Understanding Probate & Inheritance in the UAE

When someone passes away in the UAE, their estate cannot be accessed or transferred without a formal court process. Even bank accounts, jointly held property, company shares, and vehicles remain frozen until a probate order, succession certificate, or inheritance judgment is issued. The procedures differ between the DIFC, ADJD, and Dubai Courts, making professional guidance essential.

ATB Legal works closely with families to streamline the entire lifecycle of estate administration, from filing initial applications to coordinating financial releases and legal transfers. Our empathetic and detail-oriented approach allows clients to focus on healing while we manage the legal work.

Our Probate, Inheritance & Succession Services

1. Probate Applications Across All Jurisdictions

We prepare and file probate applications before:

• DIFC Courts (for registered DIFC Wills)
• Abu Dhabi Judicial Department (ADJD)
• Dubai Courts

Our team ensures the petition, affidavits, supporting documents, translations, and witness statements meet all formal requirements to avoid delays.

2. Estate Administration & Asset Distribution

Once the court issues its order, we manage:

• liquidation and transfer of UAE real estate
• release of bank accounts and safety deposit boxes
• transfer of investments, vehicles, insurance proceeds, and corporate shares
• coordination with land departments, banks, and government authorities

We ensure each beneficiary receives their entitlement in accordance with the Will, succession law, or court judgment.

3. Succession Analysis & Cross-Border Planning

Families often hold assets in multiple jurisdictions. We provide:

• conflict-of-law analysis
• guidance on interaction between UAE civil law, Sharia-based rules, and foreign inheritance laws
• strategies to harmonise global succession arrangements
• POA structuring for overseas heirs
• preparation of notarised settlement agreements

This helps avoid contradictory rulings and ensures efficient multinational estate administration.

4. Child Custody, Guardianship & Relocation Cases

Inheritance and custody issues often overlap, especially where a surviving parent or guardian needs official recognition. We assist with:

• guardianship applications following a parent’s death
• custody disputes and parenting plans
• travel permissions and relocation requests
• representation before Family Guidance Centres and courts

Our approach prioritises the best interests of the child while ensuring families receive strategic legal protection.

5. Settlement, Mediation & Dispute Avoidance

Many probate and inheritance matters can be resolved amicably. ATB Legal mediates between heirs, drafts settlement agreements, and helps families avoid lengthy litigation. When disputes are unavoidable, our litigation team represents clients with sensitivity and precision.

Why Families Need Professional Probate Support

• Procedural complexity: Each court has its own rules and documentation standards.
• Frozen assets: Banks and authorities will not release assets without a court order.
• Guardianship needs: Minor children cannot legally travel or change residence without proper guardianship documentation.
• Cross-border complications: Heirs living abroad or assets across countries require coordinated filings.
• Timing: Delays can impact business operations, rental income, property ownership, and access to essential funds.

ATB Legal ensures accuracy, efficiency, and a humane approach throughout.

Our Process

1. Initial Review – Analysing the Will, family structure, and asset profile.
2. Document Preparation – Drafting applications, affidavits, and supporting materials.
3. Court Filing – Submissions before DIFC/ADJD/Dubai Courts.
4. Hearings & Order Issuance – Representation until grant/decision is obtained.
5. Execution & Distribution – Completing financial transfers, title changes, and estate closure.