DIFC Wills: Why Expats in Dubai Should Consider One

For many expatriates, Dubai offers opportunity, security, and an exceptional quality of life. But one thing most overlook, until it’s too late, is what happens to their assets and family if they die without a Will.

In the United Arab Emirates (UAE), local inheritance laws differ dramatically from those in the UK or other common law countries. Without proper planning, your estate could be distributed under Sharia principles, regardless of your nationality or religion.

That’s where a DIFC Will comes in,  giving non-Muslim expatriates the freedom to decide who inherits their Dubai-based assets.

This guide from MAR Legal explains exactly what a DIFC Will is, why it matters for expats, and how to register one correctly to protect your loved ones and your legacy.

What is a DIFC Will?

A DIFC Will is a legally recognised Will registered with the DIFC Wills and Probate Registry (WPR), part of the Dubai International Financial Centre (DIFC) Courts.

It allows non-Muslim expatriates to choose how their UAE-based assets are distributed after death, rather than having them automatically governed by UAE Federal Sharia law.

In simple terms:

• Without a DIFC Will, your Dubai estate could be divided according to Sharia rules (fixed shares for family members).
  
• With a DIFC Will, your wishes, who inherits, who acts as guardian, what goes where, are legally enforceable through the DIFC Courts.
  

Official source: DIFC Courts Wills Service Centre

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Why Expats Need a DIFC Will

Dubai is home to over 3.5 million residents, of whom more than 85% are expatriates. Many expats own property, vehicles, business shares, or bank accounts in the UAE — yet a large proportion have never made a Will locally.

Here’s why that’s risky.

1. UAE inheritance law applies automatically without a Will

If you die without a registered Will in the UAE, Sharia principles apply by default, regardless of your nationality.

This can mean:

• Assets are frozen upon death until a court order is issued.
• Spouses and children receive fixed percentages that may not reflect your wishes.
• Unmarried partners, adopted children, or non-biological dependents may receive nothing.
• Guardianship of minor children is determined by the court — not automatically by surviving parents or relatives.

A DIFC Will ensures your estate distribution, guardianship, and executorship follow your personal intentions.

2. You can protect both Dubai and Ras Al Khaimah assets

DIFC Wills cover assets located in Dubai and Ras Al Khaimah (RAK), whether you live there full-time or part-time.

If you have property, investments, or company shares registered in these Emirates, a DIFC Will is the most secure way to guarantee control over how they’re passed on.

3. You can appoint guardians for your children

Under UAE law, guardianship does not automatically pass to the surviving parent. Without a Will, local courts can decide who cares for your children.

With a DIFC Will, you can:

• Name permanent guardians who will take care of your children.
• Name temporary guardians (for example, friends in Dubai) who can act immediately while permanent guardians travel.

This single provision gives parents enormous peace of mind.

4. DIFC Wills offer English-language common law certainty

The DIFC operates under English common law principles, not Sharia or civil law. That means:

• Wills are written in English, not Arabic.
• Procedures are clear, transparent, and predictable.
• Executors and beneficiaries can rely on familiar legal concepts (probate, estate administration).

DIFC Wills bridge the gap between UK and UAE legal systems — giving expatriates clarity and confidence.

5. Probate is simpler, faster, and recognised in UAE courts

The DIFC Wills and Probate Registry provides an efficient probate process. Once a DIFC Will is registered, your executors can apply directly to the DIFC Courts to distribute your estate.

Compared with traditional local court processes, probate through DIFC is:

• Faster — often weeks, not months.
• Conducted in English.

Recognised by UAE enforcement authorities (Dubai Land Department, banks, RTA, etc.).

What a DIFC Will Can Cover

The DIFC offers five types of Wills, depending on your circumstances:

You can register more than one, depending on your needs.

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Example: How a DIFC Will Protects Your Family

Scenario 1:
James, a British expat in Dubai, owns an apartment in Jumeirah Lakes Towers and shares in a local company. He lives with his wife (also British) and two young children.

Without a Will:

• His Dubai property and bank accounts would be frozen.
• Distribution could follow Sharia law, dividing assets between wife, sons, and parents.
• Guardianship of the children would be decided by the local court.

With a DIFC Will:

• His wife becomes executor and sole beneficiary.
• Guardianship passes automatically to her.
• The Will is enforced through the DIFC Courts within weeks.

