Common Mistakes to Avoid When Drafting a DIFC Will
A DIFC Will allows eligible individuals to specify how their UAE assets should be distributed and who should manage their estate. However, errors in asset descriptions, beneficiary details, or registration formalities can complicate the process after death. Before drafting a Will in Dubai, it is important to understand the requirements and avoid mistakes that could affect how your instructions are carried out.
1. Assuming the Will Covers Every Asset Automatically
A DIFC Will does not automatically cover every asset worldwide. The type of Will matters. A Full Will can cover movable and immovable assets in the UAE and may include overseas assets, although enforcement outside the UAE depends on the relevant jurisdiction. A Property Will covers specified UAE properties, while Financial Assets and Business Owners Wills address particular UAE accounts or shareholdings.
The right Will type depends on the assets you own and how you want them distributed. If you have overseas assets or an existing Will in another country, seek advice on how the documents may interact before registering a DIFC Will.
2. Describing Assets or Beneficiaries Vaguely
General wording can leave uncertainty about what you own or who should inherit it. References to “my Dubai property” or “my bank account” may not identify the asset clearly. Use accurate details and check them against title deeds, account information, or share ownership documents.
Include beneficiaries’ full legal names and state each person’s share or specific gift. You should also consider what should happen if a beneficiary dies before you; substitute-beneficiary instructions can reduce uncertainty.
3. Overlooking Witnessing and Registration Requirements
A Will must meet the DIFC Wills and Probate Registry’s requirements. The DIFC Courts Wills Service requires two witnesses who are at least 18 and are not named as beneficiaries or guardians, or the spouse of a beneficiary or guardian. Eligible executors may act as witnesses.
Signing a document at home or using a generic template is not enough. Follow the current registration process, provide required documents, and ensure the Testator and witnesses attend as instructed. The Registry can refuse registration if the applicable requirements are not met.
4. Failing to Appoint Suitable Executors and Guardians
Your choice of executor is important, as this person will be responsible for administering your estate according to your Will. Choose someone who is willing to take on the role and can deal with UAE institutions and, if necessary, manage assets in other countries. It is also worth naming a substitute executor in case your first choice cannot act.
If you have minor children, consider including guardianship provisions in your Will. The DIFC Courts offer a Guardianship Will, while eligible applicants can also include guardianship provisions in a Full Will. Before making an appointment, check the applicable residence and eligibility requirements and discuss the responsibility with your proposed guardians.
5. Forgetting to Review the Will After Life Changes
An older Will may no longer reflect your wishes. Marriage, divorce, the birth of a child, the death of a beneficiary or executor, and changes in asset ownership are all reasons to review it.
Changes in your family or financial circumstances may also mean that your Will needs updating. Review the document to ensure that the named beneficiaries, executors, guardians, and asset details remain accurate. If you have a registered DIFC Will, follow the Registry’s procedures to make any amendments or register a new Will, rather than relying on handwritten changes or informal notes.
6. Using a Template Without Checking Whether It Fits
The DIFC Courts allow people to prepare their own Wills and provide templates for certain types. However, a template may not allow extra clauses or suit an estate with complex assets or international connections.
A template may not account for specific family arrangements, jointly owned assets, business interests, or overseas property. Review the clauses carefully and confirm that they reflect your intentions and meet the Registry’s requirements. Where your estate involves complex arrangements, seek advice from a qualified professional before registration.
7. Ignoring the Probate Process
Registering a DIFC Will does not remove the need for probate after death. The executor must still follow the applicable process to obtain the necessary grant and administer the estate in accordance with the Will.
Delays may arise if asset records are incomplete, documents are missing, or the executor is unfamiliar with the required procedures. Keep relevant records accessible and ensure your chosen executor understands their responsibilities.
Protect Your Family’s Future With a DIFC Will
A DIFC Will can help eligible non-Muslims set out their wishes for the distribution of their UAE assets and the administration of their estate. However, the document must reflect your circumstances, identify assets and beneficiaries clearly, and comply with the applicable registration requirements.
Review your Will whenever your family or financial circumstances change, and check that your executor and guardians remain suitable for their roles. If you need help preparing or registering a Will, consider seeking guidance from professionals familiar with Wills in Dubai and the relevant DIFC procedures.
