A Decree Expanding Jurisdiction and Improving Probate Court Proceedings is Issued in Dubai

01 July 2023

Ajmal Khan

Decree No. 25 of 2023, makes substantial modifications to the legislative framework governing Probate Courts in the Emirate of Dubai.


Expansion of Probate Court's Jurisdiction:
The most notable amendment introduced by Decree No. 25 is the expansion of the Probate Court's jurisdiction to encompass disputes related to the distribution of co-owned real estate and movable assets within a deceased person's estate.

Exclusive Jurisdiction in Probate Cases:
The Probate Court has exclusive jurisdiction under the decree to hear all claims and requests relating to probate litigation. The new decree has removed limit of AED 500,000 for claims that fall under the Probate Court's purview, in contrast to the previous decree that did so.

Exclusion to Jurisdiction:
The Probate Court expressly disclaims jurisdiction over criminal and labor-related actions involving inheritance and probate issues, as well as disagreements between shareholders of businesses whose ownership is transferred to the heirs.

Right to Appeal:
Parties now have the ability to appeal preliminary judge judgements to the First Instance Court. They have five working days following the announcement of the order or decision to file their Appeal with the Court of First Instance. Furthermore, the decree establishes the ability to appeal decisions issued by the Probate Court of First Instance. The Court of Appeal will hear these appeals, affording an opportunity for reconsideration.

Emphasis on Execution Procedures:
The Probate Court judgements be implemented in line with the procedures of the execution court. This involves serving judgements in absentia, notifying execution writs, and allowing parties to object to and appeal execution judge rulings during the execution process. Previously, executions were carried out without a summons, and parties had few options for contesting or appealing these rulings.

Sources for Judgement:
The decree specifies the Probate Court's decisions must be based on Islamic Sharia laws, rules governing justice, rights, and equity, as well as local and federal laws that apply to the Emirate, unless they conflict with local or federal laws, public morals, or public order. The probate judge's discretion is increased by this clause to guarantee fair and just results.

Ongoing Case Transition:
Except for cases reserved for judgement, Decree No. 25 requires that all ongoing cases falling within the increased jurisdiction of the Probate Courts be transferred to the newly created Probate Courts.

The issuance of Decree No. 25 of 2023 by His Highness Sheikh Mohammed Bin Rashid Al Maktoum reflects the commitment of Dubai's leadership to refine the legal framework surrounding Probate Courts. The expanded jurisdiction, enhanced procedural rights, and emphasis on execution procedures demonstrate a concerted effort to ensure fairness, efficiency, and access to justice in probate matters. This decree marks a significant step towards strengthening the legal system and enhancing the probate process in the Emirate of Dubai.