A DIFC Will and a local Will are two separate approaches to recording last wishes and instructions. While both serve the same broad purpose, the processes, coverage, and recognition differ. Knowing these differences at a basic level helps highlight how each type functions in addressing personal and family matters.

Asset distribution:

With DIFC wills Dubai, non-Muslims have the flexibility to decide how their assets are distributed. In contrast, Local Wills for non-Muslims may still be subject to principles of Sharia law unless otherwise stated, meaning that distribution could follow a different set of rules.

Legal framework:

A DIFC Will is registered under an international common law framework, while a Local Will is managed under the UAE’s local legal system. This distinction sets the foundation for how each type of will is prepared, registered, and enforced.

Guardianship matters:

DIFC Wills allow parents to nominate guardians for minor children through a clear legal process. Local Wills also include guardianship provisions, but the procedures and approvals may vary under local jurisdiction, which sometimes leads to additional steps.

Registration process:

The process of registering a DIFC Will is centralised within the DIFC system and is conducted in English. Local Wills, instead, are processed within Dubai courts under Arabic language documentation, making translation and certification part of the process.

Enforcement of the will:

DIFC Wills are enforced within the DIFC legal system, which follows a structured procedure recognised under common law. Local Wills are enforced by Dubai courts under the UAE legal framework, and this process may include additional verification steps, depending on the case.

Flexibility of coverage:

DIFC Wills provide flexibility in including a wide range of assets such as property, bank accounts, and personal belongings. Local Wills also cover similar areas, but the application is more closely tied to local legal principles, which may affect distribution.

Choice of system:

The decision between DIFC Wills and Local Wills often depends on personal circumstances such as nationality, type of assets, and family arrangements. Each system provides legal recognition, but the path followed for enforcement and distribution differs significantly.

Both DIFC Wills and Local Wills aim to protect assets and provide clarity for families, but they operate under distinct systems. DIFC Wills follow a common law framework, while Local Wills follow the UAE’s legal system.