COVID-19: DIFC Wills Rules Prove to Stand the Test of Time

COVID-19 has unleashed health, economic, social and legal challenges at a scale never seen by anyone in the modern history.

On 8 April 2020, www.bbc.com reported that Wills in the UK were ‘being signed on car bonnets’ amid lockdown. The article further stated that ‘documents have been held in place by windscreen wipers and signed on a car bonnet in a novel way for wills to be witnessed during social distancing. Signatures are also being watched through windows and patio doors as current restrictions make 200-year-old will writing laws difficult to uphold. Ministers say there are no plans to relax the strict rules.’

The British legal system is failing the test of time in a situation where individuals are either locked down at homes or are passing away in hospital beds. In both situations, they are unable to sign valid wills which require at least two (2) witnesses to be physically present together with the testator.

While the Law Society in the UK has now called on the Ministry of Justice to make changes to the law to allow for video conferencing of the will writing process, DIFC Wills Rules already allow for two (2) witnesses to be virtually present for the signing and registration of DIFC Wills. The testator can sign his/her Will through a video conference call where the testator, two (2) witnesses and the authorized officer of the DIFC can all attend the entire signing process from different physical locations. This means that none of the parties involved in the registration process is required to move outside their homes to sign and register a Will that is valid and binding.

DIFC Courts Wills Service (DIFC CWS) uses latest technology for video conferencing and for securing signatures of the testator and witnesses during the video conferencing call. The draft of the Will and the entire signing process is controlled through an electronic device by the DIFC WSC’s authorized officer conducting the video conference call. The video conference call is recorded to ensure that the signing process is not open to challenge in the court.

DIFC WSC’s modern legal infrastructure and use of latest technology has allowed the registration of Wills in UAE for individuals around the world during the strictest social distancing and lockdown period.

Dubai’s DIFC WSC has once again shown that it remains at the forefront of legal modern regimes and the use of latest technology which has proven to stand the test of time during COVID-19. This has provided the necessary reassurance to everyone seeking to invest in the UAE and protect their loved ones at the same time.

The online Will writing process of Legal Inz in designed to work with the DIFC WSC and DIFC Wills Rules to ensure that individuals can request for drafting as well as the registration of their Wills from their homes.