Understanding DIFC Wills vs. Local Courts: What’s Right for Your Estate?

When it comes to estate planning in the UAE, expatriates and residents have multiple options. One of the most critical choices is whether to register a will with the DIFC Wills Service Centre or through the local courts such as the Dubai Courts or Abu Dhabi Judicial Department (ADJD).

Both options are legally valid, but they come with distinct advantages, limitations, and implications. Your decision can significantly impact how efficiently your assets are distributed, the legal certainty of your intentions, and the stress level your loved ones may face.

This guide helps you navigate the differences between DIFC Wills and local court wills so you can make an informed decision based on your personal, financial, and family circumstances.

Overview: DIFC Wills vs. Local Court Wills

DIFC Wills

The DIFC Wills and Probate Registry is part of the Dubai International Financial Centre (DIFC) and is designed specifically for non-Muslim expatriates. It allows testators to register English-language wills that comply with international standards.

Local Court Wills

Wills registered with Dubai Courts or ADJD are processed through the UAE’s civil legal system. These are also open to non-Muslim expats and provide a cost-effective way to register a legally valid will.

Language and Drafting Requirements

DIFC Wills:

Drafted in English
No Arabic translation required
Typically more detailed and aligned with common law principles
Drafting services usually provided by DIFC-approved legal practitioners

Local Court Wills:

Must be drafted in Arabic, or translated into Arabic for court use
Simpler format with more limited flexibility
May not offer comprehensive asset coverage (e.g., foreign assets)

If English is your preferred language or you have cross-border assets, DIFC may offer greater clarity and protection.

Asset Coverage and Jurisdiction

DIFC Wills:

Can cover assets in all seven emirates, not just Dubai
Can also include international assets (subject to local enforcement)
Offers separate wills for real estate, guardianship, and business ownership

Local Court Wills:

Typically limited to assets within the UAE
Not intended for international coverage
May require additional legal steps to cover assets across different emirates

If you own property in multiple jurisdictions or have foreign assets, DIFC wills offer broader coverage.

Guardianship Provisions for Minor Children

Both DIFC and local court wills allow non-Muslim parents to nominate guardians for their children. However:

DIFC wills are often more detailed, with full legal recognition under DIFC laws
Local court wills are subject to UAE civil law, and final approval may rest with the court

For parents seeking strong legal assurance on guardianship, the DIFC framework may offer more clarity.

Probate and Enforcement Process

DIFC Wills:

Probate is managed by the DIFC Courts, which operate in English
Generally faster and more predictable process
Offers transparency and access to common law procedures

Local Court Wills:

Probate handled by UAE civil courts in Arabic
May involve more procedural steps and reliance on local law interpretation
Slower due to translation and documentation requirements

DIFC’s streamlined probate system is ideal for families looking to reduce administrative burdens during difficult times.

Costs and Accessibility

DIFC Wills:

Higher upfront cost (registration fees can range from AED 5,000–15,000)
Requires professional legal drafting
Appointments at DIFC offices or via virtual service

Local Court Wills:

Lower registration fees
More accessible for residents with limited legal budgets
Arabic language legal support often necessary

If cost is a key concern, local courts provide a budget-friendly option while still ensuring legality.

Legal Certainty and Flexibility

DIFC Wills:

Offers greater contractual freedom and customization
Well-suited for complex estates, family-owned businesses, and joint wills
Can include very specific terms without defaulting to Sharia-based provisions

Local Court Wills:

Subject to UAE federal law interpretations
Some decisions may default to local practices or require judicial discretion

For individuals with significant wealth, blended families, or complex estates, DIFC offers more precision.

When to Choose DIFC Wills

You are a non-Muslim expat with significant assets
You have international property or investments
You prefer common law protections
You want proceedings conducted in English
You need flexible guardianship or trust provisions

When to Choose Local Court Wills

Your assets are entirely within the UAE
You are cost-sensitive
You are comfortable with Arabic legal processes
Your estate and family situation are straightforward

Conclusion: Personalize Your Estate Planning Approach

Choosing between DIFC and local court wills isn’t about which one is better universally—it’s about which one fits your unique situation. DIFC wills offer speed, flexibility, and international scope, while local court wills offer accessibility and affordability.

A good rule of thumb: if your estate involves multiple jurisdictions, significant property, or complex family structures, DIFC may be worth the investment. For simpler needs, local court wills still provide essential protection and peace of mind.