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Protecting your UAE assets: the role of Dubai International Financial Centre (DIFC) Wills in international estate planning
Stephanie Mooney
In an increasingly mobile world, many individuals now hold assets across multiple jurisdictions while living somewhere entirely different from where they were born or began their careers. Despite growing awareness of international estate planning, it is still surprisingly common for expatriates and former UAE residents to assume that their English Will will automatically govern succession of everything they own worldwide. In practice, that assumption can lead to delay, uncertainty and unintended outcomes - particularly where assets are located in countries with very different succession frameworks.
The UAE’s distinctive succession framework
The UAE’s legal system continues to differ fundamentally from that of England and Wales when it comes to succession. Without a valid and recognised Will, Sharia principles may apply to the estates of non‑Muslims, with potentially far‑reaching consequences for surviving spouses and children.
Against that backdrop, DIFC Wills provide a familiar and reliable route for non‑Muslims who want certainty. Governed by common‑law principles and administered through the DIFC Courts, they offer clarity in a jurisdiction where uncertainty can otherwise arise quickly after death.
The growing complexity of international estates
The increasing complexity of cross-border estates makes coordinated planning more essential than ever. It is now far more common for individuals to have:
- A UK domicile or residence
- Historic or ongoing ties to the UAE
- Property or bank accounts spread across several countries
- Children educated or resident in different jurisdictions
While DIFC Wills can now extend beyond Dubai and even cover worldwide assets, this flexibility is not always a reason to use them as a “one size fits all” solution. Instead, their value often lies in forming part of a coordinated estate planning strategy, sitting alongside English and other foreign Wills where appropriate.
Relying on a single domestic Will without considering and taking advice on its international effect is rarely the safest option.
Protecting your children: Guardianship arrangements
For families with children connected to the UAE, guardianship remains one of the most important areas of planning. The UAE’s definition of a minor (under 21) differs from that in the UK, and local procedures following the death of a parent can be unsettling without clear documentation in place.
DIFC Wills allow parents to put express guardianship provisions on record, including interim guardians who can act immediately if both parents die. While these provisions only apply where children are habitually resident in Dubai or Ras Al Khaimah, in the right cases they can provide invaluable protection and reassurance for families navigating an already difficult time.
The importance of professional guidance in cross-border planning
While the DIFC framework is more accessible than it once was, the key decisions underpinning it remain complex. Questions around conflict of laws, tax exposure, domicile and the interaction between multiple Wills rarely have simple answers. If you have assets in the UAE, you should be wary of assuming that your existing arrangements will “probably be fine”. Reviewing how those assets are dealt with on death - and whether a DIFC Will has a role to play - remains an essential step in effective cross‑border planning. Taking specialist advice on this can provide clarity and peace of mind for you and your family.
about the author
Stephanie is a Partner in the Private Client team. She joined Kingsley Napley in 2016 and advises on a broad range of private client matters, with particular expertise in succession planning with a cross-border element.
Stephanie is on the list of registered DIFC Wills Draftsmen and can assist with drawing up a DIFC-compliant Will.
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