Transfer of the service of registering inheritance files for minor heirs from Awqaf Dubai and Community Development Authority to the Probate Court

Dubai Courts announced the transfer of the service of registering inheritance files for minor heirs from Awqaf Dubai and Community Development Authority to the Probate Court in Dubai.

His Excellency Judge Mohammed Jassim Al-Shamsi, President of the Probate Court in Dubai, affirmed that the new decision allows a request from one of the heirs or the Awqaf institution and the Guardianship and Minors' Assets Administration to open an inheritance file for all citizens and residents in the Emirate, even if one of the heirs is a minor or lacks eligibility.

Al-Shamsi stated that parties related to the heirs and the Awqaf institution, upon request (creditors/recommended individuals/trustees/guardians/evaluators/absent or missing person agents/judicial agents/will executors/government entities), may request the opening of an inheritance file, provided that a detailed memorandum stating the reasons is attached to the request. The file is opened after a decision is issued by the court president approving it.

Al-Shamsi emphasized the necessity for administrative units, law firms, and service centers in the Emirate to comply with the new decision when registering inheritance files, according to a set of conditions that oblige the applicant to write the names of the heirs and their personal phone numbers as mandatory fields in the file opening application. In case the applicant does not know the phone number of any of them, the residence address, workplace address, or email address must be written, along with payment of the notification fee in accordance with the procedures followed in the courts.

Al-Shamsi revealed that, according to the new Decision No. 2 of 2023, the Awqaf institution, the Guardianship and Minors' Assets Administration, and the Community Development Authority are automatically added as parties to the file. An electronic notification is sent to both parties, including the file number. Additional parties related to the file are added upon request if their status is proven by a judgment, decision, or official document.

It is worth mentioning that the Probate Court was established by Decree No. 25/2023 issued by His Highness the Ruler - may God protect him - published in the Official Gazette on July 4, 2023, replacing the Special Probate Court, which was established by Decision No. 6 of 2022 issued by His Highness Sheikh Maktoum bin Mohammed bin Rashid Al Maktoum, Deputy Ruler of Dubai and President of the Judicial Council, with the aim of preserving social and family ties and protecting them from disputes arising from inheritances, as well as consolidating claims and requests related to the inheritance or arising from it into a single lawsuit before a single judicial authority instead of distributing them among multiple judicial authorities due to jurisdiction, streamlining litigation procedures. One of the most significant provisions of the decree was the establishment of the Appeals Court to review judgments issued by the first instance division in the court. The jurisdiction of the court was also expanded to include resolving disputes between heirs regarding residential properties and common ownership lawsuits among heirs, as well as the transfer of jurisdiction of the Personal Status Court to issue inheritance allocation certificates and handle all types of inheritance disputes, will execution, and management of inheritance files to the Probate Court.