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Dubai Courts hold a press conference to reveal the details of the "Inheritance Court" 

26 Aug 2022


​Dubai Courts hold a press conference to reveal the details of the Inheritance Court ....Dubai Courts held a press conference to reveal the details of the Inheritance Court in Dubai Courts, which was established based on the directives of His Highness Sheikh Mohammed bin Rashid Al Maktoum, Vice President, Prime Minister of the UAE and Ruler of Dubai (may Allah protect him) and according to a decision made by 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, to establish the Inheritance Court, to consider all inheritance claims and cases before one judiciary body and according to a specific time frame, regarding the development of the judicial system by providing inheritance services individually and independently, in light of keeping pace with the qualitative shifts in the quality of judicial services provided to clients and the entire community, to be leading and distinguished courts globally.. . The conference was chaired by His Excellency Tarish Eid Al-Mansoori, Director General of Dubai Courts, His Excellency Judge Mohammed Jassim Al Shamsi, President of the Inheritance Court. . .During the conference, His Excellency Tarish Eid Al-Mansoori, Director General of Dubai Courts, 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 and Ruler of Dubai - and by a decision of 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, in order to collect the cases and requests related to or arising from inheritances in one case before one judicial authority, noting that the period of writing a legal opinion for a preparation judge is 30 days according to the court establishment decision, and the new court has the jurisdiction to decide on inheritance cases, i.e. 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 an heir, wills, or settlement between the heirs in gifts, arising or indivisibly related to them. 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 specialized courts that refer cases among them and the complications that may result from them due to the diversity of points of view between different bodies of various and varied instances, as part of the continuous development process of the judicial system in Dubai and the quest to make its litigation system the best in the world, and make it a new judicial source that contributes to enhancing social and economic stability in the emirate.. .His Excellency Tarish Al-Mansoori indicated that the Inheritance Court consists of one 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, and the diversity of their specializations is considered to ensure compatibility with the cases brought before that special court. A preparatory judge of no less than a first instance judge will join the court, who shall exercise his powers stipulated in the Civil Procedures Law, its regulations and their amendments.. .His Excellency indicated that the goal of establishing the Inheritance Court is to consider all cases and requests for inheritance before one judicial authority and according to a specific time frame, and it falls within the Dubai Courts, to achieve a number of goals, including preserving social and family ties and protecting them from litigation when considering inheritance cases, and shortening the litigation procedures to be in one stage instead of several stages while maintaining the requirements for reviewing judicial rulings and their accuracy, as well as achieving the speedy settlement of inheritance cases without prejudice to the requirements of prompt justice, and with legal guarantees. The court also aims to establish a judiciary that combines the various jurisdictions related to the inheritance case, which will be able to adjudicate it, and the cases arising from it in the cases that fall within its jurisdiction, in addition to achieving procedural flexibility in inheritance cases, which may require innovative legal solutions to end them.. .On this occasion, the Director General of Dubai Courts added that the Department is constantly working to develop its services and improve the methods of work used to provide the best services that comply with the highest international standards within the framework of its vision and strategy to simplify the procedures for obtaining court services and make a qualitative leap and tangible progress in the level of services provided to customers.. . .On his part, His Excellency Judge Mohammed Al Shamsi, President of the Inheritance Court, said that today we are facing a milestone and a living witness to the development of the judicial system in the Emirate of Dubai, due to the efforts we are witnessing to speed up the judicial implementation process, through plans and strategies that support the vision of the wise leadership to achieve prompt justice. Upgrading the quality of services provided to facilitate litigation procedures to become smooth and fast. .During the conference, His Excellency Judge Mohammed Al Shamsi also referred to the jurisdiction of the court regarding inheritance and the services provided therein, as its jurisdiction begins from the date of the issuance of the assignment decision by the Personal Status Court, where it undertakes, starting from this date, the completion of the procedures for managing the deceased's money until it is divided among the heirs according to the legal shares and the completion of the work of the deceased liquidation and adjudication of every dispute related to the inventory list, liquidation of the estate, or the division of its funds among the heirs, and