June 29, 2021 Practice Directions
IN THE DUBAI INTERNATIONAL FINANCIAL CENTRE COURTS
PRACTICAL GUIDANCE NOTE No. 4 of 2021
Requesting copies of a Will where the requesting party is not named in the Will
Citation
This Practical Guidance Note will come into effect from 29 June 2021. It may be cited as Practical Guidance Note 4 of 2021 – Requesting copies of a Will where the requesting party is not named in the Will and may be abbreviated to PGN 4/2021.
1. Background
1.1 This practice direction arises by reason of several requests, made to the DIFC Wills & Probate Registry, by individuals who are not named as beneficiaries (or otherwise) (a “Third Party”) in a DIFC Registered Will, but who wish to access a copy of the Will of a deceased person (“Request”).
1.1 For the avoidance of doubt, such Requests will not be entertained where the testator is not deceased.
2. Request – form and procedure
2.1 If a person wishes to access a copy of the Will of a deceased person, then such a request should ordinarily be made to the executor of the deceased estate (the “Executor”), in the first instance.
2.2 In the event that the Executor refuses to allow a Third Party access to the Will in question or where the Third Party is unable to contact the Executor, for any reason, then the Third Party may make a Request to the DIFC Wills & Probate Registry.
2.3 The Request must be accompanied by:
(a) an affidavit setting out:
(i) reasons for requesting a copy of the Will, including all evidence in support of the Request. In this regard, the Third Party must be able to sufficiently satisfy the Registrar that he or she has very strong reasons for requesting a copy of the Will;
(ii) attempts made to access the Will through the Executor, and any interaction between the Executor and the Third Party in respect of this Request, including setting out grounds for the Executor’s refusal to provide a copy of the Will (where applicable) or otherwise, details of any attempts to contact the Executor; and
(iii) all other information, relevant to the Request and which the Registrar ought to take into account;
(b) exhibits in support of the affidavit (including the Testator’s death certificate);
(c) payment of the Request administrative fee of USD 300, payable to the DIFC Courts; and
(d) a brief letter to the Registrar, enclosing and describing each of the documents filed in support of the Request, as well as the Third Party’s contact details.
