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As a South African national, having a valid Will is crucial to ensure that your assets are distributed according to your wishes after you die.

However, if you either reside in the UAE or have assets located in the UAE, it is important to consider creating a DIFC Will.

What is a DIFC Will?       

The DIFC is a financial free zone located in Dubai, UAE. It has its own legal system and courts, separate from the rest of the UAE. The DIFC Wills Service Centre (the WSC) was established in 2015 to provide non-Muslim expatriates and investors with a mechanism for creating a Will that is recognised under DIFC law.

A DIFC Will is a formal legal document that specifies how an individual’s assets shall be distributed after they die. The WSC allows for both full and limited DIFC Wills. A full DIFC Will could cover all assets located anywhere in the world and may appoint guardianship over minor children, while a limited DIFC Will covers only specific assets or appointments located in the UAE.

What are the benefits of a DIFC Will for a South African?

1. Avoids Sharia Law: The UAE is an Islamic country, and Sharia law applies to all Muslims in matters of inheritance. Therefore, without a valid Will, your assets located in the UAE may be distributed according to Sharia law. For non-Muslims, creating a DIFC Will ensures that if they reside in the UAE or where they have assets located in the UAE, then these are distributed according to their wishes, and not according to Sharia law. The new Personal Status law introduced in the UAE now makes this position clear.
2. International recognition: A DIFC Will is recognised internationally, which means that under normal circumstances it should be honored in most jurisdictions worldwide. This is particularly beneficial for South African nationals who may have assets located in other countries besides the UAE.
3. Faster probate process: The probate process for a DIFC Will is generally quicker and less expensive than the probate process for a Will in South Africa. This is because the WSC has a streamlined probate process that is designed to handle the distribution of assets located in the UAE as well as the appointment of Guardians to minor children.
4. English language: A DIFC Will is created in English, which is beneficial for South African nationals who speak English as a first or second language. This ensures that there is no confusion or misinterpretation of the Will due to language barriers.
5. Confidentiality: The WSC maintains a high level of confidentiality for all DIFC Wills. This means that your wishes and distribution of assets remain private and confidential.
6. Appointment of Guardians: A DIFC Will is the only Will which solely allows the appointment of Guardians.
7. Efficient Process: A DIFC Will is a straightforward, simple three step process. (i) Consult, (ii) Draft Will, (iii) Register Will. The Will is registered now so you have peace of mind that its validity should not be challenged when required.

A DIFC Will is a vital legal document for South African nationals who either reside in the UAE or who have assets located in the UAE.

It ensures that their assets are distributed according to their wishes, avoids Sharia law, is internationally recognised, has a faster probate process, is created in English, and maintains a high level of confidentiality.

If you are a South African national who either resides in the UAE or who has assets located in the UAE, it is highly recommended that you consider creating a DIFC Will.

Shallon CSP provide Private Wealth and Corporate Structuring, Company formation and succession planning both in the UAE and internationally.

Our DIFC Wills team are qualified and practicing Solicitors and have assisted many clients with their succession planning and estate administration.

Our knowledge of the law and international legislation extends well beyond the borders of the UAE.

We have a truly global legal network, provide a superior service, and ensure a transparent fee structure with no surprises.

Contact us at Shallon CSP today for our free initial consultation.

In its simplest form, A Will is a judicial record. These are the Legal papers that contain a decision of the granter. According to which, their assets are distributed among their beneficiaries after their death. It can also include the names of dependents or even list the assets and locations of assets belonging to the testator.

Why You Should Register a UAE Will

It is beneficial for individuals who live in the UAE to register their Will before death. In the absence of a valid UAE Will, the assets of a foreigner who dies in the UAE are frozen according to UAE Law.

The assets left behind after a foreigner’s death are administered and distributed according to Sharia law. So, the family will be required to follow Shariah Law procedures. There are many misconceptions about the Shariah Law in the UAE, such as who receives what? It is a fact that most Non-Muslims neither know nor understand the requirements and distribution.

It is preferable for Non-Muslims living in the UAE to select their Beneficiaries according to their own wishes. A Will also provides complete freedom to choose how and when the assets are distributed to the Beneficiaries.

