Khaleej Times, Saturday, Jul 15, 2023 | Zul Hijjah 27, 1444
Dubai announces establishment of inheritance department for non-Muslim residents
Emirates:
The Dubai Courts has announced the establishment of its first inheritance
department for non-Muslims residing in the emirates. This significant
development allows non-Muslims to prepare and execute their wills according to
their own laws. It provides a clear legislative framework and ensures the
effective application of non-Muslims' wishes regarding inheritance matters.
This new department will provide a dedicated platform for non-Muslims to
formalise their wills and have them administered by Dubai Courts. It aligns with
the emirate's dedication to honouring cultural diversity and strengthening a
comprehensive and advanced service framework.
How it works:
The Department specialises in regulating non-Muslim inheritance cases based on
specific terms and conditions. To open an inheritance file, applicants must
provide a set of documents, depending on their specific request and the
available documentation. In the first case, the documents must include a legal
notice, an inventory of inheritance, a legal document, or an official document
specifying the heirs and their shares.
In the second case, applicants should submit an official document proving the
existence of a will issued by Dubai Courts or any other courts within UAE,
excluding the Dubai International Financial Centre courts. In the third case, if
none of the above documents are available, a judicial ruling proving the death
of the deceased and identifying the heirs must be provided. Al-Shamsi also
mentions that if the ruling is issued outside the UAE, the file can only be
opened after ensuring that the ruling is attested by the Embassy of the UAE -
Ministry of Foreign Affairs.
If a request to open an inheritance file is based on a will not issued by the
courts within the UAE, which is the fourth case, the provisions of Article 18 of
Law No. 15 of 2017 concerning the management of non-Muslim inheritance matters
and the execution of their wills, as applied in Dubai, are implemented. A
lawsuit for the execution of the will is registered, along with a certified copy
of the applicable law for the will, whether it is the law of the testator's
nationality, or the law specified in the will. The director of the lawsuit
ensures the completion of the documents, payment of judicial fees, schedules the
nearest session, and notifies all parties mentioned in the will.
The non-Muslim inheritance Department applies a single-session system, aiming to
reach a decision on the request within one session. After the decision accepting
the execution of the will is issued, along with the file opening application, it
is presented. If further clarification and inquiries are required, a request is
submitted to the court president for approval to open the file through the
"Wayak" system.
Regarding cases where the court refrains from opening probate files, Al-Shamsi
explained that they include situations where a will is issued or authenticated
by the Dubai International Financial Centre courts, as these courts have
jurisdiction over such matters. Additionally, an accompanying affidavit
specifying the heirs, whether they are outside the country or subject to
consular jurisdiction, may be considered insufficient in determining all the
heirs. In other cases, applicants are permitted to submit a request to the court
president through the "Wayak" system for the review and issuance of an approval
decision.
The establishment of this department aims to facilitate and expedite procedures
for individuals. Al-Shamsi emphasised that Dubai Courts attaches great
importance to the probate matters of non-Muslims in the Emirate, ensuring the
application of their personal laws and developing litigation procedures to make
them enforceable.
Sheikh Mohammed bin Rashid Al Maktoum, in his capacity as the Ruler of Dubai,
issued Law No. 15 of 2017, which applies to all wills and probate matters
concerning non-Muslims in the Emirate, including the Dubai International
Financial Centre. This comprehensive law aims to empower non-Muslims to prepare
their wills within a clear legislative framework that ensures the application of
their personal laws. Furthermore, it seeks to enhance litigation procedures
related to their wills and probate matters, simplifying and making them
enforceable.
The law also encourages non-Muslims to register their wills and manage their
estates in Dubai, addressing the legal issues associated with inheritance and
probate cases and finding appropriate solutions. Ultimately, it promotes
investment in Dubai with confidence and transparency.