What is the difference between a DIFC Will and a Dubai Court Will? This is a common question for those planning how their assets should be handled. The two options follow different legal frameworks, and each one has its own process. Taking time to learn the basics is a practical step. Many people choose to speak with professionals such as Just Wills Dubai during this stage.
Legal system and language used:
DIFC Wills follow a common law system, which is similar to legal systems in the UK and other English-speaking countries. The entire process, including registration, is carried out in English. Dubai Court Wills, instead, follow the local Sharia-based legal system. All documents and processes are handled in Arabic, including registration and any future court procedures.
Eligibility and coverage:
DIFC Wills are mainly designed for non-Muslim expats. They allow individuals to distribute assets based on personal wishes instead of following fixed legal rules. Dubai Court Wills are open to both Muslims and non-Muslims. However, if a person is Muslim, the distribution of assets may follow Sharia law unless an exception is approved by the court.
Guardianship and asset control:
DIFC Wills allow the person writing the will to clearly name guardians for their children and detail how assets should be divided. These instructions are accepted and followed by the DIFC court. In the Dubai Court system, guardianship decisions may involve further review, especially in cases involving minors. The courts may step in to assess what is best for the child before confirming guardianship.
Registration and cost:
DIFC Wills are registered with the DIFC Wills Service Centre. This process includes an appointment, review of documents, and registration. It often involves higher costs compared to Dubai Court Wills, due to the legal structure and administrative process. Dubai Court Wills are usually less costly but want Arabic translation and approval through local channels.
Timeframe and process after death:
DIFC Wills are designed to be followed without delays, and the probate process (legal confirmation of the will) is generally quicker and more direct. Dubai Court Wills may take more time due to translation essentials and added legal steps, especially if the will includes foreign elements or involves more than one country.
Both DIFC Wills and Dubai Court Wills offer ways to put final wishes in writing. The right choice depends on personal preferences, language comfort, and financial situation. By learning how each option works, expats can select the process that matches their situation best.