How to Register Your Will in DIFC as a Non-Muslim Expat

Introduction

For non-Muslim expatriates in the UAE, estate planning presents unique challenges due to the country’s adherence to Sharia law for inheritance matters. However, the Dubai International Financial Centre (DIFC) Wills Service Centre , established in 2015, offers a groundbreaking solution. This guide provides a detailed breakdown of DIFC will registration for non-Muslims, including eligibility criteria, step-by-step procedures, and case examples.

Legal Framework for DIFC Will Registration

DIFC Wills Service Centre

The DIFC Wills Service Centre is the first of its kind in the Middle East, allowing non-Muslim expatriates to dictate the distribution of their UAE-based assets. Governed by DIFC Wills and Probate Registry , it operates under common law principles rather than Sharia law.

Eligibility Criteria

To register a will with DIFC, applicants must:

Not be Muslim : Sharia law governs Muslim inheritance; DIFC applies only to non-Muslims.
Be at least 21 years old : Legal capacity to draft a will.
Own assets in Dubai or Ras Al Khaimah : Since 2019, DIFC wills can cover global assets.
Have minor children habitually resident in the UAE : For guardianship clauses.

Example : A UK expatriate owning property in Dubai can register a DIFC will to ensure their home is inherited by their spouse, bypassing Sharia’s default distribution rules.

Types of DIFC Wills

1. Full Will

Covers all assets, including real estate, businesses, bank accounts, and personal investments.

Global Coverage : Since 2019, can include worldwide assets.
Guardianship Clauses : Appoint legal guardians for minor children.

2. Property Will

Focuses on real estate in Dubai or Ras Al Khaimah.

Limits : Up to five properties or shares in properties.
Best For : Property owners seeking simplicity.

3. Guardianship Will

Allows expatriate parents to appoint guardians for minors.

Requirement : Children must reside in the UAE.
Benefit : Ensures children are cared for by trusted individuals.

4. Financial Assets Will

Covers bank accounts, investments, and financial instruments.

Limits : Up to ten accounts or shares in accounts regulated by the UAE Central Bank.

5. Business Owner’s Will

Tailored for entrepreneurs, covering shareholdings in UAE companies.

Scope : Up to five separate shareholdings in free zone or mainland entities.
Benefit : Structured succession for business interests.

Step-by-Step DIFC Will Registration Process

Step 1: Consult a Legal Expert

Engage a specialist like Tassheel Legal Docs to:

Ensure compliance with DIFC regulations.
Structure the will to protect assets while adhering to UAE laws.

Step 2: Draft the Will

Key components include:

Asset Details : Property deeds, bank statements, company shares.
Beneficiary Designations : Clear allocation of assets.
Guardianship Provisions : For minor children.
Executor Appointment : To administer the estate.

Pro Tip : Use bilingual (Arabic-English) documents for clarity.

Step 3: Submit via DIFC Online Portal

Required Files :
- Passport copies of testator and beneficiaries.
- Proof of asset ownership (e.g., property deeds, bank statements).
- Existing power of attorney (if applicable).

Step 4: Sign in Presence of Witnesses

Location : In-person at DIFC offices or virtual platforms.
Witness Requirements : Two witnesses, aged 21+, must attend.
Authentication : DIFC registers the will, making it legally binding.

Step 5: Receive Registration Confirmation

Processing Time : Typically completed within 2 business days.
Validity : Enforceable across UAE courts, recognized under Federal Decree-Law No. 46/2021 .

Required Documents for DIFC Will Registration

Passport Copies of testator and beneficiaries.
Proof of Asset Ownership :
- Property deeds for real estate.
- Bank statements for financial assets.
- Company share certificates for business interests.
Existing Power of Attorney (POA) : If delegating execution to an agent.
Marriage Certificate : To validate spouse’s claim.
Birth Certificates : For guardianship provisions.
Legal Residency Proof : UAE visa or residency permit.

Note : Documents must be in English or Arabic, with certified translations if necessary.

Legal Implications of DIFC Wills

UAE Court Recognition

DIFC wills are enforceable in UAE courts, ensuring:

Asset Distribution : According to the testator’s wishes.
Business Continuity : Smooth succession of company shares.
Guardianship Enforcement : Court-recognized care for minors.

Comparison: DIFC vs. UAE Court Wills

Aspect	DIFC Will	UAE Court Will
Governing Law	Common Law (English principles)	Sharia Law (fixed inheritance shares)
Language	English (no translation required)	Arabic (translation needed for foreign wills)
Asset Coverage	Global (since 2019)	UAE assets only
Guardianship Clauses	Explicitly permitted	Complex under Sharia law
Probate Process	Conducted in English	Requires Arabic translations

Case Example : A UAE-based investor registered a DIFC will to ensure their business shares were inherited by their daughter, avoiding potential disputes under Sharia law.