Importance of Will

If an individual has either family or assets in the UAE, it is strongly recommended to establish their Will in order to avoid any unwanted actions upon their death – such as Bank Account blocking, or frozen investments, Quarrels within the family in relation to the division of assets, Guardianship issues for youngsters, and the Cancellation of dependant visas.

Register a Will in the UAE

Writing a will in the UAE is regarded as a difficult task for foreigners. But this reputation is no longer justified. Shallon CSP professional experts will assist you with everything related to the writing of a will. For more detail contact us…..

When creating a Will in the UAE, it is usually advisable to consult a professional to ensure that all rules and regulations are followed. Shallon CSP is officially registered with the DIFC Courts Wills and Wills Service Centre.

Before drafting a Will, an individual must check to confirm they are eligible and that their wishes are allowable under both the DIFC Law and UAE Public Policy laws. The DIFC Rules are in English and undoubtedly more straightforward than the Sharia law, it is still vital that the Will is drafted in such a manner that it can clearly be interpreted according to the DIFC laws. For this reason, whilst a Non-Muslim can prepare their own Will, it is strongly recommended that they utilise the services of a professional for this purpose. Prior to registration the Will must be reviewed and approved by the DIFC Courts Registrar.

Drafting Your Will

This is the most complex phase in the process of registering the Will. However, with our guidance, we can aim to make this as straightforward as possible. This involves identifying your Beneficiaries, your Executor, appointing a Guardian to minor children, and clearly specifying the division of your estate between Beneficiaries – including planning for the event where a Beneficiary fails to survive you.

Our team are experienced and can prepare the Will according to your requirements.

Registering the Will

At the time of the registration process, which can now be completed remotely from any location in the world. We provide both required witnesses within our fee and we take care of the logistics of registration on your behalf.

The only part of the registration process which requires input from you is to click on the video link, confirm your identity and electronically sign the Will.

Final Step

After you have completed all of the stages, your will is registered in the DIFC Courts Wills and Wills Service Centre.

Requirements for Will Registration

• As a client to register your Will through Shallon CSP you have to be a Non-Muslim.
• As a client to register your DIFC Will in UAE You must be over 21 years old.
• As a client to register your DIFC You should either reside in or have assets in the UAE.

Benefits of Registering your Will with us

As a Registered Wills and Wills Service Centre lawyer, Shallon CSP has extensive experience in drafting and advising on all aspects of a DIFC Will.

• The process for remote registration of a DIFC will be straightforward with us.
• Shallon CSP offers a free preliminary consultation to assist you in effectively registering a Will.
• Our Wills are written in English and the official language of the DIFC is english. There is no need for an expensive translation of the Will.
• Our fee includes the provision of two witnesses at the registration meeting, and simple future amendments to the Will We do not charge an additional fee for making simple amendments.

Non-Muslims residing in the United Arab Emirates can now testate with confidence, clarity, and independence thanks to the DIFC Courts Wills and Wills Service Centre.

We would be pleased to answer any questions with respect to the options available when drafting a DIFC Will, please do not hesitate to get in touch with Shallon CSP…… 

FAQ About UAE WILLS in Dubai

Perhaps the major disadvantage of a Trust is its perceived irrevocability and the loss of control over assets that are put into Trust.

A Trust can be revocable, but this is likely to have negative tax consequences and a loss of the strong asset protection afforded by an irrevocable Trust. Many potential clients are reluctant to transfer their assets to the Trust through a perceived loss of control. Other potential clients request to be granted powers that would render the Trust useless in an attempt to retain control over the assets.

However, what is not common knowledge is that it is possible for a Settlor to retain a varying degree of control. Let’s take a closer look at some of these:

Letter of Wishes

It is common for a Settlor to grant a Letter of Wishes when establishing a Trust. This is simply a document provided to the Trustees in writing, which explains how the Settlor would have administered the assets if he still retained ownership. It can be as basic or as complex as may be required.

The Trustees will refer to this when dealing with any Trust assets. The Letter is not binding on the Trustees, as they must maintain absolute discretion. However, in practice, the Trustees will follow this as closely as possible and would avoid deviation unless necessary to protect the Trust assets for the Beneficiaries.

Protector

Depending upon the operative law of the Trust, it is possible to appoint a Protector to the trust.

