he Probate Court
The Probate Court was established by the Decree of His Highness the Ruler of Dubai, No. 25 of 2023, issued on June 14, 2023. The Probate Court replaced the Special Probate Court, previously established by Resolution No. 6 of 2022, dated April 15, 2022, issued by His Highness Sheikh Maktoum bin Mohammed bin Rashid Al Maktoum, Deputy Ruler of Dubai and Chairman of the Judicial Council.

The Inception

• On February 26, 2018, the Director General of Dubai Courts launched the “c3 Court” platform during the UAE Innovation Week 2018. The idea was to pioneer the world’s first court of this concept, which condenses the three stages of litigation into one circle rendering final judgments that are immediately enforceable, employing groundbreaking and streamlined methodologies that expedite the legal proceedings timeline
• The federal statute embraced this initiative, weaving it into the fabric of the Civil Procedure Law and its governing regulations. This integration was done in harmony with their most recent amendments, giving it the moniker “Special Courts”. It empowers both federal and local judicial bodies to promulgate the suitable resolution concerning the orchestration of this Court’s operations.
• In adherence to the directives of His Highness Sheikh Maktoum bin Mohammed bin Rashid Al Maktoum, Deputy Ruler of Dubai and Chairman of the Judicial Council, a draft resolution has been crafted to organize the operations of these courts, commencing with probate lawsuits.
  Immediately upon receipt, all relevant entities, under the supervision of the General Secretariat of the Judicial Council and the Dubai Courts, Initiated the implementation of His Highness’s directives until the decision to establish them was issued.
• The enforcement of the Federal Decree No. 42 of 2023 pertaining to the Civil Procedure Law was set into motion on January 2, 2023. In tandem with the federal legislative amendment, the concerned authorities, under the aegis of the General Secretariat of the Judicial Council, embarked on the preparation of a new draft law for the Court. This was issued pursuant to the Decree of His Highness the Ruler in question. The Probate Court inaugurated its operations under its novel jurisdiction from the date of the Decree’s promulgation in the Official Gazette, commencing at the outset of July 2023.

Objectives

1. upholding and safeguarding social and family connections from disputes that might emerge due to probate.
2. Amalgamating lawsuits and petitions associated with the probate or emanating from it before a singular judicial body, rather than dispersing them among multiple judicial entities due to the enforcement of jurisdictional regulations.
3. Condensing the litigation processes to operate on two degrees as opposed to three..
4. Expediting the adjudication of probate lawsuits without compromising the requirements of substantive justice. 
5.  Forming a specialized judicial body for probate lawsuits, proficient in adjudicating them and any ensuing disputes and requests.
6. Augmenting procedural adaptability in probate lawsuits, which necessitate inventive judicial solutions.
   
   

Rulings

• The rulings of the major circuit of first instance are final and can be appealed before the appellate circuit in the court..
• The rulings of the appellate circuit are conclusive and immune to appeal before the Court of Cassation, thereby abbreviating the litigation proceedings.
• The rulings issued by the two circuits can be contested through  a petition for reconsideration, in line with the conditions prescribed by law.
• The rulings issued by the Court are executed in accordance with the methods employed for the enforcement of rulings in the courts.
  
  

Formation

• Judicial Circuits: 
• Circuits of Preparatory Judges: The Circuits of Preparatory Judges are partial circuits. Each circuit is presided over by a preparatory judge who exercises all the authorities and duties assigned to the supervising judge and the lawsuit manager under Federal Decree-Law No. (42) of 2022 Enacting the Civil Procedures Law. This encompasses responsibilities and jurisdictions related to the administration of the probate file as outlined under Federal Law No. (28) of 2005, as well as the legislation in effect in the Emirate.
• Major Circuit of First Instance:  The circuit is constituted of three judges, with consideration given to the diversity of the circuit’s jurisdiction based on the nature of the dispute at hand. 
• Appeal Circuit: It consists of three judges, with the assembly cognizant  of the diversity of the judges’ expertise, in accordance with the probate lawsuits and common property division cases brought before the court.

Guarantees of Dispensation of Justice

• The disputing parties are granted legal counsel upon the registration of the lawsuit before the Court by the preparatory judge who offers a settlement, whether in the probate file prior to the lawsuit registration, and presents solutions for it and advisory assistance through the settlements department he oversees. This saves them the trouble of litigation, the expense of fees, and contentment with alternative solutions after unveiling the nature of the dispute among them. Furthermore, he is permitted to refer the probate lawsuits that have been registered to the settlements department if he deems there is a benefit in doing so.
• The parties are afforded access to alternative dispute resolution services like conciliation, settlement, and mediation during the stage of lawsuit preparation.
• The opinion of the preparatory judge does not bind the judicial circuit. Hence, any party steadfast in seeking litigation before the major judicial circuits can be confident that the preparatory judge’s opinion bears no impact on the lawsuit’s rulings.
• A petition for reconsideration may be submitted in accordance with the circumstances prescribed by law.