A DIFC will enforcement is the procedure for the individual who resides in UAE to regulate their inheritance, wills, and probate. This will simplify the process of will and probate for the foreign national who resides or has an asset in the UAE. The DIFC law provides the needed flexibility to the foreign national with regards to will and probate by avoiding the sharia law that applies to one’s inheritance. Following the law of UAE, non-Muslims need to register both in Dubai and DIFC courts for will enforcement. The wills registered under the DIFC court will nevertheless, have to follow the given guidelines which comprise of the testator is the non-Muslim. The individual who made the will must be over 21 years of age, The paper must be signed in the attendance of two (2) eyewitnesses – one (1) the registration officer at DIFC will be already chosen among two, The document must at least meet the standard of drafting necessities set, The document must not contain any language or desires of the individual making will that goes against to public order or moralities in the United Arab Emirates.
The supervision of the deceased’s inheritance also known by the term probate for the one who has registered its will under the DIFC court’s will register office for non-Muslims, is commenced by the mentioned name as stated in the will to carry out the implementation of will. The process of will enforcement begins by filing the registration at the registry to get the authority to deal in estate and pay the required legal fees. Upon receiving the documents for authority and related paperwork. The registry will allow the case development officer to guide and assist the executor throughout the process of will enforcement. This comprises, the application requirement, request for permission to authorize the individual to carry out the will, or if there is the need to transfer the will enforcement to Dubai court. The managerial formality with regards to the DIFC court and Dubai court over the protocol of enforcement. This allows the executor of the will to approach directly the enforcement Division of the Dubai Courts. Upon the request, this is the division that will direct the authorities relevant to the individual of who’s property has been left behind in the will. The department that is usually instructed by the court includes Dubai Land Department, free zone authorities, and financial institutions to distribute the property of the deceased concerning the rules set forth by DIFC Will and further provide assistance with regards to guardianship if required. There might be the possibility that the individual given the authority to execute the will, might need the full legal guidance with regards to the administration process. If such a situation arises, a licensed lawyer under UAE law should be appointed to file a request with the registry to permit such requirements for the individual executing the will. Once the request is approved it will be issued to the lawyer to guide the individual executing the will dealing all the property. The court also allows the individual executing the will to file at the registry if he requires legal assistance like a need of a lawyer to help with the proceeding. Nevertheless, the power of attorney will be granted to the legal solicitor to assess all the property and guide accordingly.
The will enforcement is carried out with relevance to the DIFC Wills and probate registry laws and any additional law enforced in the DIFC. The above-mentioned law administers the Wills Service, the Registry, and the DIFC Courts. The DIFC Courts will, in the first instance, will handle the matter that arises with a proceeding involving the will enforcement.
Nevertheless, it is important to avoid the mistake while proceeding with will enforcement in UAE. If there is no will made by the individual deceased who resided in UAE. The sharia law will be applied as a last resort to distribute the property of the deceased. The will enforcement will only have complied if it is undertaken by the legal documented recognized by the UAE. Therefore, it becomes important to have legal guidance when writing the will in UAE, if there is an implication that is not following the legal concept of UAE, the will can be void.
Some mistakes that are usually encountered during the enforcement of the will are as follow: the language and implication of intention in the will, it is significant to clearly state the intention when writing the will. If there is any unclarity with the wording of the will. The court will either reject the will or apply its interpretation of the words stated in the will. The registration of will In Dubai can prove to be expensive therefore, it is mandatory to have a will draftsman write the will for you of your clear intention since there is no possibility of correction once the person is deceased. In the case of non-Muslim drafting the will, they are provided with the flexibility to not apply the sharia law. This should be promptly done, failing to mention it will lead to applicability of sharia law.
Appointment of the executor to carry out the will once the individual is deceased is critically necessary, if the person is married, it will be wise to appoint the spouse as the executor of the will, additionally two more witnesses to guarantee there is no false interpretation taken out of the will. In UAE, there is no right to survivorship, which means if the person dies it goes automatically to the next person. For example, if the husband has a joint account with the wife, on the death of the husband the property will not pass to the wife but instead, it will be in accordance to the will as per the UAE law. Therefore, to avoid any such course of the event. The Will should not be mirroring the other property and only one Will should be made concerning all the estate. Lastly, for the enforcement of the Will in UAE, the Will needs to be appropriately authorized taking all the circumstances mentioned.