A Protector can exercise a certain degree of control over the Trust assets. It may be a trusted friend, or family member, or even a family lawyer. It is also possible to appoint a professional company to provide Protector services. Shallon CSP can provide this service to Trusts where we do not act as Trustee.

It would be unnecessary for a Protector to receive any powers other than to veto decisions or actions of the Trustees where such decisions may not comply with the purposes of the Trust or the intentions of the Settlor. It would be counter-productive for a Protector to possess powers that could direct the Trustees.

Multi-Tier Structure

A structure containing a Trust with an underlying company provides flexibility.

The underlying company may hold assets, may actively invest in markets, or maybe fully operational as a business.

The Settlor could act as Director of the underlying company and exercise day to day operational control, whilst avoiding any negative impact on the integrity of the Trust. Although, the company could still be subject to taxation and this should be discussed further.

Joint Trustees

It is possible to appoint ‘Joint Trustees’, but there are significant disadvantages to consider.

Joint Trustees would require to make joint decisions. Agreement of both Trustees would be required on all matters. The first Trustee could be a Professional Trustee like Shallon CSP, whilst the second could be the Settlor. However, such an appointment may have unwanted tax consequences where the Settlor is resident in a high tax jurisdiction. It would also be possible to appoint two separate Professional Trustees. However, this may become expensive and cumbersome.

Private Trust Company

A Private Trust Company (PTC) is a company that has been established for the sole purpose of acting as a Trustee to a single Trust (or family of Trusts).

Family members are able to sit as Directors of the PTC and therefore participate in any decisions which require to be taken without being seen to exercise control. Directors which are familiar with the business can make the decisions and if a change of direction is desired, this can be achieved simply by changing the board of the PTC. The Settlor could hold 100% of the shares in the PTC.

Shallon CSP can sit as a Director on a PTC to ensure the Trust is administered correctly, that it complies with relevant legislation and to provide credibility.

With careful planning, it is possible to overcome the perceived shortcomings of a Trust and to legally retain a level of control over the underlying assets within a Trust without compromising its integrity. Trusts do not have to be scary with the proper advice in place.

Paul Hogarty, Solicitor
ShallonCSP

Why Dubai for business setup?

The strategic geographic location of Dubai makes it one of the favourite cities for economic activity. The business environment of Dubai is very business-friendly that helps the businesses to grow and be successful.

The government has policies that facilitate new businesses. The infrastructure of Dubai and cheap labour make it an ideal place for businesses to grow. 

Locations for Business Set up in Dubai

Selecting the right location for your business is very crucial for its success. It is important to explore the location for business setup to ensure that the infrastructure, facilities, and logistics suit your business perfectly. 

Mainland and free zones are two main categories under which new business locations are divided. Each zone has its own rules and regulations. Mainland companies in Dubai are allowed to freely do their business all around UAE, however, if there is a foreign investor then the maximum share he can hold in the business is 49%. So a foreign investor needs a local sponsor. 

Some of the most favourite locations for business formation in mainland Dubai are:

Sheikh Zayed Road

A road in the center of Dubai that has high buildings on both sides includes iconic buildings of Dubai.

Business Bay

This area is in a central location with easy access to the rest of the city. International companies’ corporate offices operate in this area. 

Deira

It is one of the oldest areas in the city, housing the majority of the city’s labor force as well as small to medium-sized enterprises.  

Al-Qusais

It includes an industrial zone as well as affordable apartments in spacious neighborhoods. This area is close to Sharjah and the airport making it a good choice for logistics business.   

Bur Dubai

This area attracts tourists as it is a historical place located near Dubai Creek. Shopping for textile computer accessories is very popular in this area. 

 Al-Quoz

It is a large area that is a popular place for manufacturing companies and warehouses that has cheap rent.

Freezone has its benefits and limitations. The locations in the free zone are mentioned below.

Jebel Ali Free Zone (JAFZA)

This zone is the largest free zone in the world that is best for manufacturing and trading.

 Dubai Airport Free Zone (DAFZA)

This is located near Dubai Airport which is best for telecommunications, IT, aerospace and aviation, logistics, and luxury goods. 

Dubai Silicon Oasis (DSO)

This area is best suited for technology-related firms. 

Dubai Media City (DMC)

The media industry-related firms operate in this area.

