Key Differences Between DIFC Wills & UAE Civil Wills

For expatriates in the United Arab Emirates, securing the future distribution of assets requires careful planning. The UAE legal system offers two distinct frameworks for this purpose: the UAE Civil Will, governed by Federal Law, and the DIFC Will, operating under the independent legal jurisdiction of the Dubai International Financial Centre.

Selecting the correct instrument depends largely on an individual’s assets, family structure, and intentions. This article outlines the key differences between these two systems to help clarify this important decision. For those considering the DIFC route, understanding the role of the DIFC Wills & Probate registry is a fundamental first step.

Governing Law and Jurisdiction:

The primary distinction lies in the applicable law. A UAE Civil Will functions under the UAE’s Federal Civil Transactions Law. In contrast, a DIFC Will operates under the independent DIFC Wills and Probate Law. This gives the DIFC system a foundation in common law principles, which many expatriates find familiar. The DIFC Courts have exclusive authority over DIFC Wills, separating them from the onshore UAE judicial system.

Eligibility and Asset Coverage:

Eligibility criteria differ significantly. UAE Civil Wills are available to non-Muslims and can cover real estate located anywhere in the UAE. However, they do not permit the testator to appoint guardians for minor children. DIFC Wills have specific registration criteria: the testator must be a non-Muslim, own assets within the UAE, and the Will must be drafted in English. Crucially, DIFC Wills can include the appointment of guardians for children, a critical provision for many families. They generally cover financial assets and personal property within the UAE but exclude real estate located outside the DIFC itself.

The Probate Process:

The probate processes present another clear contrast. Administering a UAE Civil Will involves procedures within the local UAE courts, which can require Arabic translations and follow civil law procedures. The process for a DIFC Will is administered by the DIFC Courts and Registry in English. Many professionals consider this process more streamlined and predictable, as it follows a common-law style of probate with set forms and regulated executors.

Your choice between these Will structures hinges on your personal circumstances. Individuals with UAE real estate outside the DIFC may lean toward a UAE Civil Will. Those with complex family dynamics who seek to appoint guardians for minors, or who prefer a common-law probate process conducted in English, often opt for a DIFC Will.