FAQ concernant le Registre

All legal services are provided exclusively by Merritt Legal Consultants FZ LLC.

As a general principle, the law of the United Arab Emirates applies in the event of death.

The principles of Sharia therefore apply by default, it being specified that Sharia provides for specific provisions in this regard (such as limiting the rights of the surviving spouse, calculating the shares allocated to children according to their sex, etc.).

However, foreign nationals may expressly request through a will that their national law apply (Article 1(2) of the UAE Personal Status Law).

Nevertheless, despite signing a will subject to the law of your country of origin on the basis of this article, judges of local courts may still reject the application of the will, resulting in lengthy and complex legal proceedings before its official recognition can be obtained.

In 2014, H.H. Sheikh Maktoum Bin Mohammed Bin Rashid Al Maktoum, President of the DIFC (Dubai International Financial Centre), decided to establish a specific wills registry for non-Muslims under the auspices of the DIFC: DIFC Will & Probate Registry. The implementing decree was signed in March 2015 and came into force on May 1, 2015.

The applicable provisions are those of common law and therefore provide complete testamentary freedom.

This allows non-Muslim expatriates to:

Legally register wills
Ensure that the deceased's wishes are respected by avoiding challenges before the local courts
Ensure a much faster and less costly execution process

DIFC stands for “Dubai International Finance Center”: it is a free-zone jurisdiction located in the Emirate of Dubai and consequently has its own regulations. From a legal and commercial perspective, a free-zone jurisdiction can be regarded as a country within a country, as it can enact its own laws and, in this case, even has its own courts.

Regarding inheritance, the DIFC has been granted a monopoly by the Dubai government over will registration for non-Muslims.

DIFC is geographically located north of Sheikh Zayed Road in Dubai.

To do so, a new will must be drafted, with the new one automatically voiding the provisions of the old one.

There is no inheritance tax payable in the Emirates. However, please note that transferring ownership of certain assets (real estate, shares, etc.) may incur registration fees (please consult us depending on the nature of the assets).

If you still have assets located in Dubai, the will remains valid even if you are no longer a resident of the Emirates. However, certain provisions of the will, such as custody of minor children, can logically no longer be enforced (and will instead be handled by your new country of residence).

You should allow up to half a day to complete all the formalities for registering your will, provided that your file is complete.