The Dubai International Financial Centre (DIFC) provides a unique legal framework for individuals wishing to draft wills under the common law system. This framework is particularly advantageous for non-Muslims, as it offers an alternative to the Sharia-based inheritance laws applicable in the rest of the UAE. Understanding the legal requirements for DIFC wills Dubai is vital for ensuring the validity and enforceability of such documents.
Eligibility criteria:
To draft a will under the DIFC Wills and Probate Registry (DIFC WPR), the testator must meet specific eligibility criteria:
Non-Muslim status: The DIFC WPR is exclusively available to non-Muslims. Muslim individuals are subject to Sharia inheritance laws, and thus cannot utilize the DIFC will system.
Age and mental capacity: The testator must be at least 21 years old and possess full mental capacity to understand the implications of the will.
Form and execution:
The form and execution of a will in the DIFC follow stringent guidelines to ensure validity:
Written form: The will must be in writing. Oral wills are not recognized under the DIFC WPR.
Signature and witnesses: The will must be signed by the testator in the presence of two witnesses, both of whom must also sign the document. Witnesses should be over 21 years of age and possess full mental capacity. They must not be beneficiaries or spouses of beneficiaries named in the will.
Attestation: The will can be attested either at the DIFC WPR office or via an authorized DIFC WPR representative. Attestation ensures that the will complies with all legal requirements and provides an additional layer of verification.
Content requirements:
The content of a DIFC will should be clear and unambiguous to avoid disputes:
Identification: The will must clearly identify the testator and the beneficiaries. Full names, addresses, and relationship to the testator should be included.
Assets: An inclusive list of the testator’s assets, including real estate, bank accounts, investments, and personal belongings, should be provided. Specific bequests to beneficiaries must be detailed.
Executors: The will should appoint executors who will be responsible for administering the estate. Executors should be willing and able to perform their duties, and alternate executors should be named in case the primary executors are unable to serve.
Guardianship: If the testator has minor children, the will should designate guardians to take care of them in the event of the testator’s death.
