DIFC will vs mainland will in Dubai: costs, timelines and what each one covers
A DIFC will carries a government fee of AED 10,000 (about USD 2,720) and covers off-plan and mortgaged property, foreign assets and crypto. A mainland notary will is cheaper but limited to completed, fully paid UAE assets. Without either, lawyer Evgenia Konechnykh says, heirs face a court process of around eight months.
Why does a foreign owner need a will in the UAE?
Because the law of your home country does not decide what happens to assets held in the Emirates. Lawyer Evgenia Konechnykh explains that Sharia law applies in the UAE, and a will is how an expat makes sure assets reach the people they actually choose.
Many expats who buy property, open bank accounts or register companies here assume inheritance will follow the rules they know from home. According to the lawyer, that assumption is the most common mistake.
Her advice is direct: anyone holding assets in the Emirates should write a will if they want those assets to pass to their relatives of choice, whether that is a wife, a husband or children.
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What happens if there is no will?
The inheritance can only be claimed through a court in the UAE. Evgenia Konechnykh puts the cost of that procedure at roughly AED 40,000 (about USD 10,900) and upwards, and the time, with all the paperwork, at around eight months.
The money goes on local lawyers, on translating the documents into Arabic and on having them legalised. Each of those steps also adds time before the heirs can touch anything.
With a will in place the picture changes. The lawyer says a will is drawn up in about one month, depending on the number of assets, so arranging it in advance is both faster and cheaper than the court route.
Mainland will: what a notary will covers
The Emirati, or mainland, will is drawn up and signed before a UAE notary. It is the cheaper of the two options, but it only covers assets located in the Emirates, and only property that is already built, with no instalment plan and no mortgage.
That limitation matters for investors. An apartment bought off-plan on a payment plan, or a home with a bank loan against it, does not fit a notary will, according to the lawyer.
The mainland document is also drafted in two languages, Arabic and English, and the Arabic version governs. Crypto assets, she says, are not yet something the mainland route handles.
How much does a DIFC will cost?
The government fee for a single DIFC will is AED 10,000 (about USD 2,720). For a married couple it is AED 15,000 (about USD 4,080), and the lawyer stresses that the two must be spouses in a registered marriage.
Those figures are the government fee only. Legal drafting is paid separately, which is why the DIFC option is the more expensive of the two up front.
The lawyer still calls it the stronger option. It suits property under construction, property bought in instalments and property with a mortgage, which is exactly where a notary will stops working.
Can a DIFC will include foreign assets and crypto?
Yes. A DIFC will can include international assets held in other countries, and Evgenia Konechnykh says clients regularly bring bank accounts in Switzerland or the United Kingdom, investment accounts in the United States, crypto accounts and other digital assets.
In her words, the DIFC will is geared towards international assets and towards properties still under construction. A mainland will, by contrast, lists the assets that are in the Emirates.
For an owner whose wealth is spread across several jurisdictions, that makes one document do the work that would otherwise be split between countries.
What does it cost to change a will later?
A DIFC will can be amended for an additional government fee of AED 570 (about USD 155). A mainland will cannot be amended: it has to be written again from scratch, with the fee and the legal work paid in full a second time.
The lawyer lists the usual reasons for a change: clients run businesses, buy and sell assets, switch bank accounts, have children or change their marital status.
A will is valid for 120 years, she says, so it can be written once. The task afterwards is to update it when new assets appear, by amendment in the DIFC or by a new will under UAE law.
What happens to bank accounts and powers of attorney after death?
Bank accounts are frozen and cannot be used until the inheritance is granted. A power of attorney stops working at the moment of death, even if it allowed the holder to sell or gift the property.
Some families think of withdrawing money before the bank learns of the death and blocks the account. The lawyer calls that very risky, because it can become a criminal case.
The same logic applies to property. Selling under a power of attorney issued by someone who has since died would be unlawful; from that moment it is the will that takes effect.
Who are the executors and witnesses of a will?
Executors are the people who technically carry out the transfer under the will. They settle the testator's debts first, if there are any, and only then do the remaining assets pass to the heirs named in the document.
A DIFC will also needs two witnesses. There can be two executors or more, and the lawyer advises that they be based in the Emirates and speak English, because they represent the estate before government bodies.
A testator who flies in alone and has nobody suitable to appoint is not stuck: the lawyer says executors and witnesses can be provided as part of the drafting.
Where is the will stored, and which language governs?
A DIFC will is drawn up in English and stored on the DIFC servers, so its text can be recovered if the family cannot find it. The lawyer who drafted it keeps a copy as well.
Mainland wills have no common storage system. With seven emirates, heirs may not know where the will was made, and it is released only to a person named in it, an executor or an heir.
Language is the other risk. Most expats cannot read the governing Arabic text of a mainland will and cannot check it for errors or typos, which is why the lawyer considers an English-language will clearer for the client.
Common mistakes when drafting a will in Dubai
The main mistake is treating a will as a form anyone can fill in. Evgenia Konechnykh mentions people who try to write it themselves or order one from a typing centre for about AED 300 (about USD 80).
Her point is that one will is not the same as another: what matters is that it can be enforced exactly as the testator intended. The DIFC keeps a register of lawyers who have the right to draft its wills.
The second mistake is postponing. People tell themselves they are young and nothing will happen, yet the cost of being wrong falls on the family, in months of court and frozen accounts.
Frequently asked
How long does it take to make a will in Dubai?
About one month, depending on the number of assets, according to lawyer Evgenia Konechnykh. Claiming an inheritance through the court without a will takes around eight months.
Can I put an off-plan apartment into a mainland will?
No. The lawyer says a notary will only covers property that is already built and carries no instalment plan or mortgage. Off-plan and mortgaged property goes into a DIFC will.
Is a couple's DIFC will cheaper than two separate ones?
Yes. The government fee is AED 15,000 for spouses against AED 10,000 for a single will, but the couple must be in a registered marriage.
How long is a will valid in the UAE?
The lawyer says a will is valid for 120 years. It should still be updated when new assets are bought or family circumstances change.
Can relatives use a bank account after the owner dies?
No. Accounts are frozen until the inheritance is granted, and withdrawing money before the bank blocks the account can lead to a criminal case.
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