Welcome back to Lawgical with Ludmila, where we untangle the legal knots so that you don’t have to. I’m Ludmila Yamalova, a lawyer based in Dubai. In each episode, we break down complex laws into clear, practical insights that you can actually use.
Today, we’re talking about a subject that touches every family sooner or later: probate, and specifically, the DIFC Probate Roadmap.
This roadmap is a structured guide to managing inheritance through the Dubai International Financial Centre (DIFC). It draws directly from our firm’s own experience and internal roadmap, consolidating real, hands-on procedural knowledge. It brings much-needed clarity to an area that, until recently, was fragmented, uncertain, and intimidating — especially for expats.
Legal Backdrop
Historically, inheritance in the UAE fell under Sharia-based federal law. Unless otherwise specified, assets were divided according to Islamic inheritance principles.For many foreign residents, this created anxiety and confusion, especially when families or assets spanned multiple jurisdictions.
The DIFC, or Dubai International Financial Centre, introduced a solution — its own wills and probate framework that allows non-Muslims to register wills under common law. The DIFC Wills and Probate Registry was established to give expats a secure, legally recognized system for managing succession in Dubai and, later, other Emirates.
However, registering a will is only half the story.
When the testator passes away, their executor must apply for what’s called probate, the legal authority to administer the estate. Over the years, as more wills were registered, a growing number of families began using the DIFC Courts for probate. But the process wasn’t always clear, particularly when assets were spread across multiple Emirates or abroad.
To address this, the DIFC Courts developed procedural rules, including the DIFC Courts Probate Rules (Part 56), and launched a Digital Wills Portal supporting online filing, authentication, and document management.
This roadmap has effectively turned what was once a complex cross-border puzzle into a clear, step-by-step process.
The Role of the DIFC Within the UAE Framework
The DIFC operates as a subset court within the broader UAE legal system and within Dubai.
In the past, although you could register a DIFC will, enforcing it outside the DIFC jurisdiction was fragmented. Over time, however, the DIFC Courts have coordinated with various authorities across the UAE, resulting in a much smoother process, not just for will registration and probate, but also for transferring assets.
Today, if you have a DIFC will, the probate and enforcement of that will, including asset transfers, happen seamlessly under the umbrella of the DIFC Courts.
Previously, executors had to go to local courts to ratify DIFC probate orders before transferring assets in other Emirates such as Ras Al Khaimah or Abu Dhabi. Now, thanks to coordination between DIFC and UAE authorities, that step is no longer necessary.
The Modern Probate Process
The process today is far more structured. It begins with the registration of a valid DIFC will with the DIFC Wills Service Centre. This confirms the testator’s intent, domicile, and compliance with DIFC rules. When the testator passes away, the executor or family representative must file a probate application with the DIFC Courts. The court then issues a Grant of Probate, giving the executor legal authority to collect, manage, and distribute assets.
The DIFC Courts also coordinate enforcement through Memoranda of Understanding (MOUs) with UAE government authorities, allowing DIFC probate orders to be recognized by other Emirates and even foreign courts.
Key Roles in the Probate Process
To understand the process better, there are four key roles: beneficiary, executor, trustee, and representative.
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Beneficiary: A person or entity named in the will to receive part of the estate. Beneficiaries do not have power to administer the estate.
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Executor: Appointed by the testator, the executor manages the estate, applies for probate, collects assets, pays debts, and distributes inheritance as per the will. Executors must file witness statements confirming their identity, intent, and fiduciary responsibility.
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Trustee: Manages assets placed in trust for minors, dependents, or specific purposes. Their role may continue long-term under the DIFC Trust Law or Foundations Law.
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Representative: Usually a lawyer or law firm acting on behalf of the executor. Representatives submit filings, handle communication with DIFC Courts, attend virtual hearings, and ensure procedural compliance.
Understanding these roles is essential, as unclear assignments can stall the process.
Required Documents
Each DIFC probate application must include:
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The Probate Application Form (available on the DIFC Courts website)
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The Executor’s Witness Statement
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A Joint Executor Statement (if applicable)
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A Representative’s Statement (e.g., from the law firm managing the process)
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Guardianship Forms and Statements, if the will appoints guardians
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The List of Assets, in both English and Arabic, as only listed assets appear in the final probate order
Omitting assets requires a new application later.
Step-by-Step Probate Procedure
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Confirm the Executor: Verify that the applicant is the named executor in the will.
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Prepare and Legalize Documents: Legalize death certificates, powers of attorney, and supporting documents.
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Submit Through the DIFC Courts Portal: All applications are handled digitally, with secure uploads and online signatures.
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Case Review: A Case Progression Officer reviews the file and may request additional documents.
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Probate Meeting: A short virtual session is held to confirm procedural accuracy and finalize witness statements.
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Public Notice: The DIFC Courts publish a two-week public notice for potential objections.
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Grant of Probate: If no objections arise, the Grant of Probate is issued.
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Enforcement: The DIFC Courts send bilingual enforcement letters directly to relevant UAE authorities such as banks and land departments, removing the need for local court ratification.
Practical Insights
Based on our firm’s experience, the most common causes of delay include:
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Executors based abroad or unresponsive
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Unclear guardianship clauses
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Incomplete or untranslated documentation
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Improperly legalized death certificates
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Unpaid debts or service fees attached to the assets
For instance, we have handled cases where properties could not be transferred until outstanding service charges were settled.
Legal Takeaways
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The DIFC probate system applies only to non-Muslims.
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DIFC Grants are recognized across UAE institutions for enforcement.
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Executors must maintain accuracy and transparency, especially when listing assets.
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Legal representation ensures smoother compliance and communication.
This roadmap is more than a procedural improvement; it’s a confidence-building milestone for the UAE’s legal system. It gives families and investors certainty, transparency, and predictability in succession planning.
Final Thoughts
If you’re a UAE resident with assets in the country, review your succession plan:
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Ensure your will complies with DIFC rules (if you’re a non-Muslim).
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Clearly nominate executors.
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Maintain an updated list of assets and ownership documents.
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Arrange translations and attestations in advance.
These small steps can prevent major complications later.
The DIFC probate process marks a major evolution in UAE inheritance law — combining local tradition with global best practices. It allows families to plan with confidence, investors to act with security, and the law to function with transparency.
That’s all for this episode of Lawgical with Ludmila. If you found it useful, visit lylawyers.com for more insights. You can also listen on Apple Podcasts and Spotify, or watch the video episode on YouTube.
Until next time — stay informed, stay safe, and keep things Lawgical.