Dubai Healthcare City (DHC)

This zone is perfect for firms in the healthcare sector. This zone has medical professionals from all around the world which is the center of clinics, medical care, and hospitals.

Dubai International Financial Centre (DIFC)

This zone follows an international legal framework that attracts local and foreign institutions, giving ease of business operations and transactions. 

Dubai Multi Commodities Centre (DMCC)

It is one of the fastest-growing zones in terms of trading international commodities. The companies operating here deal in gold, diamond, precious metals, foodstuff, industrial materials, and beverages. 

Shallon CSP is an independent services provider and privately owned company formation in Dubai. The company experts’ provide a vast range of advisory solutions and guidance to their clients for setting up their own business in the best location in Dubai.

Starting a new business at a new place or country is a very hectic and complex task. Expanding your business in a new market is a very good opportunity for the business. You have to go through a long process and if there is any minor error your application can be denied to start up the business in the new market. 

To start a company in a new market it is better to take help from an expert. The expert in this field is a business formation agent. A company set up agent is a professional who is specialized in the registration of the company. A company creation agent knows all the legal requirements for the registration of the new company, so he will help the new companies to get registered. He will help the companies get registered in the category that is best suited for their business. 

Moreover, the company registering agent not only makes sure that the business is registered he will also support you while setting up the business, and also he will guide you. He will guide you regarding the application process and give you advice whenever you need it. 

The company formation agents lift a huge burden from your shoulders and do all the work for you. This way one of the main tasks is being handled by the professional and you can focus on other important tasks. So you can give your full attention to something more important whereas the company registration is being handled by the firm formation agent. 

The services of the enterprise formation agent make the hectic task of business registration very easy for the new businesses. In the end, the company gets cost-effective registration of their business. With the help of a company formation agent, the registration process will be very simple for the business as well as fast at the same time. 

Shallon CSP is the best choice for a company formation agent. The team at Shallon CSP has vast experience and knowledge in this field. Shallon CSP team specializes in cases that are related to business formation. The team makes sure to help every client.  

They have a large network with offices in multiple cities that can assist many businesses to expand. They give unmatched services to all of their clients and make sure to support and guide all their clients.

If you are someone who is not interested in a 9-5 job then starting your own business is the best option. When you have your own business you will be your own boss, you will work for yourself and you will achieve goals that you have set for yourself. 

To start a business first you need to decide and plan what business you want to start and then you have to decide where you have to start the business. Abu Dhabi is one of the best cities in the UAE to start your business. UAE has a very good favourable environment for businesses. It is also a favourable place for new businesses because of low tax rates, low import duties, strategic location, great infrastructure and much more. So here we have made a list of the best business options that you can do in Abu Dhabi.

Business options

Travel and tourism

UAE is a famous tourist destination, which has developed the travel sector. You can start a business that gives attractive offers such as resort deals or discounts on luxury travel, cruise deals and a lot more. 

Construction 

The construction of new buildings in the UAE is not slowing down. Modern design buildings are being constructed every day in UAE. So this gives a big opportunity for construction firms, real estate developers and many other professionals who are linked to the construction sector. 

Restaurant 

The people of UAE have good income so that’s why people there dine out more often. A restaurant with a special theme or menu can be a great attraction for the people of Abu Dhabi. This is a good investment with great chances of high returns and profits. 

Fresh home-cooked food delivery

With hectic routines, people find it very hard to prepare food for them every day and fast food is not healthy for everyday consumption. So fresh home-cooked food is a very option for the people who want healthy homemade food. This food will be delivered to them wherever they want and the stress of picking up food is also gone. 

Cleaning services

You can start a business that provides cleaning services that be either residential or industrial. You can get all the labour and machinery and start this business. 

Shallon CSP is here to help you whenever you plan on starting a business in Abu Dhabi. We will be happy to help you and give you our unmatched services. 

A company formation company is a company that creates a business on behalf of its client. The company has a team of experts who are specialized in the formation of the business and makes sure to help their clients set up the business in the new markets. The team at the company formation company makes sure to assist all of their clients, guide them as well as support them in this time. 

So when you are starting up your business or a company it is always better to take help from the experts who can guide you well. In this matter, the experts will be the company formation company, where you will have a meeting with them and you will hire a company formation agent from the company who will assist you and help you in the process. Now the most important decision is that how to choose the best company formation agent. We will tell you important tips that will help you choose the right company formation company. 

