Non-English Speakers Can Now Register Wills in DIFC More Easily

17 Aug, 2023
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Raluca Gatina

Partner – Legal Director, Elnaggar & Partners

In a previous publication, I provided details about the Dubai International Financial Center, Will (DIFC Will) and its registration process.

In this article, I would like to highlight that under the new policy, non-English speaking testators can be assisted by a translator during the Will registration process.

Therefore, in March 2023, the DIFC Wills Service Centre announced that allows non-English speaking testators to be assisted by a translator during the Will registration process. This is a significant development, as it will make it easier for non-native English speakers to make a valid Will in the DIFC.

Based on the DIFC procedure, the translator can be a Ministry of Justice licensed translator or a person fluent in both the testator language and English.

In case the translator is not a Ministry of Justice licensed translator, the translator must take an oath at the beginning of the registration process, by swearing or affirming, administered by the DIFC Courts Registrar. If swearing, the translator must have a copy of the holy book relevant to the religion he practices.

The translator’s passport copy must be uploaded on the DIFC Website by the Will Draftsmen along with the other requested documents.

The translator will be responsible for translating everything that the testator says and everything that the DIFC officer says.

This new practice is a welcome development for non-English speaking testators in the DIFC. It will help to ensure that they are able to fully understand the terms of their Will and that their wishes are accurately recorded.

Here are some additional things to keep in mind about the new practice for non-English speaking testators and witnesses in DIFC Will registration:

  1. The translator must be present for the entire registration process, from the identification stage to the signing of the Will.
  2. The translator must be impartial and must not provide any advice or opinions to the testator or witness.
  3. The translator must keep all information about the Will confidential.

If you are a non-English speaking testator who is considering registering a Will in the DIFC, it is important to appoint a Ministry of Justice licensed translator or a trusted person who will act as a translator to assist you with the process. This will help to ensure that your Will is valid and enforceable.

The introduction of this new practice is a positive step forward for non-native English speakers in the DIFC. It will make it easier for them to make a valid Will and ensure that their wishes are carried out after their death.

If you have any questions about the new practice for non-English speaking testators and witnesses in DIFC Will registration, you should contact a lawyer who specializes in Wills and estate planning.

 

Raluca Gatina

Partner – Legal Director

Elnaggar & Partners

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