In order to guarantee the preservation of social and familial ties in difficult circumstances, a special inheritance court has been established in the United Arab Emirates. Its goal is to promptly resolve inheritance-related difficulties. Sheikh Maktoum bin Mohammed bin Rashid Al Maktoum, the vice ruler of Dubai, deputy prime minister, minister of finance, and head of the Dubai Judicial Council, founded the Special Inheritance Court in Dubai on April 17.
The new Inheritance Court in Dubai will enable the processing of inheritance-related cases and petitions by a single judicial body within a predetermined time frame. Establishing the specialized inheritance court is consistent with Dubai’s continuous efforts to enhance the legal system and accelerate courtroom litigation.
The action is also a result of His Highness Sheikh Mohammed bin Rashid Al Maktoum’s directives to develop an excellent legal system that enhances the Emirate’s social and economic prosperity. He is the Vice President and Prime Minister of the United Arab Emirates and the Ruler of Dubai.
Special features of the Court
The special features of the Court includes:
- 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 labor, 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.
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 Duration of Inheritance cases
The preparation time for cases heard by the court should not exceed 30 days from the date of the case being lodged. The court also seeks to preserve social and family bonds by ensuring speedy settlement of inheritance lawsuits. The litigation process and ruling on the case should be executed within 12 months, unless the judge chairing the court deems otherwise.
Is the judgement appealable?
The new Court is tasked with handling litigation arising from inheritance-related issues, including inventory listing, the liquidation or distribution of an inheritance among heirs, and civil, real estate, commercial, and other litigation.
The decisions of the court are final and not subject to appeal by ordinary means. The new court, which serves as a single authority to settle inheritance lawsuits aims to eliminate procedural hurdles and delays and expedite litigation processes.
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.
The inheritance court will work to be as efficient as possible with modernized legal guarantees to settle every estate problem, including its business, real estate, and civil cases, in front of one central authority, removing barriers, delaying the lawsuit, and cutting down on its length. As a result, this Court expedites the litigation procedures between specialized courts that transfer cases between them and addresses any problems resulting from differing opinions and qualifications across the various organizations.
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