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The True Cost of Not Planning Ahead: Why a DIFC Will Deserves Serious Consideration in the UAE

13 min read

Estate planning in the UAE is not simply about deciding who inherits your assets. It is about protecting your family, preserving your intentions and ensuring that your estate can be administered as efficiently and cost-effectively as possible.

For many expatriates living in the UAE, making a Will is something they intend to do eventually. They may own property in Dubai, maintain substantial bank accounts, hold shares in businesses, or have young children whose future care is a primary concern. Yet estate planning is often postponed until a major life event forces the issue.

One reason is cost. When our clients compare Will registration options, the initial registration fee often becomes the deciding factor. A lower upfront fee can appear to be the obvious choice, particularly when the Will is viewed as a document that will hopefully never need to be used.

But this approach overlooks a fundamental point: the cost of a Will should be assessed across its entire lifecycle, not simply on the day it is registered.

For clients considering their estate planning options in the UAE, the DIFC Courts Wills Service offers a structured framework that deserves particular attention. Its advantages become clearer when the financial and administrative implications are considered in three phases: registration, subsequent amendments, and probate.

1. Why having a Will in the UAE matters

A Will is more than a document recording a person’s final wishes. It is an important part of protecting the people and assets that matter most to them.

Without an appropriate Will, the administration and distribution of an estate may become more complicated. Family members may face additional procedural requirements, uncertainty over the applicable succession rules, and delays in accessing assets. Where a deceased person leaves minor children, the absence of clear guardianship provisions can create an additional layer of uncertainty for the surviving family.

These issues are particularly relevant in the UAE, where expatriates may have assets across several jurisdictions, family members living in different countries and financial arrangements that have developed over many years.

A properly prepared and registered Will can provide greater certainty by identifying beneficiaries, appointing executors and setting out how the testator wishes their estate to be distributed. Where appropriate, it can also include provisions concerning the guardianship of minor children.

However, not all Wills are registered under the same legal framework, and choosing the right registration route is an important part of effective estate planning.

The DIFC Courts Wills Service provides non-Muslims with a dedicated mechanism for registering Wills covering eligible UAE assets and, where applicable, guardianship arrangements. 

2. The three-phase financial test

When advising clients on Will registration, I feel it is useful to consider three separate financial stages:

  1. The cost of registering the Will.
  2. The cost of amending or updating it.
  3. The cost of obtaining probate and administering the estate.

The first figure is visible immediately. The other two are frequently overlooked, despite their potential significance over the lifetime of the Will.

Phase One: The initial registration cost 

The Abu Dhabi Judicial Department (ADJD) offers a civil Wills registration route, including a standard Will option. Its published Civil Family Court guidance has listed registration fees of AED 950 for a regular Will and AED 2,500 for a special (expedited) Will. Clients should verify the current applicable fees and requirements before proceeding, particularly where administrative procedures have changed.

By comparison, the published DIFC Courts Wills Service fee schedule sets out the following registration fees as below:

DIFC Will typeSingle WillMirror Wills
Full WillAED 10,000AED 15,000
Property WillAED 7,500AED 10,000
Business Owners WillAED 5,000AED 7,500
Financial Assets WillAED 5,000AED 7,500
Digital Assets WillAED 5,000AED 7,500
Guardianship WillAED 5,000AED 7,500

(Fees are based on the published DIFC Courts schedule and should be checked against the current fee schedule before registration.)

At first glance, the difference is substantial. A client comparing a standard ADJD Will with a DIFC Full Will may understandably question why they should pay considerably more for registration.

That is a reasonable question, but it is not the complete financial analysis.

The two options should not automatically be treated as equivalent products. Their scope, eligibility requirements, asset coverage, drafting requirements and eventual administration processes must be considered.

The correct comparison is therefore between solutions that meet the client’s actual estate planning needs.

For clients who require a comprehensive Will, wish to appoint executors and guardians where appropriate, and want to establish a clear route for the future administration of their UAE estate, the initial registration fee should be considered an investment in the wider process rather than an isolated expense.

Phase Two: The Cost of Amending a Will

A Will should not be treated as a document that can simply be filed away and forgotten.

Marriage, divorce, the birth of a child, the acquisition of property, changes in business ownership and the relocation of family members can all affect an estate plan. A Will that was appropriate five years ago may no longer reflect the testator’s wishes today.

