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Wills & Probate

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RAK ICC has recently signed an MOU with Dubai International Financial Centre (DIFC) Courts, whereby non-Muslims can now undertake the registration of a DIFC Courts Will through a RAK ICC office. Under the internationally recognised common law jurisdiction of the DIFC Courts, eligible individuals can achieve certainty through registering a Will at the Registry and having this enforced (probate) via the DIFC Court. A DIFC Will is a Will for individuals who either resides or have assets in the Emirates of Dubai and/or Ras Al Khaimah.

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The DIFC has established the DIFC Wills Service which shall administer Wills prior to their registration at the Registry. The Will Services and Registry are under the management of the Dubai International Financial Centre Court.

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Types of Wills

  1. Full Will

  2. Guardianship Will

  3. Property Will

  4. Business Owners Will

  5. Financial Assets Will

 

Use of DIFC Wills

  1. To distribute wealth to spouse and children

  2. To appoint permanent/interim guardians for children

  3. To pass business to families

  4. To pass property to spouse and children

  5. To split wealth between spouse, children and family

 

Types of Wealth and responsibilities

  1. Property

  2. Gratuity

  3. Cars

  4. Children

  5. Luxury goods

  6. Artwork

  7. Financial assets

  8. Company/shares

  9. Boats

  10. Savings

 

Steps to register Wills

  1. Decide on type of Will

  2. Draft Will using a draftsman or yourself

  3. Submit first draft to RAK ICC Will section for review

  4. Book appointment for registration

  5. Meeting of testator and two witnesses at DIFC for Will registration

  6. Will is registered

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Why to register a Will in the United Arab Emirates

  1. Assets distribution – To ensure that assets in the UAE is distributed as per the instruction of the owner and avoid the application of Sharia Law

  2. Guardianship – To avoid the guardianship of children to be decided by the court as per the UAE Law

  3. Savings in banks – To avoid bank account to be frozen for long and spouse can have control after completion of probate process after death

  4. Visa cancellation – Dependent shall leave the UAE after 30 days of death of main visa holder and in such situation a Will is important to facilitate the distribution of assets during a short period of time.

 

Premier Global Fiduciary Services DMCC is an approved Registered Agent of RAK ICC and is here to advise you how best to register a Will in UAE. If you are interested in registering a Will or for guidance and additional information, please feel free to contact us on contact@premier-dubai.com or call us o +97144696707. Know more about our Services.

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