Types of wills recognised in the DIFC and how to draft them

The DIFC Wills Registry recognises two main types of wills for non-Muslims - the DIFC Will and the DIFC Mutual Will - and both are governed by DIFC Law No. (10) of 2004 Concerning the DIFC Courts and DIFC Law No. (2) of 2025 Concerning Dubai International Financial Centre Courts【Legal Authorities.pdf】.

Related Services: Explore our DIFC Courts and Muslim Wills services for practical legal support in this area.

WHAT ARE THE DIFFERENCES BETWEEN A DIFC WILL AND A DIFC MUTUAL WILL?

A DIFC Will is a unilateral testamentary document that disposes of the testator's assets on death, while a DIFC Mutual Will is a reciprocal agreement between two persons, usually spouses, whereby each agrees to leave their estate to the other and to refrain from altering the will without the other's consent【Legal Authorities.pdf】.

A DIFC Will requires the testator to be of sound mind, at least 21 years old, and to sign the will in the presence of two witnesses who are not beneficiaries or their spouses【Legal Authorities.pdf】. The will must be registered with the DIFC Wills Registry within 30 days of execution; registration entails submission of the original will, a copy of the testator's passport, Emirates ID, and a completed registration form, together with a registration fee of AED 1,500【Legal Authorities.pdf】.

A DIFC Mutual Will follows the same formalities as a DIFC Will, but both parties must execute the instrument simultaneously and each must receive independent legal advice before signing【Legal Authorities.pdf】. After execution, the mutual will is also registered with the DIFC Wills Registry, and the same documentation and fee apply【Legal Authorities.pdf】. The mutual will creates a binding obligation that neither party may revoke or amend without the other's written consent; any attempt to do so is treated as a breach of contract and may give rise to a claim for specific performance or damages under DIFC Contract Law【Legal Authorities.pdf】.

HOW DOES THE DIFC COURTS ENFORCE A WILL REGISTERED OUTSIDE THE DIFC?

Judgments, decisions or orders of the DIFC Courts concerning a registered will are enforceable anywhere in the UAE and abroad through the competent enforcement authority, provided the will was registered in accordance with DIFC Law No. (2) of 2025 and the enforcement proceedings comply with the DIFC Courts Ancillary Services Rules【Legal Authorities.pdf】.

The enforcement process begins with an application for recognition and execution filed with the DIFC Courts, accompanied by a certified copy of the registered will, a death certificate, and proof of the applicant's interest【Legal Authorities.pdf】. The DIFC Courts will issue an enforcement order within 15-20 working days if the documents are in order; the order is then forwarded to the relevant UAE civil court or foreign authority for execution【Legal Authorities.pdf】. No additional court fees are prescribed for the recognition stage, but the enforcing authority may charge its own fees according to local legislation【Legal Authorities.pdf】.

WHAT ARE THE PROCEDURAL STEPS TO DRAFT A DIFC WILL?

Drafting a DIFC Will involves the following steps: first, the testator identifies all assets located in the DIFC or elsewhere that they wish to bequeath; second, they appoint an executor who must be a natural person of legal capacity and not a beneficiary; third, they specify the beneficiaries and the share each is to receive; fourth, they include any guardianship appointments for minor children; and fifth, they add a residuary clause to cover any assets not expressly mentioned【Legal Authorities.pdf】.

The draft must be reviewed by a qualified lawyer familiar with DIFC Wills Registry requirements to ensure compliance with the formalities set out in DIFC Law No. (10) of 2004 and DIFC Law No. (2) of 2025【Legal Authorities.pdf】. Once finalised, the testator signs the will in the presence of two witnesses, who also sign and provide their full names, addresses, and passport numbers【Legal Authorities.pdf】. The signed will is then submitted to the DIFC Wills Registry for registration, together with the required documents and fee, after which the registry issues a certificate of registration that serves as proof of the will's validity【Legal Authorities.pdf】.

WHAT ARE THE PROCEDURAL STEPS TO DRAFT A DIFC MUTUAL WILL?

