UAE wills for expats

In 2019, the DIFC updated their rules so as to allow a DIFC Will to cover assets located not just in Dubai but worldwide. This extension of scope was welcomed but consideration should still be given in each case as to whether a single worldwide Will is appropriate or if it would be best to have separate Wills in each jurisdiction that assets are located. Advice should be taken on any potential conflict of laws.

DIFC Wills, like English Wills, can cover the guardianship of minor children (and in the UAE, minors are children below 21 years of age). It is important to note however that guardianship provisions in DIFC Wills are only valid for minors habitually residing in either Dubai or Ras Al Khaimah. Guardianship provisions in a DIFC Will can cover interim guardians, being local individuals over 21 who can step in immediately on the death of both parents and permanent guardians, who can be resident anywhere in the world.

DIFC Wills covering the distribution of moveable and immoveable assets, as well as guardianship provisions, are classed as “Full Wills”. Any lawyer registered as a DIFC Will draftsman can prepare a Full Will in compliance with the DIFC rules.

Previously, someone preparing a Full Will had to attend an appointment with the DIFC in person to register the Will in order for it to be valid. This could be a hassle to coordinate for someone in the UK with assets in the UAE. Since the pandemic, the DIFC have made this easier, by conducting all registration appointments online by video call.

A Full DIFC Will can be costly and is not always necessary. If, for example, the only assets in the UAE are a couple of bank accounts or a property, it is possible to prepare a DIFC Will which is restricted to those assets. The DIFC has a number of categories of Will, including a Property Will and a Financial Assets Will. These slightly more restricted Wills can be prepared online using the DIFC’s virtual Wills Registry and they do not need the involvement of a solicitor. This is a convenient and cost-effective way to deal with assets in the UAE if, for instance, you were previously living in the UAE but you have moved back to the UK and hold very few assets there.

As an alternative to registering a Will with the DIFC, non-Muslims can attest their wills by a notary public in Dubai Courts or through the Non-Muslim Wills & Probates Office at the Abu Dhabi Judicial Department. However, the wide scope of DIFC Wills, along with the ease with which they can now be prepared, makes the DIFC route appealing.

Stephanie Mooney is a Senior Associate in the Private Client team. She joined Kingsley Napley in 2016 and advises on a broad range of private client matters, with particular expertise in succession planning with a cross-border element.