Legal Q&A Guide

DigiWish is BlockWill's digital asset succession documentation system that allows users to create, store, and manage their succession wishes for digital and traditional assets. The legal status of documents created through DigiWish depends on: (a) the type of document created (informal wish list, formal will, trust deed, etc.); (b) the jurisdiction governing the estate; (c) compliance with formal requirements (witnesses, signatures, attestation) of that jurisdiction; and (d) the nature of assets being addressed. DigiWish can generate documents ranging from informal memoranda of wishes (which guide executors but may not be legally binding) to formally executed wills that meet jurisdictional requirements. For wills to be legally binding, they must generally comply with the formalities required by applicable succession laws using the professional legal services of a qualified attorney or lawyer.

It is clarified that BlockWill does not generate any wills but generates templates which facilitates the users with a comprehensive document containing all their assets and their intended beneficiaries, which through proper legal execution procedures in adherence to the applicable law of the land, may be converted into a legally compliant will by a qualified lawyer.

Templates generated using DigiWish can be legally valid if they adhere to the formal requirements of the applicable jurisdiction. Most jurisdictions require wills to be: (a) in writing; (b) signed by the testator; (c) witnessed by a specified number of witnesses (typically two); and (d) executed with testamentary intent. DigiWish facilitates compliance by providing will templates drafted by legal professionals.

Important: For maximum legal protection, we recommend having DigiWish-generated templates reviewed by a qualified legal professional in your jurisdiction and properly executed with witnesses physically present where required by law.

DigiWish provides templates and frameworks which may facilitate for creating trust deed documentation by availing the professional legal services of qualified attorney or lawyer. It is clarified that DigiWish a will-like template and not a trust template.

Please note that the legal validity of trust deeds depends on additional factors beyond the document itself. A valid trust typically requires: (a) certainty of intention to create a trust; (b) certainty of subject matter (the assets being placed in trust); (c) certainty of objects (the beneficiaries); (d) proper constitution of the trust (transfer of assets to trustees or declaration of trust); and (e) compliance with any registration or formal requirements.

DigiWish assists by providing a document which comprehensively lists all the assets included by the user and the intended beneficiaries for those assets, which facilitates the users and their estate planners and estate attorneys to create a legally-compliant trust.

For complex trust arrangements, particularly those involving significant assets or cross-border elements, we strongly recommend engagement with qualified trust professionals and legal advisors.

A DIFC Will is a will registered with the DIFC Wills Service Centre, operating under a common law legal framework separate from UAE onshore civil and Shariah law. Key differences include:

Legal Framework: DIFC Wills operate under DIFC Wills and Probate Registry Rules, based on English common law principles, while UAE onshore wills are subject to UAE Personal Status Law and Shariah inheritance rules for Muslims.

Testamentary Freedom: DIFC Wills allow non-Muslims to freely distribute their assets according to their wishes, whereas UAE onshore laws apply Shariah-based heirship rules.

Asset Coverage: DIFC Wills can cover UAE-wide assets (Full Will), DIFC-specific assets, financial assets only, real property only, guardianship matters, or business interests.

Probate Process: DIFC Courts handle probate for registered DIFC Wills, providing a streamlined English-language process.

DIFC also facilitates DIFC Trusts and DIFC Foundations.

To know more, visit https://www.difccourts.ae/difc-courts-wills/services.

BlockWill is fully committed to compliance with DIFC Data Protection Law No. 5 of 2020 (DPL 2020), which establishes a comprehensive data protection framework aligned with international standards. Our compliance measures include:

Lawful Basis: We process personal data only on lawful grounds (contract performance, consent, legal obligation, or legitimate interests).

Data Minimization: We collect only data necessary for providing our services.

Purpose Limitation: Data is used only for specified, explicit purposes disclosed to users.

Security Measures: We implement appropriate technical and organizational measures to protect personal data.

Data Subject Rights: We facilitate exercise of rights including access, rectification, erasure, and portability.

