How To Revoke Your DIFC Will ?

Understanding DIFC Will Revocation: Crucial Considerations for Estate Planning in Dubai

Ensure your DIFC Will reflects your wishes! Explore how marriage, new wills, and other circumstances can revoke a DIFC Will in Dubai. Learn how to keep your estate plan up-to-date.

This guide dives into the situations that can trigger the revocation (cancellation) of a DIFC Will registered with the DIFC Courts Wills Service. Understanding these circumstances is crucial for effective estate planning in the Dubai International Financial Centre (DIFC) jurisdiction.

Revoking a DIFC Will: Key Scenarios

• Superseded by a Newer Will: A new DIFC Will can revoke a previous one, either explicitly stating it or implicitly through conflicting instructions.
• Written Declaration of Revocation: The testator (the person who made the Will) can revoke a DIFC Will through a written declaration that meets the same formality requirements as the original Will.
• Marriage: Generally, a DIFC Will automatically becomes invalid upon the testator’s marriage. However, there are exceptions.
• Power of Appointment Exception: If a DIFC Will grants a “power of appointment” (the authority to distribute assets), the testator’s exercise of this power usually remains valid even after marriage, unless the appointed assets would have otherwise gone to the testator’s executors.
• Anticipation of Marriage: If a DIFC Will expresses an expectation of future marriage, specific provisions within the Will may still be valid after marriage, depending on the testator’s intentions regarding revocation upon marriage.
• Divorce or Annulment: Dissolution or annulment of a marriage by a competent court typically renders any bequests or designations made to the former spouse in the DIFC Will null and void, as if the former spouse had died on the date of the divorce/annulment. However, the Will can specify otherwise.

Maintaining an Up-to-Date Estate Plan in Dubai

By understanding these DIFC Will revocation scenarios, you can ensure your Dubai estate plan accurately reflects your wishes. Regularly reviewing and updating your estate planning documents, including your DIFC Will, is vital. This ensures they remain aligned with your current life circumstances and goals.

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