United Arab Emirates - the latest "tax haven" to sign up to enhanced tax transparency
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The Dubai International Finance Centre (DIFC) Wills Service Centre was established in 2015 to enable non-Muslims to register an English-form Will to deal with assets located in Dubai on their death and avoid the application of Sharia law.
In 2019, the DIFC updated their rules so as to allow a DIFC Will to cover assets located not just in Dubai but worldwide. This extension of scope was welcomed but consideration should still be given in each case as to whether a single worldwide Will is appropriate or if it would be best to have separate Wills in each jurisdiction that assets are located. Advice should be taken on any potential conflict of laws.
DIFC Wills, like English Wills, can cover the guardianship of minor children (and in the UAE, minors are children below 21 years of age). It is important to note however that guardianship provisions in DIFC Wills are only valid for minors habitually residing in either Dubai or Ras Al Khaimah. Guardianship provisions in a DIFC Will can cover interim guardians, being local individuals over 21 who can step in immediately on the death of both parents and permanent guardians, who can be resident anywhere in the world.
DIFC Wills covering the distribution of moveable and immoveable assets, as well as guardianship provisions, are classed as “Full Wills”. Any lawyer registered as a DIFC Will draftsman can prepare a Full Will in compliance with the DIFC rules.
Previously, someone preparing a Full Will had to attend an appointment with the DIFC in person to register the Will in order for it to be valid. This could be a hassle to coordinate for someone in the UK with assets in the UAE. Since the pandemic, the DIFC have made this easier, by conducting all registration appointments online by video call.
A Full DIFC Will can be costly and is not always necessary. If, for example, the only assets in the UAE are a couple of bank accounts or a property, it is possible to prepare a DIFC Will which is restricted to those assets. The DIFC has a number of categories of Will, including a Property Will and a Financial Assets Will. These slightly more restricted Wills can be prepared online using the DIFC’s virtual Wills Registry and they do not need the involvement of a solicitor. This is a convenient and cost-effective way to deal with assets in the UAE if, for instance, you were previously living in the UAE but you have moved back to the UK and hold very few assets there.
As an alternative to registering a Will with the DIFC, non-Muslims can attest their wills by a notary public in Dubai Courts or through the Non-Muslim Wills & Probates Office at the Abu Dhabi Judicial Department. However, the wide scope of DIFC Wills, along with the ease with which they can now be prepared, makes the DIFC route appealing.
further information
Stephanie Mooney, a senior associate in our private client team, is authorised by the DIFC to draft UAE Wills.
Should you wish to seek advice on preparing a Will for UAE assets or discuss any of the issues covered in this blog, please contact Stephanie Mooney.
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We welcome views and opinions about the issues raised in this blog. Should you require specific advice in relation to personal circumstances, please use the form on the contact page.
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