As the head of the Wills and Inheritance Department, it must be noted that I spend a great deal of my time with the administration of estates. This includes for example the application of Shariah law in the courts, where no will is present, the recognition of foreign wills within the UAE, the enforcement of ADJD Wills, and the enforcement of DIFC Wills (which in this case so happens to be.)
I recently assisted a client with a significant probate matter in Dubai and had followed the usual steps outlined by the DIFC. As we were working through the process, we had received notice from the registrar of the DIFC that the process had now changed and that Law 2 of 2025 would now apply to all probate matters whereby a DIFC will has been registered.
Hands-on Experience – Theory vs Practice
Law 2 of 2025 places strong emphasis on the fact that the DIFC now has exclusive jurisdiction over the enforcement of non-Muslim Wills, under Article 31(5) regardless of whether assets are located within or outside of the DIFC.
Previously, the DIFC courts needed to coordinate with courts to effect the administration process. The direct application of probate orders adds further legal certainty and convenience for Dubai-based non-Muslim residents, as well as international investors.
Though many may regurgitate the content of the new law, I am happy to state that we at James Berry & Associates have hands-on experience to support the theory.
The following is based on the above matter, which we are in the process of concluding, and our experience thus far.
The facts and steps followed:
- The testator/deceased had been the owner of numerous properties within Dubai at the date of his death.
- He had also owned vehicles and bank accounts. The value of the estate had been rather significant at the date of his death, and in his DIFC will, his wishes were made very clear.
- The executor had approached us to obtain the probate order and to administer the estate.
- We initiated the process as we had done numerous times over the years, (based on the process followed previously.) The DIFC issued us with the probate order upon completion of the relevant process.
- We were informed shortly thereafter that the new law had been enacted and that we may now approach the entities for direct application. The DIFC had also encouraged us to seek their assistance should we face any further issues.
- We had followed the instructions by the DIFC and received confirmation from the RTA as well as the banks that they had accepted this position and that the assets would be transferred.
- We are also fairly certain that the DLD will reach the same conclusion and transfer the properties to named beneficiaries per the last wishes of the deceased.
The Effect of the new law
The express exclusion of the Dubai courts means that the process itself has been streamlined, and in effect, the cost has been reduced significantly. Efficiency is key, and the need for the DIFC to provide constant support has been done away with. Executors may administer the estate with clear statutory provisions, which only adds to legal certainty as a factor.
Final Thoughts
With the enactment of Law No. 2 of 2025 the DIFC, has yet again shown its dedication towards providing expats with security, and peace of mind. Testamentary freedom has no meaning unless accompanied by legal certainty. As time moves forward, so does the law, ever evolving, and the UAE remains the pioneer.
Should you wish to conclude a DIFC Will, do reach out to us. Please always make sure that you correspond with a registered DIFC Wills Draftsman prior to seeking legal assistance.
Head of Wills and Inheritance