Dubai Court establishes the first inheritance department for non-Muslims and the implementation of their wills

Gulf Today, Staff Reporter

Dubai: The Dubai Courts has announced the establishment of the first inheritance department for non-Muslims and the implementation of their wills. The move aligns with the significant development achieved by the Emirate of Dubai in respecting cultural diversity and our vision of establishing an integrated and advanced service system, which meets the asirations of the community. Judge Mohammed Jassim Al Shamsi, Head of the Inheritance Court in Dubai Courts stated the decision comes under the directives and in fulfillment of vision of His Highness Sheikh Mohammed Bin Rashid Al Maktoum, Vice President and Prime Minister of the UAE and Ruler of Dubai to provide hassle-free procedures for customers.

“This enables non-Muslims to prepare and execute their wills according to clear legislation, ensuring the effective and simplified application of their own laws,” Al Shamsi added. He pointed out that the Department will be concerned with organizing cases related to inheritance for non-Muslims, according to specific conditions and controls, where the file on inheritance is opened at the request of one of the heirs, legatee or one of the concerned parties. Al Shamsi also stressed the need to provide the necessary documents to open the file for the estate according to the customer's request and the documents available to him/her.

Previously, His Highness Sheikh Mohammed bin Rashid Al Maktoum, UAE Vice President and Prime Minister, in his capacity as Ruler of Dubai, issued Law No. (15) of 2017 regulating inheritance, wills and probate for non-Muslims. The Law, which is applicable to the wills and assets of non-Muslims based in Dubai including the Dubai International Financial Centre (DIFC), creates a clear legal framework for non-Muslims to create wills, ccording to their wishes. It also outlines clear legal procedures that will encourage residents to register their wills and manage their assets in Dubai, thereby creating increased confidence in Dubai’s investment landscape.

The Law facilitates the creation of a ‘Non-Muslim Wills and Probate Registry’ in both Dubai Courts and DIFC Courts. The heads of Dubai Courts and DIFC Courts are authorised to develop the regulations, policies and procedures for the Registry. The Law prescribes the legal requirements for wills and probate for non-Muslims, the liabilities and obligations of the beneficiaries of wills, the responsibilities and limitations of will executors, the regulations governing inheritance and the distribution and management of the estate as well as appeal procedures. Disputes arising from wills and probate for non-Muslims will be adjudicated by Dubai Courts or DIFC Courts, depending on the place where the wills are registered.