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Step-by-Step: How to Register a DIFC Will

1. Confirm eligibility

You must be:

• Non-Muslim;
• Over 21 years old; and
• Owning assets (or having children) in Dubai and/or Ras Al Khaimah.

2. Seek legal advice

While you can use the DIFC online portal, a professionally drafted Will ensures your wording, witnesses, and instructions meet both DIFC rules and UK succession law (if you have international assets).

MAR Legal provides dual-qualified UK solicitors who understand both jurisdictions — ensuring your DIFC Will complements your UK Will rather than conflicting with it.

Learn more about our UK Wills Services and DIFC Wills for Expats in Dubai.

3. Draft your Will

DIFC Wills will require:

• Personal details of the testator and witnesses.
• Appointment of executors and guardians.
• Full list of assets to be covered.
• Beneficiaries and shares of inheritance.
• Funeral wishes (optional).

We prepare the draft in English, ensuring clarity and compliance with DIFC Registry standards.

4. Register with the DIFC Wills Service Centre

Once finalised, you’ll:

• Book an appointment through the DIFC Wills Service Centre.
• Attend in person (or online via video) to review and sign your Will before a DIFC officer.
• Pay the registration fee (typically AED 10,000 for a Full Will).

After registration, all DIFC Wills are required to be securely stored and enforceable under DIFC law.

5. Keep it updated

Review your Will whenever your circumstances change:

• Marriage, divorce, or remarriage.
• New property purchase.
• Change of guardians.
• Business restructuring.

We recommend reviewing your DIFC Will every three years or after any major life event.

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What Happens When a DIFC Will Is Activated

Upon the testator’s death:

1. The executor applies to the DIFC Courts for probate.
2. The court verifies the Will and issues a Grant of Probate.
3. The executor can then legally transfer assets, close accounts, and manage property.

Because the process is based on common law, it’s recognised by key UAE authorities including:

• Dubai Land Department (for property transfers).
• UAE banks and investment platforms.
• RTA (for vehicle transfers).

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How DIFC Wills Complement UK Wills

Yes, you can refuse a settlement agreement. An employer cannot force you to sign, and refusing simply means that normal employment procedures (such as disciplinary procesIf you’re a British expat or have assets in both jurisdictions, you’ll likely need two separate Wills:

• A UK Will for assets in the UK or worldwide (outside UAE).
• A DIFC Will for assets within Dubai and Ras Al Khaimah.

These are drafted to work side by side, ensuring:

• Each Will governs its own territory.
• Neither revokes or conflicts with the other.
• Your executors can act independently and efficiently.

We routinely draft co-ordinated dual Wills for clients with international assets — ensuring full compliance with both UK and UAE law.

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Key Points to Consider Before Signing

If you are offered an employment settlement agreement in the UK, take time to:

1. Review the financial offer carefully—does it cover lost earnings, notice pay, holiday pay, and any extras?
2. Consider the tax implications—payments up to £30,000 may be tax-free, but others could be taxable.
3. Check the wording of references and confidentiality clauses.
4. Think about your future career and whether the terms will support your next step.
5. Seek advice from an independent employment law specialist to ensure your rights are protected.

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The Benefits of a DIFC Will at a Glance

• Protects your assets from Sharia distribution rules
• Ensures guardianship of children is clear and immediate
• Simplifies probate and asset transfer in the UAE
• Provides legal certainty under English-language common law
• Recognised by Dubai and RAK authorities
• Prevents delays and stress for your family
• Complements your UK or home-country Will

Common Questions About DIFC Wills

Useful Resources

• DIFC Courts Wills Service Centre
• Government of Dubai Legal Affairs Department
• Dubai Land Department – Property Registration
• UAE Ministry of Justice
• British Embassy Dubai – UK Nationals in UAE

DIFC Will – MAR Legal can help

Living and working in Dubai brings immense opportunity — but it also brings a responsibility to plan for the unexpected.

A DIFC Will is not just a legal formality. It’s a safeguard that ensures your assets, your children, and your legacy are protected under your terms — not left to default laws or court discretion.

Whether you own a single apartment or a growing business, registering a DIFC Will is one of the smartest moves any expat can make.

Let MAR Legal guide you through the process with clarity, compassion, and complete legal certainty.