FAQ

Draft and register your Will in the UAE through a simple online process with experienced legal professionals.

FAQ

Frequently Asked Questions

Find answers to common questions about will drafting, registration, estate planning, guardianship provisions, and the overall process. Our FAQ section is designed to help you better understand your options and make informed decisions with confidence.

The process of registering a DIFC Will typically takes between two to four weeks from the initial consultation to the completed registration. This timeline can vary depending on the complexity of the estate and the efficiency of the legal drafting process.

Non-Muslim expatriates in the UAE can appoint guardians for their minor children through a registered Will. This ensures that in the event of both parents’ demise, the children’s care is managed according to parental wishes, which helps avoid potential court intervention in selecting guardians. A Guardianship Will specifically covers the appointment of guardians for minor children residing in Dubai or Ras Al Khaimah.

The UAE has lowered the civil age of majority to eighteen Gregorian years under a new civil transactions law. This change applies to both male and female children across the country.

A DIFC Courts Will can include UAE properties. A Full Will covers the distribution of all movable and immovable property in the UAE. There is also a specific Property Will type that covers up to five real estate properties within the UAE.

A DIFC Courts Full Will registered with the Wills Service may include assets located both within and outside of the UAE. However, it is strongly advised that the Testator seek legal advice to confirm whether a DIFC Courts Will can be enforced in the desired jurisdiction outside the UAE.

A DIFC Full Will is comprehensive and covers all movable and immovable assets in the UAE, including property, bank accounts, investments, vehicles, and personal belongings. The DIFC Wills Service also offers specialized Wills such as Property Wills for real estate, Business Owners Wills for shareholdings, and Financial Assets Wills for bank and brokerage accounts.

Both DIFC Wills and ADJD Wills offer virtual registration and appointments, allowing the process to be completed online. Non-residents who own property, bank accounts, or business shares in the UAE can register a DIFC Will virtually from anywhere in the world.

For the registration of a DIFC Will, the testator and two witnesses must attend the registration appointment. Witnesses must not be beneficiaries, guardians, or spouses of beneficiaries or guardians named in the will.

Mirror Wills are two separate Wills created by a couple, typically spouses, with almost identical terms. Each partner names the other as the primary beneficiary, and often includes similar provisions for secondary beneficiaries and guardians for minor children. While they are similar, each individual has their own legal Will, and the signing of both documents can occur in a single appointment.

A guardian is an individual appointed to care for minor children in the event of their parents’ death. In the UAE, for non-Muslim expatriates, a registered Will can specify both an interim guardian for immediate custody in Dubai and a permanent guardian. This ensures continuity of care and prevents minor children from being placed in temporary state care while courts determine guardianship.

The duration of the probate process in the UAE can vary significantly. With a registered Will, such as a DIFC or ADGM Will, the process can be as quick as one to four weeks if it is uncontested and all documents are in order. Other sources suggest a typical timeline of three to six months with a registered Will. Without a registered Will, the process can take twelve to twenty-four months or longer, as assets may be distributed under Sharia law and guardianship of minor children may be decided by the courts.

You do not need to be a resident of the UAE to register a DIFC Courts Will. Any non-Muslim individual who is at least twenty-one years of age, with assets in the UAE or minor children residing in Dubai or Ras Al Khaimah, can register a DIFC Courts Will virtually from any part of the world.

While an Emirates ID is required for UAE residents when registering a Will, non-residents who own assets or have family in the UAE can register a DIFC Will without an Emirates ID. The DIFC Wills Service allows virtual registration from anywhere in the world for eligible non-Muslims.

When a passport is renewed or reissued, the passport number typically changes. While the DIFC Wills Service allows for updates to registered Wills, it is crucial to formally update your details with the relevant Will registration authority if your passport number changes. This ensures that your Will remains valid and enforceable without any complications arising from outdated personal information.

A registered Will can be changed or revoked later. The DIFC Courts Wills Service allows for Will modifications. If a Testator’s marriage is dissolved or annulled after the registration of their DIFC Courts Will, any gifts or appointments made to the former spouse may be affected.

An Executor is the person or entity responsible for carrying out the instructions in your Will and managing your estate after your passing. There is no requirement for executors appointed in your Will to be residents of the UAE. It is crucial to appoint someone trustworthy and capable of handling the responsibilities, which may include dealing with assets, debts, and beneficiaries.