Estate Planning: The Benefit of Registering a Will in the DIFC
Corporate Structuring / UAE
Estate planning is paramount to ensuring your assets are distributed according to your precise wishes and, crucially, that your loved ones are protected when you are no longer able to provide for them.
Law Update: Issue 377 – English Law
Izabella SzadkowskaPartner,Corporate Structuring
Nima MoshggooAssociate,Corporate Structuring
Sabeeha MoollaKnowledge Lawyer,Corporate Structuring
A last will and testament is a critical legal document that allows you to determine how your estate is managed and distributed after your death. Despite its importance, many expatriates in the UAE still do not have a will in place. Without a will, decisions about your assets and guardianship of your children are left to local courts and laws, often resulting in outcomes that may not align with your wishes. This can create significant difficulties for your loved ones, both financially and emotionally, during an already challenging time.
The absence of a registered will in the UAE upon an individual's passing precipitates the immediate freezing of all bank accounts, including joint holdings, thereby denying surviving spouses and legal heirs immediate access to necessary funds. These accounts remain inaccessible until the UAE courts issue formal directives and all financial obligations, irrespective of their extent, are discharged. The subsequent distribution of assets adheres to intestate succession laws, a process that can extend over months. This delay can cause significant hardship for the bereaved, notably when dependent minor children require financial support from these frozen assets.
Furthermore, intestate succession dictates the guardianship of minor children according to Sharia law, irrespective of the family's nationality. Consequently, the default legal guardian is typically the closest male relative on the deceased father's side, even if the mother is living. For instance, a paternal grandfather may be appointed guardian, potentially contravening the parents' intentions. Executing a registered will, particularly a Guardianship Will, offers the crucial ability to nominate preferred guardians, thereby precluding such complexities and ensuring the children's welfare aligns with parental wishes.
Estate planning is paramount to ensuring your assets are distributed according to your precise wishes and, crucially, that your loved ones are protected when you are no longer able to provide for them. In the UAE, non-Muslim expatriates have the option to register wills with either the Abu Dhabi Courts or the Dubai International Financial Centre (DIFC) Courts. The DIFC Wills Service, underpinned by the robust legal foundation of Dubai Law No. 15 of 2017, as updated by Law No. (2) of 2025, provides a compelling and internationally respected legal framework specifically designed for non-Muslims.
A Solid Legal Foundation: Operating under an independent, common law-based legal system, the DIFC ensures your will benefits from a framework known for its clarity and efficiency in recognition and enforcement. This provides invaluable certainty for both your estate and your beneficiaries.
Unparalleled Flexibility in Asset Coverage: Since the pivotal 2019 amendments, DIFC Full Wills offer the considerable benefit of encompassing worldwide assets, extending beyond those situated solely in the UAE. This comprehensive flexibility allows you to include all your properties, investments, business interests, and personal belongings, regardless of their global location.
Empowering Your Choices: Executors and Guardians: A DIFC will empowers you to appoint trusted executors to expertly manage your estate and designate guardians to provide care for your minor children. This ensures your specific intentions are meticulously honored and provides crucial stability for your family during a challenging time.
Maintaining Confidentiality and Privacy: The DIFC adheres to strong confidentiality provisions, safeguarding the privacy of your estate details and the identities of your beneficiaries. This discretion is particularly valuable for individuals who prioritize the confidentiality of their financial affairs.
Exercising Control: Avoiding Intestate Succession: By registering a DIFC will, you retain complete control over the distribution of your estate. This crucial step allows you to avoid the default application of Sharia-based intestate succession rules, which may not align with your personal wishes and could lead to unintended outcomes.
Streamlined Registration and Probate Processes: The DIFC Wills Service offers different types of wills, including Full Wills, Guardianship Wills, Property Wills, Business Owners Wills, and Financial Assets Wills. Importantly, the registration process has been significantly streamlined and is now conveniently accessible online. This enhancement reduces processing times, making it easier and more efficient for expatriates to secure the protection of their assets and the well-being of their families.
To guarantee the legal validity of your DIFC will, it must be meticulously drafted either by you, the testator, or by a duly registered wills draftsman. Failure to adhere to the specific regulations set forth by the DIFC can unfortunately render your will null and void, negating its intended purpose.
Eligibility for DIFC Will Registration: Any non-Muslim individual who has attained the age of 21 years or older is eligible to register a will with the DIFC.
Scope of Asset Coverage: A comprehensive Full Will registered with the DIFC can encompass all of your assets, regardless of their geographical location worldwide.
Necessity of Legal Counsel: While not a strict legal requirement, engaging the expertise of a legal professional is strongly advised. This ensures your will is drafted in full compliance with all current DIFC rules and regulations, minimizing the risk of future complications.
Timeline for Registration: The DIFC has implemented a significantly streamlined registration process, which can now be completed efficiently online. This updated system offers notably faster processing times compared to previous regulations.
For expatriates residing in the UAE, registering a will with the DIFC in 2025 presents a secure, remarkably flexible, and internationally respected pathway to safeguarding their assets and ensuring the well-being of their loved ones. The DIFC's robust legal framework, its expanded jurisdictional authority, and its increasingly streamlined procedures firmly establish it as the preferred choice for non-Muslims seeking comprehensive and reliable estate planning solutions. However, the paramount importance of ensuring your will is meticulously drafted and correctly registered cannot be overstated. This crucial step is essential to proactively avoid potential delays, costly disputes, and unintended outcomes for your family during a sensitive time.
If you are considering estate planning in the UAE, kindly reach out to our specialist team that offers tailored consultation to guide you through the complexities of will registration, ensuring your will is legally sound and tailored to your specific needs. With deep expertise in both DIFC and UAE inheritance regulations, we can help you avoid costly mistakes and ensure your assets, including digital wealth, are protected and distributed according to your wishes.
For further information,please contact Izabella Szadkowska, Nima Moshggoo, and Sabeeha Moolla.
Published in May 2025
