sales@hhslawyers.com       +97142555496      WhatsApp
Special inheritance Court within Dubai Court

Establishment of Special inheritance Court within Dubai Court: A Flexible Legal Approach 

If not managed appropriately, inheritance-related difficulties can be a stressful thing that seriously harms family ties over time. In the UAE, a special inheritance court has been formed to ensure that social and familial relations are safeguarded in these situations. Its objective is to resolve inheritance-related issues swiftly. The Special Inheritance Court in Dubai was established on April 17 by Sheikh Maktoum bin Mohammed bin Rashid Al Maktoum, the deputy ruler of Dubai, deputy prime minister, minister of finance, and head of the Dubai Judicial Council. 

Establishment of a top-notch Legal System for the advancement of the social and economic well-being of the Emirate:

The new Inheritance Court in Dubai will allow inheritance-related matters and petitions to be processed by one judicial body within a set time limit. The creation of the specialized inheritance court is in keeping with Dubai’s ongoing attempts to improve the legal system and speed up the litigation process in Dubai Courts. The move is also a part of carrying out the orders of His Highness Sheikh Mohammed bin Rashid Al Maktoum, Vice President and Prime Minister of the United Arab Emirates and Ruler of Dubai, to establish a top-notch legal system that advances the social and economic well-being of the Emirate.

You may want to know: Sharia Law in UAE and Its Application

What will the litigation process entail, and what cases will the Court hear? What’s included in it is listed below.

Purpose/ Aim of Establishment of Inheritance Court in Dubai

  • This action is consistent with Dubai’s ongoing efforts to modernize the litigation process, enhance the judicial system in Dubai Courts, and establish a world-class legal system that will progress the Emirate’s social and economic well-being.
  • It will be the country’s first specialized Court of its sort to reduce three levels of litigation to just one, guaranteeing that final judgments are given and executed swiftly, resulting in less time.
  • It will have a good influence on society and aid in attaining social stability.

Composition of Inheritance Court in Dubai

  • A judge from the Court of Cassation will preside over the inheritance court, which will also consist of judges from the Court of Appeals and the Court of First Instance. 
  • The special inheritance court will assemble judges with various specialties depending on a case’s circumstances. 

The time- period for Hearing of Case

The Court should consider cases within 30 days of the registration date if possible. Unless the judge presiding over the Court determines differently, the duration of the case shall not exceed 12 months.

Special features of the Court

  • Within Dubai Courts, a special inheritance court has been formed. This Court will only handle inheritance matters with a value of at least Dhs500,000 ($136,128).
  • Cases must be heard within 30 days of the file’s filing date, and decisions must be made within a year.
  • Court decisions are final and may only be reviewed by presenting a petition.
  • The same Court will hear any cases involving an inheritance claim.
  • These include any labour, civil, business, or property issues.
  • Only in specific situations and with the agreement of the Head of Court the duration of any case’s litigation be prolonged.
  • At the new Court, matters will be heard by a panel of judges from the courts of cessation, appeal, and first instance.
  • This Court reduces the time lost in litigation processes and cases referred to different specialized courts.

Read more about: Inheritance rule applicable to the non-Muslim expats in UAE

Settlement of Inheritance Matters

  • The new Court is responsible for resolving inheritance-related lawsuits, such as disputes over inventory listing, the liquidation or division of an inheritance among heirs, and civil, real estate, commercial, and other lawsuits that result from inheritance disputes. 
  • The Court’s rulings are final and cannot be appealed.
  • The new Court, which will function as a single authority to handle inheritance issues encompassing civil, real estate, and commercial conflicts, intends to reduce procedural obstacles and delays while expediting litigation procedures. 
  • The Court also strives to protect social and familial relationships by expediting the resolution of inheritance cases.

Non- Appealable Judgement

  • The decisions of the inheritance court will not be appealable through regular channels, be final, and be subject to rapid enforcement. 
  • The Court may rescind its decision following the regulations and processes outlined in Article 187 of the Civil Procedure Code and its modifications. 
  • It might be appealed through a petition for reconsideration if a case file was invalid.

Conclusion

The inheritance court will strive for efficiency with updated legal guarantees to resolve every estate dispute, including its civil, real estate, and commercial cases, in front of one central authority, removing obstacles, delaying the litigation, and shortening its length. Consequently, this Court reduces the amount of time needed for litigation processes between specialized courts that transfer cases between them as well as any issues that may arise due to the diversity of viewpoints and degrees among the various organizations.

For more information relating to the subject, please don’t hesitate to contact HHS Lawyer in Dubai.

Hazim Darwish

Hazim Darwish, is a Senior Partner of HHS Lawyers in UAE. Practicing law for almost a decade, he has in-depth knowledge on UAE legislation with particular expertise on legal drafting, contract drafting, labor disputes, family law, and regulatory compliance for business organizations. Hazim Darwish also provides counsel on legal rights and obligations in the UAE to clients, including individuals and businesses subject to investigation or prosecution under Criminal Law by major regulators.