Dubai: The newly announced special court for inheritance cases in Dubai will be operational in September, it was revealed on Thursday.
From September, all new inheritance cases under Dubai Courts will be be heard at the new special court which will be the only judicial body to hear such cases in the emirate, officials said during a press conference. As many as 1800 inheritance cases were heard under various Dubai Courts in 2021.
The details of the Special Inheritance Court launched within the premises of Dubai Courts were announced by Tarish Eid Al-Mansoori, director general of Dubai Courts and Judge Mohammed Jassim Al Shamsi, president of the Inheritance Court, at a press conference held at the headquarters of Personal Status Court.
The new court will enable cases and requests related to inheritance within a specific time frame, cutting short litigation procedures and speeding up verdicts, the officials said.
The court also seeks to preserve social and family bonds by ensuring speedy settlement of inheritance lawsuits. Cases must be heard within 30 days from the date of lodging a file and rulings should be achieved within a year. Verdicts issued by the court will be final and are not subject to appeal except through a petition for reconsideration.
Streamlining litigation process
The establishment of the specialised inheritance court is aligned with Dubai’s constant efforts to enhance the judicial system in Dubai Courts and streamline the litigation process.
Al Mansoori said that the establishment of the Inheritance Court in Dubai Courts is in line with the directives of His Highness Sheikh Mohammed bin Rashid Al Maktoum, Vice President, Prime Minister of the UAE and Ruler of Dubai and a decision of Sheikh Maktoum bin Mohammed bin Rashid Al Maktoum, Deputy Ruler of Dubai, Deputy Prime Minister, Minister of Finance, and Chairman of the Dubai Judicial Council.
The decision issued by Sheikh Maktoum in April this year aims to further advance the legal system in the emirate.
Al Mansoori said a new building for the new court has been inaugurated and hearing offices and the IT system are getting readied for operations from September.
Court’s scope of work
He said the new court has the authority to decide on inheritance cases, to settle every dispute related to the inventory list, liquidation of the estate, the division of its funds among the heirs, or any civil, real estate or commercial case arising from the inheritance, or any Incidental requests related to the expulsion, entry of heirs, wills, or settlement between the heirs in gifts etc.
“The court’s judgments are final with prompt enforcement and are not subject to appeal except through a petition for reconsideration. Thus, this court shortens the time wasted for litigation procedures between specialised courts that refer cases among them and the complications that may result from that due to the diversity of points of view between different bodies.”
The court also aims to establish a judiciary that combines the various jurisdictions related to the inheritance case. It also aims to achieve procedural flexibility in inheritance cases, which may require innovative legal solutions to end them.
Apart from shortening the litigation procedures to be in one stage instead of several stages and maintaining the requirements for reviewing judicial rulings and their accuracy, Al Mansoor said, the court also will achieve speedy settlement of inheritance cases without prejudice to the requirements of prompt justice, and with legal guarantees.
Revealing more details about the court’s structure, Al Mansoori said that the Inheritance Court consists of one court of instance and includes one or more circuits.
“Each circuit is formed under the chairmanship of a cassation judge and the membership of an appeal judge and a judge of first instance. The diversity of their specialisations is considered to ensure compatibility with the cases brought before that special court.”
He said a preparatory judge of no less than a judge of first instance will join the court. He shall exercise his powers stipulated in the Civil Procedures Law, its regulations and their amendments.
He noted that the period of writing a legal opinion for a preparation judge is 30 days according to the court establishment decision.
Meanwhile, Judge Mohammed Al Shamsi, president of the Inheritance Court, said the establishment of the court is a milestone in the development of the judicial system in the Emirate of Dubai.
Judge Al Shamsi said the jurisdiction of court begins from the date of the issuance of the assignment decision by the Personal Status Court. The court undertakes the case till the completion of the procedures for managing the deceased’s money until it is divided among the heirs according to the legal shares.
The new court is tasked with the settlement of inheritance lawsuits, which include inventory listing disputes, liquidation or division of inheritance among heirs, and civil, real estate, commercial and other lawsuits arising from inheritance disputes, he said.
The relevant heirs and non-heirs benefit from these services the details of which can be obtained through the Dubai Courts website, where pre-registration is required.
All documents related to the services should be submitted online with Arabic legal translation. If they are issued outside the country, they must be attested by the official authorities, including the Ministry of Foreign Affairs in the country concerned, the UAE Embassy in that country, and the Ministry of Foreign Affairs and International Cooperation in the UAE.
Judge Al Shamsi clarified that the final judgement from the court is not subject to appeal except through a petition for reconsideration. A request may be submitted to withdraw it in specific cases stipulated for in the Civil Procedures Law.
Judge Al Shamsi stressed that establishing the Inheritance Court would serve to achieve excellence in the work of the Dubai Courts, and the court will have a significant positive impact on the litigants represented in simplifying and accelerating the litigation procedures.