Sean Hird, PhD

Director, WPR

25 January 2016

In Association With:

DIFC Wills & Probate Registry

DIFC Wills and Probate Registry - www.difcprobate.ae

• Joint initiative of the Government of Dubai and the DIFC Courts

• Public entity of the Dubai government

• Launched on 4 May 2015

from left to right

• Mr. Abdul Aziz Al Ghurair (Board Member, DIFC)

• Mr. Michael Hwang (Head of the DIFC Dispute Resolution Authority and Chief Justice of the DIFC Courts)

• H.E. Essa Kazim (Governor of the DIFC)

• Dr. Ali Ibrahim Al Emam (Head of Cassation Courts in Dubai)

Dubai Government Initiative

226 January 2017

Part of the Dubai Legal System

Law No. 7 of 2014 issued by

Sheikh Maktoum bin Mohammed bin Rashid Al Maktoum

Dispute Resolution

Authority

WPR Dubai Courts

Probate Court Orders: effective throughout Dubai

DIFC Wills and Probate Registry - www.difcprobate.ae 326 January 2017

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• Encouraging inward investment

• Retaining wealth - creating stability

• Non-MENA jurisdictions typically offer total freedom for inheritance distribution

• DIFC Courts’ Probate Orders now cover RAK assets (from December 2016)

• RAKICC company shares (and other RAK assets) can be disposed off under a DIFC Will

Increasing investment in UAE

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• No Will = application of UAE law (embodying Sharia principles)

• Distribution: Certainty [YES] Choice [NO]

• Who gets what?

Husband dies Wife dies

Scenario 1: No Will

Wife Husband's mother

Husband's father Son

Daughter

Husband Wife's mother

Wife's father Son

Daughter

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• Wills assessed in the Dubai or RAK Family Court

• Family Court Judges trained in Sharia legal principles

• Difficult to get Wills upheld

• Cases referred to the Court of Appeal and Court of Cassation

• Considerable legal costs (AED 100,000’s); timeframe typically 2+ years to process

Scenario 2: Will not registered with the DIFC

• DIFC Wills and Probate Registry - New Rules -New System

• Based on international best practice

• Complete freedom to dispose of assets

• Fast and Efficient

• Enforceable – via DIFC Courts – within Dubai and RAK

• Cost Effective

Option 3: DIFC Wills & Probate Registry

DIFC Wills and Probate Registry - www.difcprobate.ae 726 January 2017

DIFC Will = Certainty and Enforceability

DIFC Wills and Probate Registry - www.difcprobate.ae 826 January 2017

• Grants of Probate issued by the DIFC Courts

• Orders are issued in English and Arabic

• Probate Orders specify the property to be transferred and the beneficiaries

• Enforcement made easier through MOUs signed Dubai Land Department and the Department of Economic Development and Free Trade Zones (eg DMCC) etc

DIFC Wills and Probate Registry - www.difcprobate.ae

• Non-Muslims only

• Opt-in arrangement

• Registrable wills must be in the English language

• Only applies to Dubai assets

• Both residents and non-residents can register wills

• WPR does not provide legal advice and does not draft wills

• Comprehensive rules and easily understood

• Probate orders issued by the DIFC Courts (effective throughout Dubai)

WPR Rules – Key Features

926 January 2017

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• Guardianship provisions:

• Full DIFC Wills (all assets + guardianship provisions)

• Guardianship Wills

• Guardian vs. Custodian - key differences

• Spouse and third party appointments

• Permanent and Interim appointments

• Reduced fees for Guardianship Wills

Looking after your Family

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• Innovation – responding to market demand

• Launched on 6 September

• Template will available to complete online – via the WPR website

• Limited to up to 5 properties

• Simple, easy to complete - but not appropriate for every situation

• Reduced registration fees

The Property Will

DIFC Wills and Probate Registry - www.difcprobate.ae

• Simple and straightforward, appointments on line

• Prior to the appointment, we:

• review the draft

• answer specific questions

• At the appointment (1 – 1½ hours):

• The Registration Officer reads the draft will to the testator

• Amendments are made to the will if necessary

• The Registration Officer acts as the 2nd witness

• Certified copies are given to the testator and the original retained at the WPR and stored electronically [encrypted]

The Registration Process

1226 January 2017

The first will registration

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• 1900+ wills have been registered

• Approximately 30 wills registered each week

• 70% of registered wills are ‘mirror wills’ (husband and wife)

• 43% of registrants are women

• 31% of all wills registered are for Indian passport holders

• Wide range of nationalities (55% Europeans)

• Youngest registrant was 23 years old, oldest was 94.

• 2 probate cases (+3 in the pipeline) – all include property assets

Facts and Figures

The Registry opening hours are 9 am to 5.30 pm, Sunday to Thursday, by appointment only

DIFC Wills and Probate Registry - www.difcprobate.ae

• Single Standard Will registration: AED 10,000

• Mirror Standard Wills registration: AED 15,000

• Guardianship Will registration: AED 5,000

• Mirror Guardianship Wills registration: AED 7,500

• Single Property Will registration: AED 7,500

• Mirror Property Wills registration: AED 10,000

• Modification of a registered will: AED 550

• Grant of Probate: AED 5,500

Registry Fees

1426 January 2017

0% Easy Payment Plans

DIFC Wills and Probate Registry - www.difcprobate.ae

Director*

Senior Legal

Officer*

Customer Service

Representative

Registration

Officer#Registration

Officer#

Administrative

Assistant#Senior Manager

Professional Team

* UK qualified solicitors# Law graduates

1526 January 2017

Registration Team