Charges clearly mentioned

This is one of the most important things when it comes to choosing the right company. A company that clearly mentions its charges and does not have any hidden charges can be trusted for your company formation. 

Gives simple and easy solutions

Since company formation is a difficult task, so always go for that company formation company that gives you a simple and direct solution to your problems and queries. They must make sure that the process is simple for you and you can easily understand it. 

Gives free consultation

Firms who give free consultation are better since it shows that they are not after your money rather they want to help you and make you satisfied with the work they have done. When you meet the team for a free consultation they will give you satisfactory answers and you can also judge their work ethic this way and make a better decision. 

Online reviews

Before making a final decision always make sure to check online reviews of the firm. These reviews will be from their real clients so if they have given positive feedback then it means that they are capable of doing what they say. 

Shallon CSP is a great company formation firm that fulfills all the above checkpoints.  They have a hardworking and skilled team onboard. With their presence around the globe and huge clientele, they know how to satisfy all their clients. 

Starting a business anywhere is a very hectic task. To start a business you need to research, plan, budgeting and much. Dubai is one of the best locations to start a business because of its strategic location, low tax rate, and ease of doing business. To start a business in Dubai here are few things that should be done. 

Plan corporate structure

Before you start a business in Dubai you need to plan what kind of corporate structure your company will have. This depends on the nature of your business, the aims of your business, and other operational aspects. The main corporate structures from which you can choose are Limited Liability Company and Sole Establishment. 

Moreover, you need to plan what kind of business structure you will have and different operational activities that will be carried out in your company. 

Financing 

One of the most important things to start your business is finance. So you need finance to start your business so make sure you have enough finance to start the business without any problem. 

Juridisication

The markets in Dubai are divided into different economic zones. The mainland, free zone, and offshore are the economic zones that are also known as jurisdiction. Each zone has its own rules and regulations, with different business setups for each zone. These zones serve different business aims and needs. So you need to study each and then select a zone that fulfills the needs of your business and aims. 

Get Trade License

You need to get a trade license for your business from the Department of Economic Development. Depending on your business structure you will have to choose licenses from four types that are commercial, tourism, industrial and professional. 

Get Approval

For specific businesses to start their business in Dubai they need to take permission from various government agencies. For different businesses, you need to take permission from different departments, such as if you are opening a restaurant in Dubai you need a permit specifically from the municipality for food and safety. 

Assistance from Experts

When starting a business it is always recommended to take help and assistance from experts. You can take help from the company formation experts at Shallon CSP. the team at Shallon CSP is fully equipped for all of their clients and help them set up their business in Dubai. 

Starting a business is a very difficult task but to keep it running successfully is another important task. There are many things that you should avoid so that your business keeps on running successfully. 

Dubai is one of the favourite places to own a business because of its strategic location, multicultural city, and high buying power of the population. When you own a business in Dubai you need to make sure to avoid a few things that will ruin your business. We have made a list of things which you should avoid so that your business keeps on running smoothly in Dubai. 

No Multicultural Interaction

Dubai is a city that is home to people from different cultures. So you will be interacting with people from different cultures so you must understand and have knowledge about their culture. So when you are interacting with them related to your business and act in a way that is appropriate to their culture it will have a good impact on them and your business relationship will be strong.

Build Relationships And Interaction With Local Organizations

The local organizations in Dubai are family-owned so it is better to build a healthy relationship with everyone in the organization as the employee can be related to the head of the organization.

It is important to maintain a good relationship when working UAE as it is a relationship-oriented culture. So to do a successful business first you need to develop a good relationship then earn their trust. This way you can have a successful business in Dubai. 

Good Communication

When you want to have a discussion it’s always better to talk to the person on phone instead of sending an email, or meet in person, as the people of UAE prefer to talk face to face rather than communicate in the written format. 

Moreover, you must understand the hierarchy of the organization you are contacting. The businesses are mostly family-owned so most decisions come from the head of the family so it’s better you know who is in charge. 

Be Patient

The people of the UAE are emotional and they like to have lengthy decisions. They also take time to make a final decision, so you have to be patient when dealing with Emirates and make sure that you talk a lot and give all the extra details so they take decisions in your favour.