Statement of Claim for Estate Partition in the UAE Heirs must divide the inheritance through full agreement among themselves and according to the provisions of the UAE Personal Status Law. In case of disagreement, any heir can file a Statement of Claim for Estate Partition in the UAE before the competent court.

Statement of Claim for Estate Partition in the UAE

A Statement of Claim for Estate Partition in the UAE is the pleading document submitted by one of the heirs demanding the division of the inheritance between themselves and the rightful heirs after the death of the deceased.

The Emirate of Dubai issued Decree No. 25 of 2023 establishing the Estates Court in the Emirate.

The creation of this court is a significant legislative measure, as it shortens litigation procedures for estate partition claims and ensures their speedy resolution, instead of having them distributed across multiple judicial bodies due to the application of specialized subject matter and territorial jurisdiction rules.

This specialized court consists of First Instance and Appeal Circuits, with litigation proceeding through two levels. Heirs must submit the request for estate division to the administration of the Estates Court.

The Dubai Estates Court Law introduced a new role, the Preparatory Judge, whose responsibilities regarding the Statement of Claim for Estate Partition in the UAE include the following:

1. The Preparatory Judge reviews requests for inheritance division.
2. The Preparatory Judge opens and manages the estate file until it is divided among the heirs or referred to the competent circuit.
3. The Preparatory Judge inventories and liquidates the inheritance, then presents, proposes, and finalizes the settlement and partition among the legal beneficiaries.
4. The Preparatory Judge appoints a guardian over the inheritance, upon the request of the heirs or on their own initiative.
5. The Preparatory Judge prepares estate lawsuits before presenting them to the court.

With the help of a specialized lawyer, such as Samaha Legal Consultants Office, regarding the Statement of Claim for Estate Partition in the UAE, you can understand the Preparatory Judge’s legal tasks and the subsequent legal details to secure your rightful share in the inheritance division.

When to File a Statement of Claim for Estate Partition?

A Statement of Claim for Estate Partition in the UAE can be filed after meeting the following conditions:

1. The deceased (the ancestor) must have died in reality or by judicial decree.

2. The heir must meet the conditions for inheritance (i.e., not be legally prevented from inheriting).

3. One of the legal heirs must file the claim.

4. The filer must attach an inventory of the inheritance and a listing of the legal heirs by providing data extracted from the civil registries showing their kinship and that they are actual heirs. Contacting Samaha Legal Consultants Office helps you complete these procedures in the appropriate legal manner.

5. The claimant must meet the general conditions for a claim when filing, which are Standing (Al-Sifah), Capacity (Al-Ahliyyah), and Interest (Al-Maṣlaḥah).

6. The claimant must file the claim with the competent judge in the Estates Court in Dubai, known as the Preparatory Judge.

What are the Essential Elements of a Statement of Claim for Estate Partition in the UAE?

There are essential elements that must be mentioned in the Statement of Claim for Estate Partition in the UAE, which are:

1. The details of the Plaintiff in the claim. If they are acting as a representative for some heirs, such as a specialized lawyer like Samaha Legal Consultants Office, they must present their power of attorney.
2. The details of the Defendants in the claim, who are the heirs refusing the partition.
3. The subject matter of the lawsuit, which is the demand for the partition of the inheritance.
4. The facts of the lawsuit, which include a full explanation of the heirs’ right to the inheritance and the necessity of its partition among them.
5. Attaching the required documents, which include the deceased’s death certificate, an inventory of the inheritance, and a listing of the rightful heirs.
6. Listing the Plaintiff’s demands (relief sought).

7. The Plaintiff or their legal representative (e.g., Samaha Legal Consultants Office) must sign the claim and include the date they drafted it.

What are the Steps for Filing a Statement of Claim for Estate Partition in the UAE?

The steps for filing a Statement of Claim for Estate Partition in the UAE, specifically in the Emirate of Dubai according to Decree No. 25 of 2023 concerning the Dubai Estates Court Law, are as follows:

1. The Preparatory Judge receives the claim.
2. The Preparatory Judge reviews the request, opens an inheritance file, and ensures that all heirs are inventoried.
3. The Preparatory Judge proposes a settlement to the parties of the claim. If they agree, he/she draws up a settlement agreement and all parties sign it.
4. The Preparatory Judge must certify and authenticate the settlement agreement, which grants it the force of an enforceable deed. Each party receives a copy, and the court retains a copy.
5. If the parties cannot reach a settlement, the Preparatory Judge must issue a decision stating the failure of the settlement and clarifying the legal classification of the disputed case.
6. The concerned parties must, within one month from the date of the Preparatory Judge’s decision of no settlement, file the Statement of Claim for Estate Partition before the court in its complete legal form. The assistance of a specialized lawyer like Samaha Legal Consultants Office helps them complete these procedures correctly.
7. If the one-month period expires without the parties filing the lawsuit, the Preparatory Judge may take appropriate action, such as issuing a decision to close the inheritance file. This decision does not prevent the re-filing of the lawsuit later.
8. If the concerned parties file the lawsuit before the court, the Preparatory Judge will set a session for the parties to appear before the First Instance Court within a period not exceeding 45 days from the date of filing.
9. The competent First Instance Circuit of the Estates Court will hear the case and issue a decision that is appealable before the Appeal Circuit.

Who Files the Statement of Claim for Estate Partition in the UAE

The Statement of Claim for Estate Partition in the UAE must be filed by one of the heirs or their legal representative, such as Samaha Legal Consultants Office, to meet the condition of Standing in the lawsuit; otherwise, the claim will be dismissed. Contact Us.