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Legal Corner: The Importance of Filing for a Will in Dubai

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For many people living and working in Dubai, the UAE is not only a place of residence. It is also where they build businesses, acquire property, open bank accounts, hold investments and raise families.

For DMCC shareholders, founders, executives and employees, this means that a significant part of their personal and professional life may be connected to the UAE. Company shares, bank accounts, real estate, digital assets and guardianship arrangements can all form part of a wider estate planning picture.

That is why registering a Will should be viewed as an important step in protecting both family and business interests.

Why a Will matters

In the absence of a registered Will, the distribution of assets after death may be subject to the applicable local succession laws. This may not reflect the personal wishes of the individual, their family arrangements, or the needs of a business.

For business owners, this can create practical challenges. Company shares may need to be transferred. Bank accounts may be affected. Authorised signatories may no longer be available. Trade licence renewals, payments, contracts and operational decisions may all be delayed if succession planning has not been properly addressed.

For families, the issues can be even more personal. A Will can help provide clarity on who should inherit assets, who should administer the estate, and who should act as guardian for minor children.

The DIFC Courts Wills Service provides eligible non-Muslims investing and living in the UAE with a clear mechanism to register a Will in English through the DIFC Courts framework.

The DIFC Courts Wills Service

The DIFC Courts Wills Service enables eligible non-Muslims to register Wills covering their UAE assets and, where relevant, guardianship arrangements for minor children.

The service provides administrative support to the DIFC Courts Wills Registry for Non-Muslims, where DIFC Courts Wills are registered and where probate matters and probate claims are handled.

The Wills Service is designed to provide certainty, efficiency and enforceability. Once registered, a DIFC Courts Will allows the person’s UAE assets to be distributed in

accordance with the instructions set out in their Will, subject to the applicable rules and requirements.

Types of DIFC Courts Wills

The DIFC Courts Wills Service offers several types of Will, depending on the individual’s circumstances and the assets they wish to cover.

Full Will

A Full Will is suitable for individuals who wish to cover a variety of assets, or who wish to include both asset distribution and guardianship provisions in one Will. It may be appropriate for individuals with a combination of property, bank accounts, company shares, investments and family considerations.

Business Owners Will

A Business Owners Will is particularly relevant for DMCC shareholders and company owners. It can cover up to five separate shareholdings in free zone or UAE onshore companies situated in the UAE, including companies incorporated in accordance with UAE Federal Law.

For DMCC members, this can be an important part of business continuity planning. It allows eligible shareholders to set out how their shares should be transferred in the event of death, helping to reduce uncertainty for beneficiaries, partners and the company.

Financial Assets Will

A Financial Assets Will is designed for individuals who wish to cover financial assets such as bank or brokerage accounts. This may be useful for residents and business owners who hold savings, investment accounts or other financial assets in the UAE.

Property Will

A Property Will allows eligible individuals to deal with specific real estate assets. It may be suitable for those who own property and want to make clear arrangements for how that property should be transferred.

Guardianship Will

A Guardianship Will allows parents to appoint guardians for minor children. This can include arrangements for interim and permanent guardians, giving parents greater clarity and reassurance over who should care for their children if both parents pass away.

Digital Assets Will

The Digital Assets Will reflects the increasing importance of digital wealth and digital ownership. It allows eligible individuals to make arrangements for digital assets through the DIFC Courts Wills Service. Individuals registering a Full Will may also have the option to include digital assets within that Will.

Why this matters for DMCC shareholders

DMCC is home to a large international business community, including entrepreneurs, family businesses, investors, executives and professionals from across the world. For many of these individuals, the value of their business or professional life in Dubai may be closely linked to their company shares, personal assets and family responsibilities.

A clear estate plan can help answer important questions, including:

  • Who should inherit company shares?

  • Who should administer the estate?

  • How should business continuity be protected?

  • Who should care for minor children?

  • How should UAE bank accounts, property and digital assets be dealt with?

  • Have the relevant documents, passwords and ownership records been properly organised?

For shareholders, a Will should sit alongside wider business continuity planning. Companies should also consider authorised signatories, banking access, trade licence renewals, shareholder arrangements and practical steps to ensure the business can continue operating if a key shareholder or director passes away.

Online and accessible registration

The DIFC Courts Wills Service provides online facilities for eligible individuals to prepare and submit certain Wills for registration. Depending on the type of Will, registration appointments may be conducted virtually, with electronic signing and secure storage of the registered Will.

Applicants are strongly encouraged to consider taking independent legal advice, particularly where company structures, family arrangements, assets or beneficiary arrangements are complex.

Part of the wider DMCC-DIFC Courts partnership

DMCC and the DIFC Courts have expanded their strategic partnership to support DMCC’s business community with access to a broader suite of legal and court-related services.

In addition to the Wills Service, DMCC members can access information and guidance on DIFC Courts services including opt-in jurisdiction, the Digital Economy Court, Mediation Service Centre and Notary Service.

For DMCC shareholders, founders, executives and staff, the Wills Service remains one of the most practical steps available to support personal planning, business continuity and family protection in the UAE.

 

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