The DIFC Wills and Probate Registry (the ‘Registry’) was established by Resolution Number 4 of 2014. The Registry operates pursuant to a comprehensive set of rules as amended and supplemented by Practice Directions issued from time to time by the DIFC Courts. The Registry’s Rules are based on ‘Common Law’ principles. The Registry’s Rules were issued pursuant to the Dispute Resolution Authority Order No.1 of 2015, dated 29 April 2015. The effect of these rules is that non-Muslims now have the right to choose their home country law to govern inheritance matters. They can do this by registering a Will covering property in Dubai or Ras Al Khaimah or for guardianship of children habitually resident in Dubai or Ras Al Khaimah.
With the introduction of the Wills and Probate registry in the DIFC, non Muslims are now able to register their Wills for their property in Dubai and also provide for the custody and guardianship of their children without approaching the Shariah Courts. Lutfi & Co have qualified lawyers that can assist clients in preparing and executing Wills that can be registered with DIFC Wills and Probate Registry.
There are certain conditions that must be complied with for registration of Wills with the DIFC Wills and Probate Registry. The DIFC Wills and Probate Registry recommends that any Will sought to be registered be prepared after obtaining advice from a Registered Wills Draftsman. Lutfi & Co’s registered Wills Draftsman can advise the client on the types of Wills that can be registered with the DIFC Wills and Probate Registry, the conditions for registration, the contents of the Will, the most suitable structure for the client and assist clients in drafting their Wills in accordance with the rules of the DIFC Wills and Probate Registry.