Common Challenges and Solutions

1. Asset Verification Delays

Issue : Missing property deeds or bank statements.
Solution : Use Tassheel Legal Docs’ checklist to prepare files in advance.

2. Guardianship Uncertainty

Issue : Sharia law may override guardianship appointments.
Solution : DIFC wills legally enforce parental choice.

3. Cross-Jurisdictional Conflicts

Issue : Home country wills may conflict with UAE laws.
Solution : Register a DIFC will to supersede foreign documents.

4. Language Barriers

Issue : Arabic-only requirements for UAE Court wills.
Solution : DIFC accepts English documents, simplifying compliance.

5. Probate Delays

Issue : UAE Court proceedings take months/years.
Solution : DIFC probate is completed within 3–6 months.

Case Study: Securing a DIFC Will After Loss of a Loved One

Client’s Situation :
Ahmed (name changed) lost his brother, a UAE resident owning a trading company. The brother’s UK will was rejected by UAE courts, freezing assets and halting business operations.

Our Solution

We guided Ahmed through:

DIFC Will Registration : Drafted a new will aligning with the brother’s wishes.
Asset Documentation : Submitted property deeds and business share records.
Probate Assistance : Coordinated with DIFC Courts to expedite estate distribution.

Results

Asset Release : Funds and property transferred to UK beneficiaries in 4 months.
Business Continuity : Ahmed retained control of the trading company.
Guardianship : The deceased’s children were placed under their mother’s care.

Lessons Learned :

Proactive Planning : Registering a DIFC will prevents asset freezes.
Documentation : Maintain updated records for faster processing.

Benefits of DIFC Will Registration

1. Legal Protection

Court Recognition : UAE courts enforce DIFC wills.

2. Full Control Over Asset Distribution

Avoid Forced Heirship : Unlike Sharia law (son: 36.11%, wife: 12.5%).

3. Business Succession Planning

Share Transfers : Ensure smooth inheritance of company stakes.

4. Guardianship for Minors

Parental Choice : Legally appoint guardians.

5. Global Coverage

Worldwide Assets : DIFC wills can now cover international properties.

6. Streamlined Probate

English Proceedings : Simplified process compared to Arabic court filings.

How Tassheel Legal Docs Can Help

At Tassheel Legal Docs , we specialize in DIFC will registration:

Custom Drafting : Tailored to your asset portfolio and family needs.
Document Preparation : Ensure compliance with DIFC standards.
Court Liaison : Facilitate probate and asset distribution.
Translation Services : If required for UAE Court coordination.
Post-Registration Updates : Modify wills as your circumstances evolve.

Our team ensures your non-Muslim will UAE is enforceable and aligned with UAE regulations.

Post-Registration Procedures

1. Executor’s Role

The nominated executor must:

Apply to DIFC Courts for probate.
Provide death certificate and will copy.
Administer the estate per the will’s terms.

2. Probate Process

Application : Directly to DIFC Courts.
Processing Time : 3–6 months (vs. 1–2 years for UAE Court wills).

3. Asset Distribution

Bank Accounts : Release funds upon executor’s submission.
Real Estate : Update Land Department records.
Business Shares : Transfer via company MOA amendments.

Common Misconceptions About UAE Inheritance

Myth 1: Home Country Wills Are Automatically Valid

Reality : UAE courts prioritize Sharia law unless a DIFC will exists.

Myth 2: Banks Will Honor Foreign Wills

Reality : UAE banks require DIFC registration for account access.

Myth 3: Mothers Automatically Gain Guardianship

Reality : Under Sharia, guardianship often goes to the father’s family. DIFC allows parental choice.

Myth 4: Real Estate Can Follow Home Country Law

Reality : UAE courts apply Sharia unless a DIFC will covers the property.

Compliance Requirements for DIFC Wills

Asset Verification

Property : Land Department approval (Dubai/Ras Al Khaimah).
Financial Assets : Central Bank-regulated institutions must recognize the will.

Guardianship Documentation

Child’s Residency Proof : UAE visa/residency permit.
Guardian’s Details : Passport, contact info, and consent form.

Renewal and Updates

Review Frequency : Every 3–5 years or after major life events (e.g., birth, marriage).
Amendment Process : Submit updated will via DIFC portal.

Conclusion

Registering a non-Muslim will UAE through DIFC offers expatriates legal certainty and control over their legacy. By bypassing Sharia’s rigid frameworks, non-Muslims can protect their families and businesses.

For expert assistance, contact Tassheel Legal Docs to navigate the expat inheritance Dubai process seamlessly.