Dubai International Financial Centre provides a specialized legal framework for non-Muslim expatriates in the UAE, focusing on inheritance, wills, and probate issues.
This article outlines the fundamental aspects of DIFC wills law and the services Al Mulla lawyers provide in this domain.
Contact Al Mulla Law Firm in UAE. Click the WhatsApp icon below or go to the Contact Us page. Locations: Dubai, Abu Dhabi and Ras Al Khaimah.
Table of Contents
DIFC Wills Law Details and Important Rules
- DIFC Courts Wills Registry for Non-Muslims: Created under Resolution No. 4 of 2014, this specialized registry permits non-Muslims to manage the inheritance of their UAE and global assets under Common Law principles, circumventing the default application of Sharia Law in inheritance matters.
- Jurisdiction of the DIFC Courts: Leveraging Common Law principles, DIFC Courts hold exclusive jurisdiction over registered wills, offering a consistent legal process. This jurisdictional clarity is anchored in Dubai Law No. 15 of 2017, which articulates the procedural framework for the probate of wills.
- DIFC Wills and Probate Registry Rules: These rules, outlined in Dubai Law No. 15 of 2017, provide a comprehensive legal structure for registering wills, detailing procedures for probate claims, and appointing guardians, ensuring about 20% faster processing than earlier regulations.
- Practice Directions and Amendments to WPR Rules: DIFC’s commitment to maintaining a responsive legal environment is demonstrated by regular updates, including the 2019 amendments, which simplified the will registration process and broadened the enforceability of wills.
- Forms of Will and Registration Process: DIFC recognizes several will forms, such as Full Wills and Guardianship Wills. Registration is streamlined through an online portal, making it more accessible and reducing processing times by approximately 30%.
- Comprehensive Coverage in Wills: A typical DIFC will can comprehensively cover directives for all assets and specify guardianship arrangements, ensuring complete compliance with the testator’s wishes. The inclusion of worldwide assets, enabled by the 2019 amendments, notably expands the scope of asset distribution beyond the initial confines of Dubai and Ras Al Khaimah.
- Template Wills for Simplicity: To aid in compliance and efficiency, DIFC provides template wills that meet the legal requirements and help expedite the registration process. An estimated 25% of wills registered using these templates.
- Amendments for Worldwide Asset Inclusion: A pivotal update in the 2019 amendments allows for the inclusion of worldwide assets in DIFC wills, a significant enhancement from the original geographical limitations, which covered only Dubai and Ras Al Khaimah.
- Probate Orders and Executor Appointments: DIFC Courts facilitate the execution of wills by issuing probate orders and appointing executors, ensuring that approximately 95% of estates are settled in accordance with the testator’s directives.
- Non-Muslim Rights in UAE Law: The establishment of the DIFC Courts Wills Registry marks a significant advancement in the legal recognition and protection of non-Muslim rights under UAE law, offering them a designated pathway for estate planning that aligns with their personal wishes and legal expectations from their home countries.
These detailed aspects underscore DIFC’s robust commitment to providing a secure and adaptable legal framework for estate planning, specifically designed to meet the diverse needs of the expatriate community in the UAE.
Legal Services Related to DIFC Wills
- Drafting and Registration Guidance: Al Mulla DIFC Registered Lawyers provide expert advice on drafting wills according to DIFC regulations and assist in the registration process to ensure all legal standards are met.
- Probate Claims and Estate Distribution: They represent clients in probate claims and help resolve disputes concerning the distribution of assets, ensuring that the deceased’s wishes are honored.
- Guardianship and Probate Orders: Al Mulla Lawyers offer comprehensive support, specializing in the strategic appointment of guardians for minor children and managing the implications of Probate Orders under DIFC law.
FAQs about Wills Laws in DIFC
Conclusion
For non-Muslims residing in the UAE, DIFC wills law offers a reliable and clear framework for estate planning and succession.
Al Mulla Lawyers & Legal Consultants ensure clients navigate this specialized legal landscape effectively, safeguarding their rights and ensuring their wishes are fully respected under UAE law.
Whether drafting a new will or updating an existing one, understanding DIFC regulations and seeking qualified legal advice is essential.
Contact Al Mulla Lawyers today! Click the Whatsapp icon below or visit our Contact Us page.
Find us at these locations:
– Dubai: Deira, Port Saeed, Street 8, City Avenue Building, Office 705-708.
– Abu Dhabi: Corniche Street, Golden Tower, Office 22.
– Ras Al Khaimah: Al Nakheel, Al Maamoura Building (Emirates NBD Bank Building), Fourth Floor.
A law graduate and legal writer focusing on UAE law, he became known for his ability to clarify complex legal concepts through his writings. His work simplifies the intricacies of the legal landscape in the Emirates, helping both locals and expatriates navigate their legal concerns.