In Dubai, individuals have the option of creating a DIFC Will or a regular will, each with its unique features and implications. Learning about the differences between these two options can help you choose the one that aligns with your needs. DIFC wills, specifically designed for non-Muslims; provide a distinct legal framework that offers flexibility and clarity for estate planning in Dubai.
Jurisdiction:
One of the primary differences lies in the jurisdiction. A DIFC Will falls under the jurisdiction of the DIFC (Dubai International Financial Centre) Courts, which operate under a common law framework. Regular wills, instead, are typically governed by local UAE laws and may be subject to Sharia law unless specified otherwise.
Legal framework:
DIFC Wills are based on international legal principles familiar to expatriates from countries like the UK or the US. This common law approach provides a clear and predictable structure. Regular wills in Dubai may default to local legal frameworks, which can be less familiar to expatriates and may result in the application of Sharia principles.
Asset distribution:
With a DIFC Will, non-Muslim individuals can freely distribute their local and international assets according to their wishes. Regular wills may be subject to UAE law, which can impose restrictions on asset distribution, particularly for expatriates who do not specify their preferences clearly.
Guardianship provisions:
DIFC Wills allow for the appointment of guardians for minor children, a key feature for expatriates living in Dubai. Regular wills may require additional steps or documentation to establish guardianship, depending on the local legal system.
Registration process:
The DIFC Wills and Probate Registry offer a streamlined registration process with minimal requirements. Regular wills may involve a longer registration process through Dubai Courts and possibly more complex documentation.
Enforcement:
DIFC Wills are directly enforceable through the DIFC Courts, ensuring that the wishes outlined in the will are carried out as intended. Regular wills may face additional legal scrutiny, especially if they do not fully comply with UAE laws.
By understanding these differences, you can decide whether DIFC wills are the right option for securing your estate and ensuring your wishes are honored.