When an individual passes away in the UAE, their family members, especially those residing outside the UAE, often find themselves in the midst of complex legal and procedural hurdles. Bank accounts are frozen almost immediately, property transfers stall, and lengthy inheritance distribution protocols come into the picture, requiring multiple appearances in the courts and other government bodies. For legal heirs residing outside the borders of the UAE, attending to these matters becomes close to impossible owing to the distance and location.
This is where a Power of Attorney in Dubai becomes an invaluable possession. A Power of Attorney is a legal means by which a non-resident heir can entrust a representative to manage all inheritance-related matters in the UAE on their behalf. This representative is usually a relative, a lawyer, or an expert in inheritance planning.
Understanding Inheritance POAs in the UAE Context
Under the purview of UAE law, all legal proceedings related to inheritance must follow the regulations already set by the UAE Courts. Irrespective of whether an individual is a Muslim or non-Muslim expat, when they pass away, all assets are frozen until the courts issue a succession order or inheritance certificate. The process of obtaining a succession order can involve attending numerous court hearings, furnishing multiple documents, and coordinating with various departments like the Personal Status Court, the Abu Dhabi Judicial Department (ADJD), the UAE Ministry of Justice, and the Dubai Courts.
For legal heirs residing outside the UAE, the challenges are two-fold: Both logistical and procedural. In most cases, UAE Courts require physical representation of respondents to inheritance claims. However, under Article 55 of the UAE Civil Procedure Law, full authority can be granted to a representative to act on behalf of another person and take legal actions on their behalf, provided there is a legally notarized Power of Attorney. What this law essentially does is enable legal heirs residing outside the UAE to appoint a trusted individual of their choice in the UAE, without the necessity to be physically present at the location.
Steps for Non-Resident Legal Heirs to Execute a UAE Power of Attorney
There are 4 steps for a legal heir residing abroad to create a Power of Attorney in Dubai or any other emirate, without having to visit the UAE.
Drafting of the POA: The POA document must clearly stipulate the powers being granted and identify both the principal (the heir) and the agent (representative). Commissioning the services of a UAE-based POA firm will help ensure compliance with the local legal terminology.
Home Country Notarization: Once the POA is drafted, the legal heir signs it in the presence of a licensed Notary Public. This is usually done in the country of domicile of the legal heir.
Attestation and Legalization: The notarized POA document is then subject to attestation by the Foreign Affairs Office and the UAE embassy in the home country or any country of origin, and subsequently legalized by the UAE Ministry of Foreign Affairs (MOFA) once the document reaches the UAE.
Translation to Arabic: Before submission to any UAE court, it needs to be translated into Arabic by a certified legal translator. The document is also required to be certified by the UAE Ministry of Justice to verify the translation and the translator.
Upon the successful completion of these steps, a POA becomes fully enforceable within the UAE.
How Expert POA Drafting Matters
The UAE places a heavy emphasis on precision in legal matters to ensure and maintain high levels of legal standards. Even a minor error in the wording of a POA document can render the whole document ineffective. Working with a professional POA drafting service like JustPOA provides assurance of peace of mind.
JustPOA is a leading Power of Attorney Specialist in the UAE, known for its legal accuracy and expertise in cross-border POA documentation. With JustPOA’s expertise, clients can be assured of legally compliant POAs, end-to-end support for POA notarization, and reliable remote service options.
Even though managing a loved one’s estate can be overwhelming, especially if you are an heir residing outside of the UAE, a Power of Attorney can make matters easier for you. Consult the experts at JustPOA, who can handle everything from drafting the POA to legalization with expert precision.
FAQs
What are the documents required for a non-resident heir to use a Power of Attorney in the UAE?
Non-resident heirs need a valid passport copy, proof of relationship with the deceased (birth or marriage certificate), and the attested POA. The POA needs to be notarized in the heir’s home country.
Can a single POA cover multiple heirs residing outside the UAE?
Yes, there is a provision for multiple heirs to issue a joint POA that authorizes the same representative to operate on their behalf. However, this can be considered only when each heir signs and notarizes the document individually.
How long is a POA valid for legal heirs who live abroad?
A POA remains valid until the specific purpose (such as completion of the inheritance process) is fulfilled or until the POA is revoked by the principal in writing.
