The DIFC Wills and Probate Registry
Practice Direction No. 2 of 2015
The DIFC Wills and Probate Registry (WPR)’s Register of Probate Practitioners
Citation, commencement and interpretation
In exercise of the powers conferred on me by Article 8(3)(a) of Dubai Law No. 9 of 2004, as
amended, and Rule 7 of the DIFC WPR Rules, I, Michael Hwang, Head of the DIFC Dispute
Resolution Authority (DRA), issue the following Practice Direction after having reviewed the
DIFC WPR Rules, including but not limited to Rules 24, 26, 36, 37, 38, 48, 84, 85, 95, 98, 106
and 110, and following a one-month period of public consultation.
This Practice Direction will come into effect on the date of issue. It may be cited as Practice
Direction 2 of 2015 — DIFC Wills and Probate Registry’s Register of Probate Practitioners
and may be abbreviated to PD 2/2015.
In this Practice Direction—
(a) “Company Executor” means a company allowed to apply for probate and to be named as
an executor or administrator (with will annexed) pursuant to Rules 37 & 38 of the DIFC
WPR Rules.
(b) “DIFC WPR” means the DIFC Wills and Probate Registry.
(c) “Director” means a Director of the DIFC WPR, appointed by the Head of the DRA or
such other person as may be appointed by the Head of the DRA to perform the functions
of the Director under this Practice Direction.
(d) “Firm” and “Company” means a partnership (including a limited liability partnership) or
company or other corporation. In the DIFC WPR Rules the definition of “Firm” is to be
deemed to refer to “Company” and any reference to “Firm” (as mentioned in DIFC WPR
Rules 31 & 35) is to be replaced by the term “Company” as used in DIFC WPR Rule 37
and the Definition section.
(e) “Grant” means a grant of Probate.
(f) “Probate Practitioner” means a legal practitioner who is licensed to carry out probate
matters in accordance with this Practice Direction.
(g) “Register” means the DIFC WPR Register of Probate Practitioners.
(h) “Will” means any will registered under the rules of the DIFC WPR from time to time.
1. The DIFC WPR shall establish and maintain a Register of Probate Practitioners and
Company Executors.
2. A person wishing to be included in the Register of Probate Practitioners must be a legal
practitioner employed by a validly licensed firm with the address for its place of business
being within the Emirate of Dubai.
3. A Company may be registered as a Company Executor if it is:
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(a) A licensed Company with adequate insurance; and
(b) A Company which in its normal course of business has fiduciary duties.
The procedure for registration as a Probate Practitioner is as follows:
1. An applicant must attend an interview with the Director during which the Director shall
establish the experience of the applicant and his or her knowledge of the rules and
procedures applicable to the DIFC WPR.
2. Not less than seven (7) days prior to the interview (or such shorter time as the Director
may accept in his or her sole discretion) the applicant shall submit to the DIFC WPR the
following:
(a) a copy of the professional licence of the firm by which the applicant is employed;
(b) a copy of the applicant’s legal practicing certificate;
(c) evidence of the applicant having not less than 2 years’ relevant experience in
succession and probate matters; and
(d) confirmation of the applicant’s fluency in the English language and familiarity with
the WPR Rules (including the DIFC Courts’ Rules) and procedures governing the
DIFC WPR.
3. The Director shall, within fourteen (14) days after the interview, either advise the
candidate that he or she will be added to the Register or that his or her application has
been unsuccessful. The registration in the Register does not confer any right to conduct
proceedings or to appear in the DIFC Courts, which matters are governed by the rules and
procedures of the DIFC Courts.
4. Should the Director find the application to be unsuccessful, he or she will provide reasons
in writing.
5. The Director reserves the right to remove an individual from the Register in exceptional
circumstances and upon the provision of reasons in writing.
6. In the event an application is unsuccessful or a Probate Practitioner is removed from the
Register, the individual concerned may, within fourteen (14) days, lodge a written and
reasoned request for reconsideration with the Head of the DRA.
7. A Probate Practitioner shall promptly inform the DIFC WPR of any matter which might
reasonably affect his or her registration, including a change of the firm for which he or
she works, bankruptcy proceedings having been commenced against the Probate
Practitioner or any disciplinary proceedings being commenced against the Probate
Practitioner.
The procedure for registration as a Company Executor is as follows:
1. A representative authorised to act on behalf of the Company must attend and pass an
interview with the Director.
2. Not less than seven (7) days prior to the interview (or such shorter time as the Director
may accept in his or her sole discretion) the applicant shall submit to the DIFC WPR the
following:
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(a) A copy of their Company Licence in the UAE and any supporting documents which
may be required by the Director;
(b) Proof of the Company’s adequate professional liability insurance, to be determined at
the discretion of the Director; and
(c) A list of individuals employed by the Company and who are authorised to conduct
proceedings on behalf of the Company, with a list of people having adequate
knowledge of the DIFC WPR and the DIFC WPR Rules.
The Director shall, within fourteen (14) days after the interview, either advise the
Company that they will be added to the Register or that their application has been
unsuccessful. The registration in the Register does not confer any right to conduct
proceedings or to appear in the DIFC Courts, which matters are governed by the rules and
procedures of the DIFC Courts and the Academy of Law (AOL).
A Company shall promptly inform the DIFC WPR of any matter which might reasonably
affect their registration, including any of the individuals listed in 2 (c) above leaving the
Company, bankruptcy proceedings having been commenced against the Company or any
legal proceedings being commenced against the Company.
Should the Director be minded to refuse registration, they must provide reasons for the
refusal in writing.
The Director reserves the right to remove a Company from the Register in exceptional
circumstances.
In the event an application is unsuccessful or a Company is removed from the Register,
the Company concerned may, within fourteen (14) days, lodge a written and reasoned
request for reconsideration with the Head of the DRA.
If Companies do not renew their registration within three months from the date of
renewal, the registration will be cancelled.
Fees for Registration as Probate Practitioner and Company Executor (in accordance with
DIFC WPR Rules 37 & 38) and Renewals
1. The non-refundable fee to apply for registration as a Probate Practitioner is AED 2,000. If
the application is successful, the applicant will be registered in the Register by the
Director.
2. A yearly renewal fee of AED 500 is applicable. If the registration is not renewed within
three months of the expiry date, the Probate Practitioner’s registration will be cancelled
and he or she will need to file a new application for entry in the Register with the
applicable registration fee.
3. The non-refundable fee to apply for registration as a Company Executor is AED 4,000. If
the application is successful, the applicant will be registered in the Register by the
Director.
4. A yearly renewal fee of AED 2,000 is applicable. If the registration is not renewed within
three months of the expiry date, the Company Executor’s registration will be cancelled
and he or she will need to file a new application for entry in the Register with the
applicable registration fee.
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Michael Hwang
Head of the Dispute Resolution Authority
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