Drafting a DIFC Mutual Will mirrors the steps for a DIFC Will, with the added requirement that both parties obtain independent legal advice before signing【Legal Authorities.pdf】. After each party has received advice, they meet to execute the mutual will simultaneously; each signs the document in the presence of the same two witnesses, who must be independent of both parties and their families【Legal Authorities.pdf】.

The mutual will must contain reciprocal clauses stating that each party leaves their entire estate to the other, and that neither party may revoke or amend the will without the other's written consent【Legal Authorities.pdf】. A clause detailing the procedure for resolving disputes over the mutual will, such as referral to the DIFC Courts, is advisable【Legal Authorities.pdf】. After execution, the mutual will is registered with the DIFC Wills Registry using the same documentation and fee as a DIFC Will, and the registry issues a certificate of registration for each party【Legal Authorities.pdf】.

WHAT ARE THE COSTS AND TIMELINES ASSOCIATED WITH REGISTERING A DIFC WILL?

The DIFC Wills Registry charges a flat registration fee of AED 1,500 for each will submitted【Legal Authorities.pdf】. There are no additional stamp duties or notarial fees under DIFC law【Legal Authorities.pdf】. The registry aims to process registration applications within five working days of receipt of a complete application; however, if documents are missing or require clarification, the process may extend to ten working days【Legal Authorities.pdf】.

Applicants should budget for legal drafting fees, which vary according to the complexity of the estate and the lawyer's rates, but are not prescribed by the DIFC Courts【Legal Authorities.pdf】. The total time from initial consultation to receipt of the registration certificate typically ranges from two to four weeks, assuming prompt provision of information and no disputes over the will's content【Legal Authorities.pdf】.

FREQUENTLY ASKED QUESTIONS

What law governs the DIFC Wills Registry?
The DIFC Wills Registry operates under DIFC Law No. (10) of 2004 Concerning the DIFC Courts and DIFC Law No. (2) of 2025 Concerning Dubai International Financial Centre Courts, which set out the requirements for will execution, witnessing, and registration【Legal Authorities.pdf】.

Can a Muslim execute a will in the DIFC Wills Registry?
No. The DIFC Wills Registry is expressly limited to non-Muslims; Muslims must resort to the UAE Personal Status Court or the Sharia courts for testamentary matters【Legal Authorities.pdf】.

What happens if a witness to a DIFC Will is also a beneficiary?
The will is rendered invalid because DIFC Law No. (10) of 2004 requires witnesses to be disinterested parties; any interested witness disqualifies the attestation and the will must be re-executed with suitable witnesses【Legal Authorities.pdf】.

Is it necessary to appoint an executor in a DIFC Will?
Yes. The testator must name an executor who is competent to administer the estate; failure to do so results in the DIFC Courts appointing a statutory administrator under DIFC Law No. (2) of 2025【Legal Authorities.pdf】.

Can a DIFC Mutual Will be amended after one party's death?
No. Upon the death of one party, the surviving party is bound by the mutual will's reciprocal provisions and may not alter the disposition of the deceased's estate; any attempted amendment is ineffective and may be challenged as a breach of the mutual agreement【Legal Authorities.pdf】.

What remedies exist if a party breaches a DIFC Mutual Will?
The aggrieved party may seek specific performance, compelling the breaching party to adhere to the mutual will's terms, or claim damages for loss caused by the breach, pursuant to DIFC Contract Law and the DIFC Courts' civil procedure rules【Legal Authorities.pdf】.

If your matter involves what are the types of wills in DIFC in the United Arab Emirates, you are welcome to request a consultation with Nour Attorneys. Our team can assess your position under the law currently in force and outline the options available to you. Request a consultation

This article is provided for general informational purposes only and does not constitute legal advice. Reading this article or contacting Nour Attorneys through this website does not create an attorney-client relationship; such a relationship arises only after a conflicts-of-interest check and a signed engagement agreement. Do not send confidential information through this website; information submitted before engagement is not protected by legal privilege. Past results do not guarantee future outcomes. The firm's lawyers practice in the jurisdictions stated in their individual profiles; this article addresses the law of the United Arab Emirates only.