Dubai has established a new department dedicated to handling inheritance matters for non-Muslims

The process has been developed to address wills and provide assistance to families with misplaced documents.

Dubai Courts has introduced a specialized department to handle non-Muslims’ inheritance cases and the execution of their wills. The newly established department ensures the application of non-Muslims’ personal laws and streamlines probate matters, aiming to expedite procedures for individuals, as per the statement released by Dubai Media Office.

Judge Mohammed Al Shamsi, the head of the Special Court of Inheritance in Dubai, outlined four scenarios in which cases could be brought to the new department, along with the necessary supporting documents for each instance:

1. The first case requires documents such as a legal notice, an inventory of inheritance, and an official document specifying heirs and their shares.
2. For the second type of case, applicants must submit an official document proving the existence of a will issued by Dubai Courts or other UAE courts, excluding the Dubai International Financial Centre courts.
3. In the absence of the above documents, a third case arises, where a judicial ruling proving the death of the deceased and identifying the heirs is required. If the ruling is from outside the UAE, it must be attested by the UAE Embassy or the Ministry of Foreign Affairs.
4. The fourth case involves a request to open an inheritance file based on a will not issued by UAE courts. In this situation, UAE law concerning the management of non-Muslim inheritance matters and the execution of their wills, as applied in Dubai, applies. A lawsuit for the execution of the will is registered, and the applicable law for the will, whether the law of the testator’s nationality or the law specified in the will, is attached.

The non-Muslim inheritance department follows a single-session system, aiming to reach a decision on the request within one sitting. Once the decision accepting the execution of the will is issued, along with the file opening application, it is presented for further processing.

However, it is important to note that the new department will not handle cases where a will has been issued or authenticated by the Dubai International Financial Centre courts. In 2017, Dubai introduced a comprehensive law that governs all wills and probate matters in the emirate, including the DIFC. The law grants non-Muslims the right to prepare their wills within a clear legislative framework that ensures the application of their personal laws. It also aims to improve litigation procedures related to their wills and probate matters, simplifying and making them enforceable.

Additionally, Dubai recently established a dedicated court to handle inheritance disputes involving Muslims and non-Muslims of all nationalities. Claims can now be registered online and will first be reviewed by a preparatory judge, who will attempt to achieve an amicable settlement. This new system aims to provide a more efficient and accessible process for resolving inheritance-related issues in the emirate.