The cost of keeping a Will up to date is therefore an important consideration.

Under the published DIFC Courts Wills Service fee schedule, the fee for modifying a registered Will is AED 570 per Will. A modification generally requires the revised Will to be signed and registered through the applicable process, rather than simply adding an informal amendment to the existing document.

For a married couple with mirror Wills, the published modification fee applies separately to each Will. The cost of updating both Wills would therefore ordinarily be AED 1,140 in registration fees, excluding professional drafting fees.

This is a meaningful advantage for clients who anticipate that their estate plans may evolve over time. The financial commitment to maintaining a DIFC Will can be relatively modest when compared with the initial registration fee.

There is, however, an important distinction between a substantive amendment and an administrative update. The DIFC Courts Wills Service indicates that changes to personal information, such as contact details and addresses, can be updated without a modification fee. Changes to beneficiaries, executors or substantive provisions generally require a formal modification.

A further consideration is the type of Will registered. The DIFC Full Will is designed to cover movable and immovable property within its scope, including assets acquired after registration and before death. Consequently, acquiring another asset does not necessarily require a modification every time, although changes to beneficiaries, executors, specific gifts or other provisions may do so.

A Property Will, by contrast, is restricted to the properties specifically included in it. Acquiring additional property may therefore require an update to ensure the new asset is covered.

This distinction can materially affect the long-term cost of maintaining an estate plan.

The real question is not simply how much it costs to register a Will today, but how much it will cost to keep that Will effective as your life and assets change.

Phase Three: The cost of probate and estate administration 

The third phase is often the most important, yet it is the one clients are least likely to consider when they first register a Will.

Probate is the process through which the relevant authority recognises the executor’s authority to administer the deceased’s estate. Depending on the assets involved, the executor may need to deal with banks, the Dubai Land Department, RTA, Free-Zone authorities, Company Registries and other institutions before assets can be transferred to beneficiaries.

The process can involve court fees, property transfer charges, government fees and professional costs. The amount ultimately payable will depend on the estate, the assets involved, the applicable procedures and whether any disputes arise.

The DIFC probate framework provides a defined administrative pathway. Once an application is submitted, a Case Progression Officer is assigned as the executor’s point of contact during the proceedings. Where required, the Grant of Probate or Guardianship Order may be submitted to the Dubai Courts for conversion into a Dubai Courts judgment, enabling the relevant execution procedures to be followed in relation to the estate’s assets.

This is an important practical consideration. The value of an estate administration framework is not measured solely by the court fee charged for an application. It also lies in the clarity of the process, the coordination of the relevant steps and the ability of the executor to understand what must happen next.

It is equally important to recognise that a DIFC Grant of Probate does not eliminate every subsequent cost. Property transfer fees, other government or commercial charges and the cost of professional assistance may still apply. The DIFC Courts’ published guidance expressly recognises these potential additional expenses.

Nevertheless, for clients whose circumstances are suited to the DIFC framework, the availability of a dedicated probate process and an established administrative pathway can be a significant advantage when the estate eventually needs to be administered.

This is precisely why probate should be considered at the outset, rather than left until after a death.

Estate planning in the UAE

3. Registration Fees: An Illustrative Comparison

Consider a client who is choosing between Will registration options primarily on the basis of the initial fee.

A lower-cost registration may initially appear more attractive. However, if the client later needs to revise the Will, update the scope of the assets covered or navigate the administration of an estate, the initial saving may not tell the whole story.

The financial comparison should instead consider:

  • The initial registration fee for a Will that meets the client’s needs.
  • The anticipated number and cost of future amendments.
  • The applicable probate application fees.
  • The potential costs of transferring assets.
  • The professional fees associated with drafting, probate and estate administration.
  • The administrative burden on executors and the potential impact of delays.

It would be misleading to claim that a DIFC Will is always cheaper overall than an ADJD Will. The final result depends on the type of Will, the applicable fee schedule, the nature and location of the assets, the number of changes required and the circumstances of the eventual probate application.

However, a client who focuses exclusively on the initial registration fee risks making an incomplete decision.

Where a DIFC Will offers the appropriate scope of coverage, a relatively modest, published amendment fee and a dedicated probate framework, it may represent better long-term value than the initial price difference suggests.

The comparison should be made on a like-for-like basis, using the client’s actual circumstances rather than registration fees in isolation.

