Dubai Courts vs DIFC Wills
In the city of Dubai, where traditions meet modernity, estate planning takes on a unique complexity. For residents and investors, understanding the variations of will creation is crucial for ensuring your legacy is protected and your wishes are honored. This blog aims to shed light on the critical differences between Dubai Courts and DIFC Wills, guiding you through the decision-making process of choosing between Dubai Courts and DIFC wills.
Understanding Dubai Courts and DIFC Wills
Dubai’s legal framework offers two primary organisations for will registration: the Dubai Courts system and the Dubai International Financial Centre (DIFC) Wills Service Centre. Each operates under distinct legal principles and caters to different needs, making it essential to understand their unique features before making a choice.
Dubai Courts Wills
Dubai Courts Wills are legal documents registered within the Dubai Courts system, designed to outline asset distribution after death. The creation process involves drafting the will, translating it to Arabic if necessary, notarization, submission to Dubai Courts, review, and final registration. Dubai Courts Wills offer advantages such as cost-effectiveness. However, they also present challenges, including potential language barriers for non-Arabic speakers.Dubai Courts Wills remain a viable option for many, particularly those with assets spread across multiple emirates or those seeking alignment with local customs and expectations.
Understanding DIFC Wills
In contrast, DIFC Wills operates under common law principles, offering an easy system for many expatriates. Established to provide non-Muslims with an alternative to Sharia-based inheritance laws, DIFC Wills allow for greater flexibility in asset distribution. The DIFC Wills Service Centre provides a smooth registration process that is often faster than the Dubai Courts system. Wills can be drafted in English, making it more accessible for expatriates.
Choosing Between Dubai Courts and DIFC Wills: Key Differences
Jurisdiction and Applicable Laws: Dubai Courts Wills are governed by UAE civil law and Sharia principles, while DIFC Wills follow common law practices.
Language and Documentation: Dubai Courts typically require Arabic documentation, whereas DIFC Wills can be processed entirely in English.
Registration Process and Fees: DIFC Wills often have a more straightforward registration process but may come with higher fees compared to Dubai Courts Wills.
Execution and enforcement of wills: while Dubai Courts may involve a lengthy process, DIFC Wills are typically faster in execution and enforcement.
Flexibility in Distribution: DIFC Wills offer greater flexibility in how assets can be distributed, which may be particularly important for non-Muslim expatriates.
| Difference | DIFC | Dubai Courts Wills |
| Jurisdiction and applicable laws | Common law practises | UAE Civil Law and Sharia Principles |
| Language and documentation requirements | Can be processed in English | Require Arabic translation |
| Registration process and fees | More straightforward registration and higher fees | Comparatively lesser fees |
| Execution and enforcement of wills | Typically faster | May involve a lengthy process |
| Flexibility in distribution | More flexible | Less flexible |
Factors to Consider in Your DIFC Wills Dubai Courts Comparison
Residency Status and Nationality: Your status as a UAE national, Muslim resident, or non-Muslim expatriate can influence which system is more appropriate.
Asset Location and Type: The geographical spread and nature of your assets play an important role in choosing the most suitable option.
Family Dynamics: Consider how each system aligns with your family structure and inheritance wishes.
Legal Expertise: Seek advice from legal professionals familiar with both systems to guide your decision.
Debunking Myths: Common Misconceptions About Dubai Wills
| Myth | Fact |
| DIFC Wills are only for wealthy individuals. | DIFC Wills are available to anyone, regardless of asset value. |
| Dubai Courts Wills always follow Sharia law. | Non-Muslims can create wills through Dubai Courts that don’t strictly adhere to Sharia principles. |
| Once registered, a will cannot be changed. | Both Dubai Courts and DIFC Wills can be amended or revoked, following proper procedures. |
| DIFC Wills are not recognized outside of Dubai. | While primarily for Dubai assets, DIFC Wills are increasingly recognized in other emirates. |
| Dubai Courts Wills are always cheaper. | While initial costs may be lower, complex cases in Dubai Courts can incur significant translation and legal fees. |
Conclusion:
The decision of choosing between Dubai Courts and DIFC Wills is not just a legal decision but it’s a personal one that affects your legacy and your loved ones’ future. By understanding the differences between these systems and considering your specific circumstances, you can make an informed decision that best protects your assets and honors your wishes. Remember, regardless of which system you choose, the most important step is to have a valid, properly registered will in place. In Dubai’s legal landscape, professional guidance is invaluable in navigating these complex decisions. Your legacy deserves the care and attention to detail that comes with informed, expert-guided planning.
