Step-by-Step Guide to Drafting a DIFC Will in the UAE

If you’re a non-Muslim expat with assets or dependents in Dubai or Ras Al Khaimah, drafting a DIFC Will is one of the smartest moves you can make. It gives you control over how your UAE estate is handled, rather than defaulting to local inheritance rules under Sharia law.

This guide walks through the entire process: eligibility, selecting the type of Will, drafting, registration, modifications, and how probate works later.

What is a DIFC Will and why it matters

Before diving into steps, a quick recap of why a DIFC Will is different and essential:

• The DIFC Courts Wills Service is a system under Dubai Law No. 15 of 2017 (and associated rules) to allow non-Muslim persons to register wills applicable to UAE assets under a common law framework. DIFC Courts
• DIFC Wills apply to assets in Dubai and Ras Al Khaimah. They do not automatically cover assets in other Emirates, though a “Full Will” can include broader types of assets. DIFC Courts
• The registry works in English, with processes that allow remote signing / electronic registration, subject to rules. DIFC Courts
• A DIFC Will, once validly registered, can simplify probate in Dubai and facilitate recognition by UAE authorities (land department, banks, etc.). DIFC Courts

Because laws and rules have evolved, always check the latest DIFC Wills and Probate Registry Rules before proceeding.

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Step 1: Check eligibility

Before you start, make sure you qualify for a DIFC Will:

• You must be non-Muslim (i.e. the scheme is for non-Muslims). DIFC Courts
• You must be at least 21 years old.
• You should have assets in Dubai or RAK (property, bank accounts, shares, etc.), or dependents in those Emirates.
• You don’t necessarily have to be a resident or UAE passport holder—non-residents who hold assets in Dubai/RAK can use DIFC Wills. Make My Will

If you don’t meet those, a DIFC Will may not be available, and you should explore other options (UAE local Wills, ADGM Wills, your home-country Will).

Step 2: Decide which type of Will you need

The DIFC system offers multiple types of Wills depending on your assets and whether you want guardianship included:

• Full Will: Covers movable and immovable assets + guardianship (if desired). DIFC
• Property Will: Covers up to five real estate properties or shares in such properties.
• Financial Assets Will: For bank accounts, investment accounts (up to a certain number).
• Business Owners Will: For shares in companies (up to five shareholdings) incorporated in UAE. fotislaw.com
• Guardianship Will: Covers guardianship of minors without necessarily distributing assets.

If your situation spans multiple categories (e.g. property + shares + children), the Full Will is typically the best choice.

The portal will ask whether your Will is “assets only” or “assets plus guardianship provisions.”

You also choose “Single Will” or “Mirror Wills” (for spouses),  mirror Wills generally cost more but offer symmetry.

Step 3: Gather information and documents

Prepare all supporting data before drafting. Typical requirements:

• Valid passport and Emirates ID (if you have one) for yourself and your two witnesses.
• Personal details of executors and substitute executors (name, contact, nationality).
• List of beneficiaries (names, contact details, relationship) and their entitlement shares.
• If guardianship is included: guardian statements (interim and permanent) from proposed guardians.
• Proof of ownership of significant assets (title deeds, share certificates).
• Family tree info (children, dependents, stepchildren).

The online portal will prompt you to upload these documents.

Step 4: Draft the Will

You have two main options:

• Use the DIFC online template / portal: The system will guide you through filling in sections and produce a draft Will. Note: the template may not allow custom clauses beyond standard options. DIFC Courts
• Engage a registered DIFC Wills draftsman / lawyer: They draft bespoke clauses (especially for complex estates, trusts, businesses).

During drafting you’ll select distribution, specify guardians, name executors, state digital assets (some digital assets supported) in the Full Will template. Be deliberate in wording to avoid ambiguity or unforeseen conflicts. MAR Legal can help with this.

Step 5: Review, amend, and finalise

Once the draft is ready:

• Review it line by line.
• Add or amend clauses if needed (subject to portal / registry constraints).
• If modifications are needed after registration, you must replace the entire Will (you cannot amend parts) and go through registration again (there is a standard fee for modification).
• Confirm that your nominations (executors, guardians, beneficiaries) remain appropriate.

The DIFC publishes a fee schedule; the modification fee is AED 550 for many Full Will changes.

Step 6: Book your signing appointment

Once finalised, the portal will prompt you to schedule a signing appointment with the DIFC Wills Service Centre.

The signature session can be done:

• Virtually, via video conference, with electronic witnessing, or
• In person at the DIFC Wills Registry office.

Either way, the Will is executed electronically under DIFC’s system.

At the signing:

• You (the testator) sign in front of two adult witnesses.
• Witnesses must not be beneficiaries or spouses of beneficiaries.
• Witnesses also sign.

A DIFC Wills officer is present to ensure formalities are observed.

Step 7: Payment, registration, and storage

At the appointment you pay the registration fee (depending on Will type: full, mirror, property, etc.). For example:

• Full Will: AED 10,000 for a single Will Mandatory Provision DIFC
• Mirror Wills: higher fee for two Wills

Once signed, your Will is registered digitally. The DIFC Wills Registry holds it in electronic form,  they do not hold hard copies.

After registration, your Will is legally enforceable under DIFC rules.

Step 8: Post-registration updates and revocation

• If you later want changes to executors, beneficiaries, etc., you must draft and register a new Will entirely—modification of part is not allowed.
• If you already hold a registered DIFC Will and later acquire new assets, the Full Will covers future assets as well, even if not expressly mentioned, unless you revoke it.
• You can revoke your Will (if you have capacity) by registering a new one, or by following registry rules.

Step 9: When it’s time: Probate of a DIFC Will

After your passing, executors will apply for Grant of Probate from the DIFC Courts. Key aspects:

• The Will must still be registered at time of death and not revoked.
• The executor completes the prescribed forms and may submit supporting documents (death certificate, witness statements, asset details).
• The DIFC Court issues the Grant of Probate, which enables the executor to distribute the estate and deal with authorities.
• In some cases, the DIFC grant is converted into a Dubai Courts judgment under the Protocol of Enforcement, allowing execution through Dubai’s courts and departments (e.g. land, banks). Probate DIFC

Typically the Grant of Probate in DIFC is expected in about one month, but may vary depending on complexity.

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Tips to avoid common mistakes

• Don’t use beneficiaries as witnesses,  doing so can void their gift.
• Ensure witnesses are present simultaneously,  all in the same room.
• Follow the registry rules exactly,  deviations may render your Will invalid.
• Keep asset records updated and proof of ownership ready.
• Use a registered DIFC draftsman or experienced solicitor,  the registry does not provide legal advice.
• Review your Will after life changes (marriage, children, new property).
• Store document location with your executors and keep a copy of registration.

Example workflow (for a married expat with property + children)

1. Determine you need a Full Will (assets + guardianship).
2. Gather passports, ID of yourself & witnesses, asset list, guardians’ statements, family info.
3. Consult MAR Legal or a DIFC Approved Draftsman to draft bespoke Will.
4. Review, agree, and finalise wording.
5. Schedule signing via video or at DIFC office.
6. Sign with two witnesses and a registry officer.
7. Pay AED 10,000 registration fee.
8. Receive confirmation, stored electronically in the registry.
9. Later, after passing, the executor applies for probate, obtains Grant, distributes assets.

Useful Sources:

External Links (Authority Sources)

British Embassy Dubai

DIFC Courts Wills Service Centre

Dubai Land Department

UAE Ministry of Justice