4. Law No. 2 of 2025: the importance of the wider DIFC framework

The legal framework supporting DIFC Wills is another important consideration.

Dubai Law No. 2 of 2025, concerning the DIFC Courts, was issued on 3 March 2025 and came into force following publication in the Official Gazette. The legislation provides the statutory framework for the organisation, jurisdiction and functions of the DIFC Courts.

Importantly for estate planning, the law expressly provides for a Non-Muslims Wills Registry under the DIFC Courts’ ancillary services and a separate registry responsible for applications, claims and the enforcement of judgments, including the enforcement of non-Muslims’ Wills.

The Law also addresses the jurisdiction of the DIFC Courts in relation to claims and applications arising from or connected with non-Muslim Wills registered with the DIFC Courts, as well as the enforcement of registered non-Muslim Wills.

These provisions sit within the wider framework governing the DIFC Courts and the administration of non-Muslim estates in Dubai.

For clients, the practical significance is that a DIFC Will is supported by an identifiable statutory and procedural structure extending beyond the initial act of registration. The Will is connected to a dedicated registry and a court framework that provides for the handling of relevant applications, disputes and enforcement matters.

This should not be confused with a guarantee that every estate will be administered without delay or complication. The circumstances of each estate remain relevant, and cross-jurisdictional assets or disputes may require additional steps.

Nevertheless, the existence of a defined institutional framework is an important factor when choosing how to structure an estate plan intended to operate when the testator is no longer able to manage their own affairs.

5. ADJD and DIFC: choosing the right route

The ADJD civil Wills framework remains an important option for individuals whose circumstances make it suitable. Abu Dhabi has developed a civil framework for wills and inheritance, and its published guidance recognises the ability of eligible testators to direct the distribution of their assets through a registered Will. It further makes provision for the registration of Muslim expat wills, which in itself is a great achievement.

At the same time, registration procedures and administrative requirements can evolve. Recent administrative developments have made it particularly important for practitioners and clients to confirm the applicable requirements before choosing a registration route.

This is not a question of one authority being inherently preferable in every case. It is a question of selecting a framework that aligns with the client’s assets, objectives and anticipated administration requirements.

For clients with significant UAE assets, evolving family circumstances or a need for comprehensive estate planning, the DIFC Courts Wills Service deserves serious consideration. Again, as noted, the DIFC option is only available to non-Muslim expats. Its range of Will types, published modification fee and dedicated probate framework can make it an attractive option when assessed across the entire lifecycle of the Will.

The correct choice should be made following a review of the applicable law, eligibility requirements, asset coverage and current fees, rather than relying on the headline registration price alone.

6. Estate planning in the UAE is ultimately about the people left behind

The purpose of a Will is not simply to distribute money or property. It is to reduce uncertainty at a time when a family is already dealing with loss.

A well-considered estate plan can help establish who is responsible for administering the estate, who should receive the assets and, where legally applicable, who should care for minor children. It can also reduce the likelihood that family members will have to navigate avoidable uncertainty while dealing with banks, property authorities and other institutions.

The financial deleterious effects of a poorly considered estate plan may extend far beyond the cost of preparing a Will. Delays, additional professional fees, disputes and unnecessary administrative burdens can affect the very people the testator intended to protect.

This is why the decision should be approached strategically.

The initial registration fee matters. But so do the cost of future amendments, the probate process and the framework through which the estate will ultimately be administered.

For many eligible non-Muslim expatriates, the DIFC Courts Wills Service offers a compelling combination of structured registration, transparent modification fees and an established probate process. When these features are assessed together, the value proposition can be considerably stronger than a comparison of upfront fees would suggest.

The best Will is not necessarily the cheapest Will to register. It is the Will that most effectively protects your intentions, provides clarity for your family and can be administered in a manner that is appropriate for your estate.

Estate planning should therefore begin with a broader question: not simply what will it cost to make a Will today, but what will it mean for the people you leave behind?

Speak to a Wills Lawyer in the UAE

Whether you are making your first Will, updating an existing one or comparing DIFC and ADJD options, our estate planning lawyers can review your assets and family circumstances and recommend the right route. Contact our team today to book a consultation.

Disclaimer: registration, amendment and probate fees depend on the individual’s circumstances and the rules in force at the relevant time. Independent legal advice should be obtained before registering or amending a Will.