Estate planning in the UAE can be complex, especially for expats with assets spread across different jurisdictions. One strategy that has gained attention in recent years is the use of dual Wills in Dubai, combining a DIFC Will with a local Dubai Will. But when is this approach appropriate, and what are the key considerations?
Understanding DIFC Wills and Local Dubai Wills
DIFC Wills are designed primarily for non-Muslims and are registered with the DIFC Wills and Probate Registry (WPR). They provide clarity and protection for assets such as:
- Bank accounts and investments in Dubai
- Shares and company ownership in DIFC-registered companies
- Real estate properties or any other assets of the testator
A DIFC Will allows expats to have a legal framework that follows international inheritance principles, offering certainty and ease of enforcement.
Local Dubai Wills, on the other hand, are registered with the Dubai Courts and are generally required for assets not covered by DIFC regulations. This typically includes:
- Properties outside the DIFC jurisdiction
- Local bank accounts or personal belongings
- Assets that fall under UAE personal status law
The distinction ensures that each Will covers assets within its respective jurisdiction, minimizing the risk of conflicts or disputes.
Why Consider Dual Wills
Dual Wills can provide clarity, flexibility, and legal security, especially for expats with diverse assets. The main advantages include:
- Separation of Asset Jurisdictions: By dividing assets between the DIFC and local Dubai frameworks, executors and beneficiaries avoid confusion and delays during probate.
- Compliance with UAE Law: DIFC Wills cannot cover properties outside DIFC jurisdiction, while Dubai Courts Wills may not fully align with international inheritance preferences. Dual Wills bridge this gap.
- Faster Probate Process: When each Will addresses specific assets, the probate process becomes smoother, with less back-and-forth between different authorities.
Key Considerations Before Drafting Dual Wills
Before creating dual Wills, consider the following points:
- Consistency is Crucial: Both Wills should be coordinated to ensure there are no contradictions in asset distribution or beneficiary instructions.
- Professional Advice: Work with a legal expert familiar with both DIFC WPR and Dubai Courts regulations to avoid conflicts.
- Clear Asset Segregation: Each Will must clearly define which assets it governs, leaving no ambiguity about what falls under DIFC or Dubai jurisdiction.
- Update Regularly: Any changes to assets or beneficiaries should be reflected in both Wills to maintain alignment.
When Dual Wills Are Most Useful
- Expats with Properties in and outside DIFC: For example, if you own a DIFC-registered company and also a villa in Jumeirah, separate Wills help clarify ownership after your passing.
- Individuals with Local Bank Accounts and International Investments: Dual Wills can ensure smooth execution across jurisdictions.
- Complex Estates: Families with multiple heirs or mixed assets benefit from the clarity dual Wills provide.
Final Thoughts
Dual Wills are not mandatory, but they can be a strategic solution for expats in Dubai seeking legal certainty and efficiency in estate planning. By combining a DIFC Will with a local Dubai Will, you protect your assets, streamline probate, and ensure that your wishes are respected across all jurisdictions.
If you are considering this approach, consult a qualified legal advisor who can help you draft consistent, complementary Wills in Dubai that reflect your estate planning goals. Properly executed dual Wills can save your family time, stress, and potential legal disputes in the future.
