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Maktoum bin Mohammed launches a special inheritance court within the Dubai Courts

18 Apr 2022


Maktoum bin Mohammed launches a special inheritance court within the Dubai Courts


His Highness 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, launched a special inheritance court, to consider inheritance claims and requests before one judicial body, according to a specific time frame, and it falls within the Dubai Courts..His Highness stressed that this step comes within the framework of the directives of His Highness Sheikh Mohammed bin Rashid Al Maktoum, Vice President and Prime Minister of the UAE and Ruler of Dubai. It also comes in the context of the continuous modernization process of the qualitative judicial system in Dubai, and efforts to make its litigation system the best in the world. His Highness noted the impact of the new inheritance court as a new judicial tributary that contributes to enhancing social and economic stability in the emirate. The inheritance court consists of one degree and includes one or more circuits. The circuit is headed by a cassation judge, with the membership of an appellate judge and a judge of first instance, and the diversity of their specializations is taken into account to ensure compatibility with the cases before the Special Court..A preparatory judge shall be attached to the court with a rank of no less than a first instance judge, who shall carry out his competencies stipulated in the Civil Procedures Law and its regulations and their amendments. Court, and in the presence of strong reasons calling for it..The new court shall have jurisdiction to settle every dispute related to the inventory list, liquidation of the estate, the division of its funds among the heirs, any civil, real estate, or commercial lawsuit arising from the estate, or any incidental requests related to the expulsion or entry of an heir, wills, or a settlement between The heirs in the gifts, which are indivisible or arising out of or linked to them..The rulings of the inheritance court will be final, covered by expedited enforcement, and not subject to appeal by ordinary means, except that it may be appealed through a petition for reconsideration, and in the event of invalidity of a reason related to the announcement of the statement of claim..The court may also retract its rulings in accordance with the controls and procedures stipulated in the Civil Procedures Law and its amendments..The inheritance court will work to achieve speed with updated legal guarantees to settle the entire estate lawsuit, and its civil, real estate and commercial cases, in front of one central authority, thus cutting off the hurdles, procrastination and the length of the litigation. Thus, this court shortens the time wasted for litigation procedures between specialized courts that transfer cases between them, and the complications that may result from them due to the multiplicity of points of view between the various bodies and their various degrees..In addition to the main objective, which is to collect the lawsuits and requests related to the estate or arising from it in one lawsuit before one judicial body instead of distributing them to more than one party due to the rules of jurisdiction, the establishment of the inheritance court leads to the achievement of a number of objectives, including : Preserving links Social and family protection and protection from litigation when examining inheritance cases, and shortening the litigation procedures to be in one stage instead of several stages, while maintaining the requirements for reviewing judicial judgments and their accuracy, as well as achieving speedy settlement of inheritance cases, without prejudice to the requirements of prompt justice, and with legal guarantees..The court also aims to establish a comprehensive qualitative judiciary that brings together the various jurisdictions related to the inheritance case, and is able to adjudicate in it, and on the cases branching from it that fall within its jurisdiction, in addition to achieving procedural flexibility in inheritance cases, which may require innovative legal solutions to end them..Director General of Dubai Courts, Tarish Eid Al-Mansoori, said that the decision achieves the leadership of the Dubai International Courts, given that the Special Inheritance Court is the first specialized court of its kind, as it reduces the three degrees of litigation to one degree, and issues final judgments that can be implemented immediately with updated procedures that shorten the time of the case. And the court will have a significant positive impact on litigants, represented in simplifying and accelerating the litigation procedures, as part of the initiative launched by His Highness Sheikh Mohammed bin Rashid Al Maktoum, Vice President and Prime Minister of the UAE and Ruler of Dubai, (Dubai 10X), which came as part of presenting ideas outside The Fund, to advance government work and enhance the position of the state and the Emirate of Dubai globally..The Head of the First Instance Courts and Head of the Dubai Courts Team, Judge Muhammad Mubarak Al-Sabousi, who is in charge of the inheritance court project, stressed that the Dubai government has always adopted pioneering ideas and governed them with the latest legislative, judicial and technical capabilities, which we are constantly working on developing and finding effective application rules that embody the safe model for families and their wealth. And businessmen and capitals in a way that is in harmony with the requirements of the investment culture and the movement of markets locally and internationally, according to frameworks aimed at crystallizing the judicial services of the Dubai government, to reach a modern formula that increases the speed of dispute resolution and settlement in accordance with the requirements of prompt justice, while moving forward towards a sustainable economy, allowing companies Individuals have advanced lives and a prosperous future based on laws and a judiciary that preserves their rights to the fullest..The President of the Personal Status Court, Judge Khaled Al-Hosani, stated that the inheritance court is a unique model, creating a balance between achieving justice with the necessary guarantees and speed of litigation, with the diversity of judicial experiences in this court, especially since inheritance disputes are complex, and require several legal specializations in the same case. . He said that this court has placed under its umbrella the advantages of ordinary court litigation, and the advantages of judicial committees to achieve speedy justice, because justice in settling disputes alone is not sufficient, and speed alone is not sufficient, and they must be combined..A cassation judge specializing in inheritance and personal status, Judge Muhammad Al Shamsi, said that the Special Inheritance Court aims to resolve all single family disputes over the division of inheritance in one court..It also seeks to reunite first, and try to reach a consensual division between the heirs, bring their views closer about it, and enlighten them with the relevant rules of law. Without being bound by the rules of jurisdiction in a unique judicial direction adopted by the legislator in accordance with the provisions of Article (58) of the Regulations of the Civil Procedures Law..The Secretary-General of the Judicial Council of the Emirate of Dubai, Prof. Dr. Saif Ghanem Al-Suwaidi, stated that the establishment of the Special Court for Inheritance came in line with the directives of His Highness Sheikh Mohammed bin Rashid Al Maktoum and His Highness Sheikh Maktoum bin Mohammed bin Rashid Al Maktoum, to develop the judicial facility in the Emirate of Dubai in a manner that is appropriate With the rapid development witnessed in various fields..He added that the establishment of the inheritance court came after a study conducted by the work team of the reality of inheritance lawsuits in the emirate, where the numbers of these lawsuits were identified, their consideration and adjudication were extended, and standard comparisons were made with international best practices in this regard, in order to create an integrated system for lawsuits The inheritance, takes into account the interests of the heirs in the first place, and the stability of the legal transactions of the inheritances affecting the national economy, explaining that the work of the inheritance court will be based on specific indicators, and it will be constantly followed up by the Judicial Inspection Department in the Emirate of Dubai, to determine its achievements and improve its performance continuously..• The court aims to collect the lawsuits and requests related to the estates or arising from them in one lawsuit before one judicial body..• “The judgments of the court are final and subject to expedited enforcement and are not subject to appeal except through a petition for reconsideration.”.• “The step comes within the framework of the continuous development process of the qualitative judicial system in Dubai.”.• Preparation and processing of the case within 30 days from the date of its registration .. and adjudication within 12 months, and it is not permissible to extend its circulation except with the approval of the President of the Court.. ​.