A will written outside of the UAE will not be recognised in the UAE courts. Although there has been a possibility for non-Muslim expats to write wills for the UAE and the final assets distribution is decided by the courts, there was no guarantee that the wishes would be followed. As of now, non-Muslim expats can draw wills for assets in Dubai.
The wishes will be followed according to internationally recognised ‘common law’. Initially, the will could be applied to the properties in Dubai. Recently, it has been extended to Ras Al Khaimah. Hence, a non-Muslim expat owning a property in Ras Al Khaimah can have the same guaranteed facility as in Dubai.
On 29th March 2017, DIFC has announced that Ras Al Khaimah government and DIFC Dispute Resolution Authority have taken the first steps to deliver the wide-ranging series of cooperation agreements signed in December.
Effective as of 5th March 2017, the new DIFC Wills & Probate Registry (WPR) Practice Direction extends the application of the WPR rules to Ras Al Khaimah enabling all property in Ras Al Khaimah to be disposed of by an English language common law will.
A will needs to be written and registered with the DIFC Wills and Probate Registry. People will also need to include other assets or guardianship of minors. Moreover, those who already have a will registered with DIFC can add a property that they own in Ras Al Khaimah by amending the existing will.
Indeed, DIFC provides a means to ensure that those who have chosen to invest in RAK can now opt-in to a procedure through the DIFC WPR to ensure their investments are protected in accordance with their wishes.
If you need additional information on DIFC registered wills, please do not hesitate to contact us at info@freemontgroup.com