info@rubertpartners.com |
+971 4 238 0965 |
API World Tower - Ground Floor, Dubai
Creek Tower Office 10B Deira, Dubai
DIFC Wills in 2026 remain one of the most established and widely used succession planning tools for non-Muslim expatriates in the UAE. They continue to offer a high level of legal certainty, particularly for families with property, children, and complex asset structures.
However, DIFC Wills are not suitable for everyone. Understanding how they work, what they cover, and where their limits lie is essential before choosing this route.
What Is a DIFC Will?
A DIFC Will is a will registered with the DIFC Wills Service Centre. It allows non-Muslims to determine how their assets are distributed upon death and to make guardianship arrangements for minor children.
DIFC Wills operate under a common law framework, with probate administered through the DIFC Courts. This provides procedural familiarity for many international families.
Who Can Register a DIFC Will?
In 2026, DIFC Wills are available to:
- Non-Muslim individuals
- Residents and non-residents of the UAE
- Individuals owning assets in the UAE
There is no requirement to live in the DIFC. However, the will must meet the eligibility and registration requirements set by the DIFC Wills Service Centre.
What Assets Can a DIFC Will Cover?
DIFC Wills can cover:
- UAE real estate
- UAE bank accounts
- Shares in UAE companies
- Other movable and immovable assets located in the UAE
In some cases, worldwide assets may also be included. This must be approached carefully to avoid conflicts with foreign succession laws and existing wills.
Guardianship of Minor Children
One of the most important features of a DIFC Will is the ability to appoint:
- Interim guardians
- Permanent guardians
This is particularly relevant for families with minor children living in the UAE. Clear guardianship provisions reduce uncertainty and help avoid urgent court applications in the event of death.
Guardianship clauses must be drafted precisely. Vague or inconsistent provisions may create disputes or enforcement difficulties.
Probate Process and Timelines
Following death, probate proceedings are conducted before the DIFC Courts.
In general terms, the process involves:
- Filing a probate application
- Court review of the registered will
- Issuance of probate orders
- Implementation with banks, developers, and authorities
Timelines vary depending on the complexity of the estate. However, DIFC probate is generally more structured and predictable than onshore alternatives.
Common Mistakes with DIFC Wills
Despite their popularity, DIFC Wills are often misunderstood or misused.
Common issues include:
- Assuming DIFC Wills are suitable for all situations
- Failing to coordinate DIFC Wills with foreign wills
- Inadequate asset mapping
- Poorly drafted guardianship clauses
- Not updating the will after major life changes
A DIFC Will should be part of a broader succession strategy, not a standalone document.
Advantages of DIFC Wills 2026
Key advantages include:
- Common law–based probate process
- English-language proceedings
- Clear guardianship mechanisms
- High level of enforceability within the UAE
These features make DIFC Wills particularly attractive for international families and investors.
Limitations to Consider
DIFC Wills also have limitations:
- Registration costs may be higher
- Not always suitable for simple estates
- Potential overlap or conflict with foreign wills
- Ongoing need for updates as circumstances change
Choosing a DIFC Will without proper advice may create complexity rather than clarity.
Is a DIFC Will Right for You?
A DIFC Will may be appropriate if:
- You own property or significant assets in the UAE
- You have minor children residing in the UAE
- You value a structured, common law probate process
- Your estate involves cross-border elements
However, each case must be assessed individually.
Final Thoughts on DIFC Wills in 2026
DIFC Wills continue to play a central role in UAE succession planning for non-Muslim families. In 2026, they remain a reliable and well-established option for individuals seeking legal certainty, structured probate procedures, and clear guardianship arrangements.
That said, a DIFC Will is not a universal solution. Its effectiveness depends on how well it reflects the individual’s assets, family structure, and cross-border legal position. When used in isolation or drafted without proper coordination, it may create complexity rather than clarity.
Careful assessment, accurate drafting, and alignment with foreign wills and local requirements are essential. When structured correctly, a DIFC Will can provide families with confidence that their wishes will be respected and implemented efficiently under UAE law.
Related Rubert & Partners Resources – UAE Wills & Succession Planning
Wills & Succession Publications on Our Website
Explore related wills and succession planning articles for deeper insight into UAE inheritance rules, guardianship planning, and asset protection for expatriates.
These publications cover topics including UAE wills for non-Muslims, guardianship of minor children, property succession, business share transfers, cross-border inheritance planning, and the prevention of succession disputes in the UAE.
YouTube: DIFC Wills 2026 Insights by Maria Rubert
For clear and practical explanations of UAE wills and succession planning, including DIFC and ADGM wills, guardianship arrangements, inheritance risks, and cross-border considerations, watch our curated video content.
Our playlists address UAE wills in 2026, inheritance planning for expatriates, guardianship of children, property succession, and common mistakes to avoid when planning an estate in the UAE.
Disclaimer
This publication is provided for general information purposes only and does not constitute legal advice. Specific advice should always be obtained based on individual circumstances, family structure, and asset profile.





