Marriage, divorce or a new child: when your DIFC will needs updating
A DIFC will is not a document you register once and forget. DIFC Courts publishes what marriage, divorce and a new child do to a registered will, and how a change is made. Here is what it says and what it leaves open.
Update a registered DIFC will when you marry, divorce, have or adopt a child, or your assets change. DIFC Courts states that a will is revoked by the testator's later marriage unless the will clearly states an intention to marry a named person. After a divorce, gifts and appointments to the former spouse are treated as if that person had died on the date of the divorce. A change is made by registering a new will.
What does marriage do to a registered DIFC will?
It can revoke it. The DIFC Courts Wills FAQ states: "A Will is revoked by the Testator's marriage unless the intent to marry an individual is clearly stated in the Will." That is the authority's own published rule, and it is the one most people are surprised by.
Read it against your own timeline. If you registered a DIFC will while single and later married someone you had not named in it, the marriage is the event the FAQ says revokes the will. If you registered it while engaged and the will clearly states the intention to marry that person, the rule does not revoke it.
The practical point is that a life change can quietly leave you with no valid registered will while you believe you have one. If you are planning to marry, say so in the will when you register it, or plan to register a new one after the wedding.
Source: DIFC Courts Wills FAQ
What happens to a DIFC will after a divorce?
The will stays, but the gifts and appointments to your former spouse do not. The FAQ states that if a marriage is dissolved or annulled by a competent jurisdiction after registration, any gift or appointment to the former spouse is treated as though that person had died on the date of the dissolution.
That stops a former spouse taking a gift you no longer intend them to have. The FAQ does not say who takes the gift instead, and it does not rearrange the rest of your plan. If your former spouse was also your executor or your children's guardian, someone else now has to be named, and a new will is how that happens.
How do you change a registered DIFC will?
You register a new will. The FAQ states that a modification "largely follows the same procedures carried out at the Wills Service for registering the original Will", and that any update is considered to be a new will. It does not work through codicils. The modification carries its own published fee, which we list with the other authority fees in our fees guide rather than repeat here.
Three conditions from the same FAQ shape how you sign:
- Two witnesses, at least 18, who are not beneficiaries or guardians. Guardians and their spouses may not attend the signing appointment.
- A virtual or in-person appointment, both signed electronically. You can complete it from any part of the world.
- No translator and no power of attorney at the appointment. DIFC Courts states that the service "presently does not accept translators or POA for Will signing appointments", and that testators and witnesses must have a basic grasp of English. Nobody can sign your will for you.
Our guide on registering a DIFC will walks through the full sequence, and the DIFC will service is where The Deedbox prepares the document for that appointment.
Which life events should trigger a review?
Most of them. DIFC Courts lists circumstances that call for a modification, and the table below matches each to what the authority publishes and what it leaves to you.
| Life event | What DIFC Courts publishes | What to decide |
|---|---|---|
| Marriage | A will is revoked by the testator's marriage unless the will clearly states the intent to marry that person | Register a new will after the wedding, or state the intention in advance |
| Divorce | Gifts and appointments to the former spouse are treated as if they had died on the date of dissolution | Name a new beneficiary, executor and guardian where the former spouse held those roles |
| Birth or adoption of a child | Listed as a reason to modify, including a child born or adopted abroad | Add the child, and consider guardians |
| Appointing guardians | Interim and permanent guardians can be named in a Full Will or a Guardianship Will, not in the narrower property, business or financial wills | Choose the will type that covers guardianship |
| New property, business or accounts | Each narrower will type covers a listed category of assets | Check whether your existing will type still covers what you own |
| A will made in another country | No restriction on making one, but DIFC warns a badly coordinated second will could invalidate the registered one | Take legal advice before signing anywhere else |
A note on guardians. The FAQ states that the minor children must be residents of Dubai or Ras Al Khaimah at the time of probate. A guardianship plan for children who live elsewhere needs advice beyond what this page can give.
What does this page not cover?
Only DIFC Courts. Wills registered in Abu Dhabi with the Civil Family Court, or through Dubai Courts, are separate systems with their own rules. We did not confirm what each of those publishes about marriage, divorce or modification, so we do not describe them here. Our comparison of DIFC, Dubai Courts and Abu Dhabi wills sets out what each registry publishes.
This page describes what a court registry publishes. It is not legal advice, and The Deedbox is not a law firm. Where your situation involves a former spouse, children in several countries or assets outside the UAE, take legal advice on the effect before you rely on the summary above.
Frequently asked questions
Does getting married cancel my will in the UAE?
For a DIFC Courts will, the Courts state that marriage revokes it unless the will clearly states the intent to marry that individual. Wills registered elsewhere follow their own registry's rules, so check the one that applies to yours.
Can I add a child to my DIFC will without starting again?
No. The Courts treat any update as a new will and do not use codicils, so you register a modified will. Our mirror will service covers couples who want two wills prepared together.
Can a lawyer or relative sign my will appointment for me?
No. The Wills Service states that it does not accept a power of attorney for signing appointments, and it does not accept translators either.
What if I already have a will from another country?
DIFC Courts states there is no restriction on making a will in another country, but a poorly coordinated one could invalidate your registered will. It also states that a previously drafted will made under another regime would most certainly need re-drafting to register. Get advice on the interaction first.
Can I withdraw a registered DIFC will?
Yes. The FAQ states a will can be withdrawn from the Registry by the testator, or by a legal representative authorised in writing to withdraw it, through a written application to the Registrar. Withdrawing leaves you without that registered will, so register the replacement first if you want continuous cover.