The Role of Dubai Courts in DIFC Probate Procedure

 

Registering a Will in a jurisdiction like the United Arab Emirates. Where personal and inheritance law is mainly governed by Sharia. This is essential for expatriates to secure their assets.

And have them passed on to their loved ones after their death. Post the registration of a Will, the next important step comes after the death of the testator, which is legally termed as Probate. Dubai lawyers can help you understand it better.

·         Laws On the Will

Dubai Law No. 15 of 2017 Concerning the Administration of Non-Muslim Estates in Dubai. And Execution of their Wills [issued on 18th October 2017] confirms the jurisdiction of the DIFC Courts to register the Wills and administer probate matters. As per the new law, the “Register of Non-Muslims’ Wills” shall be established in both Dubai Courts and DIFC Courts.

Stating the form of the registry, its statements, and the registration procedures and regulations shall be determined. By a resolution of the President of both Dubai Courts and DIFC Courts. The law applies to all wills and estates of non-Muslims in Dubai, including the Dubai International Financial Centre (DIFC).

The law has given both the Dubai Courts and the DIFC Courts equal jurisdiction over disputes concerning. The Will depends on the registry within which the Will was registered.

·         DIFC Laws on Wills and Probate

The WPR Rules such as wills and Probate Registry Rules collectively provide a legislative framework for Wills and Probate matters. It sets out the administrative functions of Wills Service Center. And Wills Registry and the power of DIFC Courts about Wills and Probate matters for non-Muslims with registered wills within the DIFC.

Part 55 of RDC has laid out rules relating to contentious and non-contentious probate claims. Dubai lawyers can legally support you.

·         DIFC Probate Procedure

There are different Memorandum of Understanding signed between various authorities. Such as the Department of Economic Development, Dubai, and the Dubai Land Department. It is to ensure rapid facilitation of probate court orders covering the Dubai assets of those who have registered their wills with WPR.

The law has entrusted a legal obligation on Dubai Courts to uphold the Wills that are registered under the DIFC. The role of the Dubai courts, in support of the DIFC probate procedures, is obvious.

Final Remarks

Hence, if you want to know the role of the DIFC courts in wills and probates, seek legal help. Dubai lawyers can help you here. They provide their services in Ajman, Sharjah, and Fujairah as well.


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