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What are the different types of DIFC WILL?



DIFC WILLs services centre was established in the year 2015 to cater to the asset protection needs of the international investors community in UAE. The general criteria to register a WILL at DIFC remains standard that the Testator must be a non-Muslim, who is at least 21 years of age and has movable and/or immovable property situated in the UAE. In order to provide tailor made solutions they provide different types of WILL to suit the needs of each individual as elaborated below -


Property WILL


The DIFC Courts Property Will enables eligible Testators to cover up to five (5) real estate properties (or a share in any such five (5) properties) that they may own within the UAE. A Property Will can only include real estate property (or a share of a property) situated in the UAE that you personally own and specifically list in the Will. If you purchase or acquire property after registering your Property Will, you must modify your existing Property Will by signing and registering a new Property Will, to ensure that your Will covers all your intended property.


If you own more than five (5) real estate properties, or if you wish to pass on any other type of assets owned by you, then you would need to draft and register a DIFC Courts Full Will.


Business Owners WILL


The DIFC Courts Business Owners Will enables eligible Testators to cover up to five (5) separate shareholdings that they may own in any free zone and onshore company incorporated in the UAE and established in accordance with UAE Federal Law. The maximum number of separate shareholdings that you can list in a Business Owners Will is five (5) at any one time. If you purchase or acquire additional shareholdings (that are eligible) after registering your Business Owners Will, you must modify your existing Business Owners Will by registering a new Business Owners Will, to ensure that your Will covers your intended interests.


If you own more than five (5) shareholdings, or if you wish to pass on any other type of assets owned by you, then you would need to draft and register a DIFC Courts Full Will.


Financial Assets WILL


The DIFC Courts Financial Assets Will enables eligible Testators to cover up to ten (10) bank and/or brokerage accounts that they may own within the UAE. To register a Financial Assets Will, bank and/or brokerage accounts that are registered in the Testator's sole name or joint name, and legally held with a bank or brokerage firm whereby the branch at which such accounts are registered is situated in the UAE. Each bank account must be registered with a financial institution that is regulated as a bank by the Central Bank of the United Arab Emirates and, in the case of brokerage accounts, registered with a financial institution that is regulated as a brokerage firm by the Emirates Securities and Commodities Authority or other competent UAE regulatory authority.


Each bank or brokerage account should hold only movable assets comprising monies and/or publicly traded shares, stock or other securities, and/or securities issued by any government authority. You must be the exclusive beneficial owner of the movable assets held in each bank or brokerage account.


The maximum number of bank and/or brokerage accounts that you can list in a Financial Assets Will is ten (10) at any one time. If you own more than ten (10) bank and/or brokerage accounts or any other assets that you wish to protect, then you would need to register a DIFC Courts Full Will.


Guardianship WILL


You can appoint both temporary/interim and permanent guardians for your minor children in your Guardianship Will or Full Will. Please note that guardians cannot be appointed in a Property Will, Business Owners Will or a Financial Assets Will. Whilst the power to appoint guardians of your minor children is put firmly in your hands, you will need to ensure that your nominated guardians meet the eligibility requirements of the Rules and their appointment does not contravene UAE public policy. You may require professional assistance in choosing your appointed guardians in compliance with the UAE Public Policy and DIFC Regulations.


Full WILL ?


The DIFC Courts Full Will enables eligible Testators to cover all their movable property (bank accounts, company shares, vehicles, artwork, jewelry, etc.) and immovable property (real estate) in a specified jurisdiction. The Full Will covers all movable and immovable property owned by the Testator at the time of death, regardless of whether or not it is specifically mentioned in the Will at the time of registration.


If a Full Will is drafted, however, the jurisdiction of the Will could extend outside of the UAE. The enforcement of the Will in the foreign jurisdictions, though, is not guaranteed by DIFC. Testators should seek the relevant legal advice to ensure whether or not a DIFC Courts Will may be useful in securing the assets outside of the UAE. In a Full Will that is drafted, guardianship provisions for minors residing in Dubai or Ras Al Khaimah may also be included in the same Will.


A Full Will can be drafted by a registered Wills Draftsman in accordance to the DIFC Wills and Probate Registry Rules. Mayur & Co being registered with DIFC WILLs and Probate Registry can help in drafting and registration of the WILL at DIFC.


If you would like to know more, please get in touch and we would be happy to arrange a virtual appointment for you.




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