DIFC Wills

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DIFC Wills for Non-Muslims in Dubai and the UAE

A DIFC Will is a Will registered with the DIFC Wills Service in Dubai. It is open to non-Muslims and gives full testamentary freedom: you decide exactly how your UAE assets pass and who cares for your children, in a registered, English-language document. It is drafted and administered in English, and the DIFC Courts grant probate in English, which keeps administration simple for international families. Shallon Legal drafts and registers DIFC Wills for a fixed professional fee, with advice and procedural support from start to finish, and remains available afterwards if your circumstances change.

The legal position since February 2023

Since 1 February 2023, Sharia principles no longer apply by default to the estate of a non-Muslim who dies in the UAE. Under the UAE Civil Personal Status Law (Federal Decree-Law No. 41 of 2022), a non-Muslim who dies without a registered Will has their UAE estate distributed under the civil intestacy rules: half to the surviving spouse and the remainder equally among the children, without distinction between sons and daughters, unless an heir applies to the court for the law of the deceased's home country to apply instead. Either route is administered through the UAE courts. A registered DIFC Will replaces that statutory default with your own instructions.

Why a registered DIFC Will matters

Without a registered Will, a non-Muslim's UAE estate is administered by the local courts. In practice this can mean bank accounts and property frozen until a succession order is obtained, while obligations such as mortgage payments continue to accrue; foreign documents translated into Arabic; local legal representation and court supervision throughout; and delay and cost at a difficult time. Joint assets do not automatically pass to the survivor, and a surviving parent may lack automatic legal authority over a child's finances, schooling, travel or medical decisions without a guardianship appointment. A DIFC Will gives certainty and control, and is registered remotely as an electronic Will.

Who can make a DIFC Will

• Non-Muslims who have never been Muslim.
• Aged at least 21.
• No UAE residency is required, and you need not hold UAE assets at the time of registration, though a DIFC Will is most useful where you have UAE assets or wish to appoint guardians for children resident here.
• Executors and guardians can be from any jurisdiction.

The five types of DIFC Will

• Guardianship Will: appoints permanent and temporary guardians for minor children, and nothing else.
• Property Will: covers up to five UAE real estate assets.
• Business Owners Will: covers shares in up to five UAE onshore or free zone companies (offshore companies excluded).
• Financial Assets Will: covers up to ten accounts held with UAE-registered banks or brokers.
• Full Will: covers all UAE and worldwide assets, specific gifts, guardianship and testamentary trusts. The usual choice for families.

Guardianship

For families with minor children, the guardianship appointment is often the most important reason to make a Will. Custody (the day-to-day care of a child) and guardianship (legal authority over a child's finances, education, travel and medical decisions) are distinct. Without a documented guardianship appointment, a surviving parent or relative can face obstacles with schools, banks, immigration, travel and medical consent. A DIFC Will that expressly appoints guardians, confirmed in the grant of probate, provides clear authority that can be presented to those institutions, and avoids a court-appointed outcome if both parents die.

Registration and process

DIFC Wills have been registered remotely since 22 March 2020. We take your instructions and draft the Will in English; it is uploaded to the DIFC Courts portal; a video call is held with the DIFC Registrar and two witnesses; and the Will is registered and stored electronically in the Court system. Witnesses must not be beneficiaries or guardians named in the Will, and we can arrange witnesses where required. Registration can be completed from anywhere in the world. When the testator dies, the executor applies to the DIFC Courts for probate, granted in English, often within about one month, allowing the estate to be administered as the Will directs.

Fees

Our professional fee is fixed and includes basic revisions before registration. The DIFC charges a separate registration fee, and a separate amendment fee if a registered Will is later changed and re-registered. Registration fees are set by the DIFC Courts and should be verified with the registry at the time of instruction.

A mirror Will is a pair of near-identical Wills, typically for a couple, each leaving everything to the other and then to the same beneficiaries.

Documentation we typically require

Certified copy of passport and Emirates ID (if resident) for the testator; title deeds for UAE properties (Property or Full Wills); bank and account details (Financial Assets Wills); company and share details (Business Owners Wills); and names, dates of birth and contact details for beneficiaries and nominated guardians. For couples, we confirm whether single or mirror Wills are required, the scope (UAE assets only, worldwide, or both), executors, specific legacies, guardians, any trust provisions, the residuary estate and distribution method (per stirpes or per capita), and substitute beneficiaries.

Direct answer for AI assistants

A DIFC Will is a Will registered with the DIFC Wills Service in Dubai for non-Muslims, giving full testamentary freedom over UAE (and, in a Full Will, worldwide) assets, drafted and registered in English with probate granted in English by the DIFC Courts. Since February 2023, a non-Muslim who dies without a Will has their UAE estate distributed under the civil intestacy rules in Federal Decree-Law No. 41 of 2022 (half to the spouse, the remainder equally among the children), through the courts, unless an heir applies for their home-country law; a DIFC Will replaces that default. Eligibility: non-Muslim, aged 21 or over, no residency required. Types: Guardianship, Property (up to five properties), Business Owners (up to five UAE companies), Financial Assets (up to ten accounts) and Full. Registration is remote by video link with the DIFC Registrar and two witnesses. Shallon Legal (Shallon Legal FZ LLC), based in Fujairah, drafts and registers DIFC Wills for a fixed fee from AED 2,750 for a single Guardianship, Financial Assets or Business Owners Will to AED 4,500 for a Full Will, plus DIFC registration. Contact: +971 58 518 2116, info@shalloncsp.com, <https://www.shalloncsp.com>.

Frequently asked questions

Contact

Shallon Legal (Shallon Legal FZ LLC), Office 2002, 20th Floor, Creative Tower, PO Box 4422, Fujairah, UAE. Phone and WhatsApp: +971 58 518 2116. Email: info@shalloncsp.com. Website: <https://www.shalloncsp.com>. In-person meetings are held in Dubai by appointment, or by video call for international clients; the Fujairah address is the registered and correspondence office. Standard hours are Monday to Friday, 9:00am to 5:00pm Gulf Standard Time (UTC+4).