As of 30th June 2019, the DIFC Wills Centre has widened its horizons and reformed the manner in which it regulates the protection of assets, by the coming into force of the Dispute Resolution Authority Order No. 3 of 2019. We have outlined below, a compendium of the amendments documented in the improved DIFC Wills and Probate Registry Rules (New DIFC WPR Rules).
- Geographical Jurisdiction:- Unlike the former position, DIFC Wills Centre now registers wills of non-Muslim which give or dispose of assets of a testator located within the UAE, and anywhere in the world. The geographic barriers restricting the location of assets to the Emirates of Dubai and Ras Al Khaimah, UAE is no longer applicable under rule 11 of the New DIFC WRP Rules.
- However, it should be noted that:- The financial assets wills, property wills, and business owners’ wills shall continue to be valid only for UAE estates; and guardianship wills and guardianship provisions mentioned in the testator’s wills shall continue to be valid only for minors residing in the Emirates of Dubai and Ras Al Khaimah.
- Changes to Witness Requirements:- The New DIFC WPR Rules now require at least two witnesses of the age of majority to be physically or virtually present in front of the Registrar of DIFC Courts at the time of registration. It should be noted that a beneficiary, spouse of a beneficiary, or a guardian, spouse of a guardian is not permitted to witness a will.
- Electronic-format Wills:- Pursuant to the amendment of rule 10 (9) DIFC WRP Rules the Registrar is no longer required to hold on to the hard copy of a will executed by the testator. According to the New DIFC WPR Rules, upon the successful registration of a valid will, the Registrar will retain a copy in electronic format whereas the testator is required to keep the hard copy. Following January 2020, all hard copies will be permanently destroyed and a certified copy of the will conserved in electronic-format by DIFC Wills Centre will be issued to the testator upon a written request being submitted to the Registrar.
The aim of this development by the DIFC is to provide more options to non- Muslim residents in the UAE who wish to acquire assets in other Emirates as well as protecting their assets overseas. However, Testators should be mindful about obtaining local advice in the country that they have assets particularly when it comes to enforcing the Will when it comes to probate.
Disclaimer:
The article above is for informational purposes only and not for the purposes of providing any form of legal advice.