Cross-Border Transfers: International data transfers comply with DPL 2020 adequacy and safeguard requirements.

Breach Notification: We maintain procedures for timely notification of data breaches to the Commissioner and affected individuals where required.

For users in the European Economic Area (EEA) or where GDPR otherwise applies, BlockWill implements GDPR-compliant data processing practices:

Legal Basis: Processing based on Article 6 grounds (contract, consent, legal obligation, legitimate interests).

Transparency: Clear privacy notices explaining data processing activities.

Rights Facilitation: Processes to handle requests for access, rectification, erasure, restriction, portability, and objection.

Data Protection by Design: Privacy considerations integrated into system development.

International Transfers: Appropriate safeguards (Standard Contractual Clauses, adequacy decisions) for data transferred outside the EEA.

Data Protection Officer: Designated DPO contactable for privacy-related inquiries.

Records of Processing: Comprehensive documentation of processing activities as required by Article 30.

BlockWill has implemented business continuity and data succession measures to protect users in the unlikely event of business cessation:

Data Escrow: Critical user data is maintained in secure escrow arrangements.

Advance Notice: Users would receive substantial advance notice of any planned cessation of services.

Data Export: Users can export their data within a prescribed time through our platform.

Successor Arrangements: Where possible, services would be transferred to a qualified successor provider.

Decentralized Backup: Blockchain-based timestamping provides independent verification of documents even if our systems are unavailable. These measures ensure that your estate planning documentation remains accessible and verifiable regardless of BlockWill's operational status.

BlockWill employs multi-layered identity verification that meets requirements for electronic identification under applicable laws:

Know Your Customer (KYC): Government-issued ID verification during onboarding.

Multi-Factor Authentication: Combination of knowledge, possession, and inherence factors.

Biometric Verification: Optional biometric authentication for high-security operations.

Session Recording: Timestamped logs of all authentication events.

Device Recognition: Trusted device management and anomaly detection.

This verification framework satisfies requirements under DIFC Electronic Transactions Law for reliable electronic identification and supports the evidentiary weight of documents created on our platform by establishing clear chains of authentication.

Like all forms of signature (including traditional wet ink signatures), digital signatures can potentially be challenged. However, BlockWill's digital signature implementation is designed to withstand legal scrutiny:

Authentication: Multi-factor authentication ensures the signatory is who they claim to be.

Intent: Clear user interface requiring affirmative action to sign demonstrates intent.

Audit Trail: Comprehensive logs document the entire signing process.

Integrity: Cryptographic sealing prevents post-signature alterations.

Timestamps: Blockchain-anchored timestamps provide independent verification.

Under DIFC Electronic Transactions Law and similar legislation worldwide, electronic signatures meeting reliability requirements have the same legal effect as handwritten signatures. BlockWill's signatures are designed to meet these standards.

Recognition of BlockWill documents in foreign jurisdictions depends on several factors:

Document Type: Evidentiary documents (proof of intent, asset inventories) are generally admissible worldwide as documentary evidence. Formal legal instruments (wills, trusts) must comply with the formality requirements of both the governing law chosen and the jurisdiction where enforcement is sought.

Applicable Law: International private law principles determine which jurisdiction's laws apply to succession matters, typically the deceased's domicile or nationality for movable assets, and the location for immovable property.

Treaty Recognition: Some jurisdictions have treaties (like the Hague Convention on Wills) that facilitate cross-border recognition.

For complex international estates, we recommend engagement with legal advisors familiar with relevant jurisdictions.

BlockWill employs multiple mechanisms to maximize the legal strength of your estate planning documents:

Immutable Records: Blockchain timestamping creates tamper-evident records.

Comprehensive Documentation: Surrounding evidence of capacity, intent, and absence of undue influence.

Regular Review Prompts: Reminders to review and update documents, ensuring currency.

Secure Delivery: Reliable conditional release mechanisms ensuring documents reach intended recipients only.

Multi-Layered Verification: Multiple authentication and verification systems supporting document authenticity.