UNDERSTANDING PROBATE PROCESSES IN DIFC AND ADGM

Probate Processes in DIFC and ADGM – Introduction

Understanding the probate processes in DIFC and ADGM is essential when deciding which forum best suits your estate planning needs. Non-Muslim expatriates in the UAE frequently rely on the Abu Dhabi Global Market (ADGM) and the Dubai International Financial Centre (DIFC) Wills frameworks to ensure their assets are distributed in accordance with their wishes. Both jurisdictions operate under common law principles and are designed to function alongside the UAE’s local court systems.

This article explores and compares the probate procedures in ADGM and DIFC, highlighting their practical implications.

Key Features of ADGM and DIFC Wills

• ADGM Wills:
  • Administered by the ADGM Courts, with assets enforceable across the UAE, subject to protocols primarily with the Abu Dhabi Judicial Department.
  • Designed to allow non-Muslims to avoid the application of Sharia law in inheritance matters.
  • Suitable for real estate, bank accounts, investments, and guardianship provisions.
• DIFC Wills:
  • Administered by the DIFC Courts, with streamlined enforcement in Dubai and Ras Al Khaimah due to established protocols.
  • Offers separate options for real estate, financial assets, or full estate Wills.
  • Particularly effective for Dubai- and RAK-centric estates.

Probate Processes in DIFC and ADGM – Overview

• ADGM Probate Process:
  1. Will Registration: The Will is registered with the ADGM Wills Registry for Non-Muslims.
  2. Probate Filing: Executors file the probate application with the Abu Dhabi Judicial Department (ADJD). ADGM itself does not conduct probate.
  3. Verification: ADJD validates the Will and issues a Grant of Probate.
  4. Asset Distribution: Executors use the grant to collect and distribute UAE-based assets.
  5. Guardianship (if applicable): ADGM Courts handle guardianship matters for minors.
• DIFC Probate Process:
  1. Will Registration: Registered with the DIFC Wills Service Centre.
  2. Probate Filing: Executors apply directly to the DIFC Courts upon the testator’s death.
  3. Verification: DIFC Courts review the documents and issue a Grant of Probate.
  4. Asset Distribution: The grant is used to administer assets located in Dubai and Ras Al Khaimah.
  5. Guardianship (if applicable): DIFC Courts oversee guardianship arrangements.

Comparison: ADGM vs. DIFC

Considerations When Choosing Between DIFC and ADGM

• DIFC Wills: Best suited for individuals with assets primarily in Dubai or Ras Al Khaimah, offering faster local enforcement.
• ADGM Wills: More appropriate for estates with significant assets in Abu Dhabi.

What If Assets Are Located in Both Dubai and Abu Dhabi?

Enforcing a DIFC Grant of Probate in Abu Dhabi requires additional procedural steps. While DIFC probate orders are directly enforceable in Dubai and Ras Al Khaimah, enforcement in Abu Dhabi must proceed through the federal court system.

Legal Framework for Enforcement

• Judicial Authority Law (Dubai Law No. 12 of 2004): Governs enforcement of DIFC judgments within Dubai.
• UAE Federal Civil Procedures Law: Regulates cross-Emirate enforcement of court judgments.
• Inter-Court Enforcement Protocols: Allow DIFC probate orders to be enforced across the UAE.

Steps to Enforce a DIFC Probate Grant in Abu Dhabi

1. Obtain a certified copy of the DIFC Grant of Probate.
2. Translate all documents into Arabic through a certified legal translator.
3. File an enforcement application with the Abu Dhabi Judicial Department.
4. Undergo procedural review by Abu Dhabi Courts.
5. Receive the enforcement order enabling asset distribution.

Challenges and Practical Considerations

• Potential delays due to procedural review.
• Scrutiny for compliance with UAE public policy and Sharia principles.
• The importance of experienced legal representation.

Conclusion: Probate Processes in DIFC and ADGM

Both ADGM and DIFC offer reliable probate frameworks for non-Muslims in the UAE. The appropriate choice depends on asset location, procedural preferences, and enforcement priorities.

Although enforcing a DIFC probate grant in Abu Dhabi involves additional steps, the mechanism is well-established. Executors should ensure strict procedural compliance and obtain professional legal guidance.

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We hope this article clarifies probate options in the UAE. For further insights, explore our publications or watch informative videos on our YouTube channel.

Disclaimer: This content is for informational purposes only and does not constitute legal advice.