includes any civil, real estate or commercial case arising from the estate between heirs or between heirs and third parties, as well as any incidental requests related to the entry of an heir, wills, or settlement between heirs in gifts, arising or indivisibly related to them.. .The President of the Inheritance Court also clarified that the inheritance services in the court branch out in their independence individually, as each of them falls within one unit in terms of sole jurisdiction and its own conditions and fees charged for such service, including private inheritance case - personal status, private inheritance case - real estate, a private inheritance case - civil, and a private-commercial inheritance case. These inheritance services also allow litigants to obtain a package of personal status litigation services related to the inheritance file, such as registration of (cases related to the entry and removal of an heir, proving the will and its denial, etc.), and the competence relating to a private inheritance personal status case in every personal status case lies in the inheritance file in which the decision of referral was issued by the inheritance judge in the Personal Status Court to the Inheritance Court. The relevant heirs and non-heirs benefit from these services so that they can obtain them through the Dubai Courts website, where pre-registration is required, and the centers for providing government services.. .These services also require the issuance of some unified documents and documents, which include uploading the statement of claim and the docket of documents that include (supporting documents) electronically and uploading the decision of the preparation judge authorizing the registration of a claim in PDF format. It requires that all documents should be in soft copy and PDF format) and should be translated into Arabic, a legal translation approved by the Ministry of Justice in the UAE. If they are issued outside the country, they must be attested by the official authorities, including the Ministry of Foreign Affairs in the concerned country, the UAE Embassy in the concerned country, and the Ministry of Foreign Affairs and International Cooperation in the United Arab Emirates. . .His Excellency explained the progress of the customer's journey in these services in similar steps, starting from the issuance of the decision of the preparation judge to authorize the registration of a personal status case, specifying the subject matter of the case and including the legal opinion, and then registering the case, and appearing before the case manager, then the customer must attend the sessions before the case office manager, and then attending the hearings before the judicial body after a decision is issued by the case manager to refer the case to the competent judicial Department, and finally the issuance of the judgment that results in the issuance of a final judgment covered by prompt enforcement. The services also include fees that vary depending on the type of inheritance service or case. . . Al Shamsi added that private inheritance personal status cases are under the jurisdiction of the Inheritance Court, which is the personal status case related to the inheritance file, in which a final judgment is issued, covered by prompt enforcement, and is not subject to appeal except through a petition for reconsideration, and a request may be submitted to withdraw it in specific cases stipulated for in the Civil Procedures Law. As for any personal inheritance case - real estate, it is a real estate case relating to the inheritance file and in which a final judgment is rendered, covered by prompt enforcement, that cannot be appealed against except through a petition for reconsideration, and a request may be submitted to withdraw it in specific cases stipulated for in the Civil Procedures Law, where its jurisdiction lies in each real estate case related to the inheritance file in which the decision of referral was issued by the inheritance judge in the Personal Status Court to the Inheritance Court.. .His Excellency Judge Mohammed Al Shamsi added, continuing his speech, that the Inheritance Court's jurisdiction also covers the service of a private-civil estate case, which is the civil case related to the inheritance file and in which a final judgment is rendered under prompt enforcement and is not subject to appeal except through a petition for reconsideration, and a request may be submitted to withdraw it in specific cases stipulated for in the Civil Procedures Law, which has jurisdiction over each civil case related to the inheritance file in which the decision of referral was issued by the inheritance judge in the Personal Status Court to the Inheritance Court. For a private commercial inheritance service case, which is one of the inheritance services provided by the Inheritance Court, which is the commercial case related to the file of the inheritance and in which a final judgment is rendered under the prompt enforcement and is not subject to appeal except through a petition for reconsideration, and a request may be submitted to withdraw it in specific cases stipulated for in the Civil Procedures Law so that each commercial case in it is related to the inheritance file in which the decision of referral was issued by the inheritance judge in the Personal Status Court to the Inheritance Court, and His Excellency indicated that there is a difference in the fee of the Personal Status case.. .Al Shamsi stressed that establishing the Inheritance Court would serve to achieve leadership 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.. ...