vulnerable, a lawyer can help set up trusts or other arrangements to ensure their financial well-being and protection. Life circumstances can change, and it’s important to regularly review and update your will to reflect these changes. A lawyer can advise on when and how to make amendments to your will to ensure it remains valid and effective.

Ultimately knowing that your will has been drafted correctly by a legal expert can provide peace of mind that your wishes will be carried out smoothly and efficiently after your passing.

Contact Us

Monarch Solicitors are approved part 1 and 2 practitioners within the DIFC and can help you in the drafting of your will. Our committed team stands ready to offer the guidance and assistance necessary to meet your legal requirements efficiently. Book a consultation today to delve into your case and discover how we can help you accomplish your goals.

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FAQ

Most frequent questions and answers

A DIFC Will is a legal document that allows non-Muslim expatriates and investors residing in the UAE to distribute their Dubai-based assets according to their wishes, rather than the default application of Sharia law. It is specifically designed for assets located within Dubai, including real estate and financial investments. Individuals who own significant assets in Dubai or who wish to ensure that their estate is managed according to their personal desires upon their death should consider creating a DIFC Will.

Registering a will with the DIFC Wills Service Centre offers several key benefits:

  • Certainty: It provides certainty and peace of mind that your assets will be distributed according to your specified wishes without default application of local inheritance laws.
  • Protection: It helps protect the rights of your chosen heirs, ensuring that they receive their rightful inheritance without lengthy legal disputes or interference.
  • Efficiency: The process of executing a DIFC Will is streamlined, reducing the time and complexity involved in probate proceedings in Dubai.
  • Control: It allows you to have complete control over the distribution of your Dubai-based assets, which is particularly important for expatriates concerned about cross-border estate planning.

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