Inheritance Lawyer in Dubai: A Guide To Recovering a Deceased Person’s Shares & Investment Funds

How can an inheritance lawyer in Dubai help heirs recover a deceased person’s shares, dividends and investment funds? When someone dies holding investments on a UAE stock exchange, the heirs may need court assistance to identify the portfolio, obtain information from the financial broker and arrange for available money to be transferred into the estate file.

The process usually involves obtaining an inheritance certificate, opening an estate file and submitting applications asking the court to contact the broker, stock exchange or securities depository. Where responses are delayed, further applications can request reminders, permission to deliver or collect correspondence by hand, or attendance by the responsible representative to explain the outstanding position.

This guide primarily concerns shares held through UAE markets, including Dubai Financial Market and Abu Dhabi Securities Exchange. The Dubai Inheritance Court procedures discussed below apply where that court has jurisdiction. Requirements may differ according to the market, custody arrangements and applicable succession framework.

How Can an Inheritance Lawyer in Dubai Help Recover Investment Assets?

Recovering investment assets involves more than establishing that the deceased owned shares. The heirs need to identify where the securities are recorded, who holds the associated cash and what authority is required to complete the transaction.

An inheritance lawyer in Dubai can assist with:

• Reviewing the inheritance certificate and other succession documents.
• Opening an estate file or reviewing an existing file.
• Preparing enquiries concerning shares, dividends and brokerage balances.
• Requesting orders for payment, sale or transfer, as appropriate.
• Following up on unanswered court correspondence.
• Addressing disputes that prevent collection or distribution.

The applications should distinguish between identifying assets, collecting existing money, selling securities and transferring shares to beneficiaries. Each request serves a different purpose.

What Is an Inheritance Certificate in Dubai?

An inheritance certificate, often referred to as an I’lam Shari or declaration of heirs, identifies the deceased’s lawful heirs and their respective shares under the applicable law.

Article 1140 of the Civil Transactions Law, issued by Federal Decree Law No. 25 of 2025, provides for the competent court to issue a certificate identifying the heirs and their inheritance shares upon an application by an heir or interested person. (Source: UAE Legislation portal.)

The certificate establishes entitlement. It does not, by itself, identify every investment account or authorise every transaction involving the deceased’s portfolio.

Documents to prepare generally include the death certificate, identification documents for the deceased and heirs, evidence of family relationships where required, and any relevant power of attorney. Documents issued abroad may require attestation and certified Arabic translation.

If a will exists, its status and the appropriate probate or execution documents must also be considered.

What Is an Estate File Before the Dubai Inheritance Court?

An estate file is the court file through which applications concerning the deceased’s assets, rights and liabilities are managed. It provides a formal route for requesting enquiries, preserving property, collecting funds and obtaining directions for distribution.

Under Article 9(c) of Dubai Decree No. 25 of 2023 establishing the Inheritance Court, the preparation judge has powers concerning the opening and management of estate files, inventory and liquidation. Article 10 provides for interested persons to submit estate applications and for the judge to issue appropriate orders. (Source: Dubai Legislation Portal.)

For a family seeking an inheritance lawyer in Dubai, an early priority is to establish whether an estate file already exists and whether the available succession documents are sufficient for the proposed applications.

Requesting Court Enquiries into UAE Shares and Brokerage Accounts

Once the estate file is in place, an application can ask the court to contact the financial broker, the relevant stock exchange or its securities depository.

The correct recipient depends on the information required. A broker may hold the trading account and cash balance, while the depository maintains securities ownership records. The court may therefore need to address more than one institution.

The enquiry application can request:

• The deceased’s investor number and account details.
• The names and quantities of securities held.
• Available cash balances and unsettled sale proceeds.
• Dividend entitlements and outstanding payments.
• Pledges, restrictions and liabilities affecting the portfolio.
• The documents and directions needed to complete the estate transaction.

Abu Dhabi Securities Exchange’s 2025 results reported that its listed companies distributed AED 74 billion in cash dividends, compared with AED 67 billion in 2024. These market-wide figures provide context for checking dividend balances alongside shareholdings; they do not establish the amount due to any particular estate.

Available brokerage statements, investor numbers, account references and identification details should accompany the application.

An inheritance lawyer in Dubai can help frame the enquiry so that the response covers the entire investment position rather than only a single account balance.

Transferring Investment Funds into the Estate File

Once money has been identified, a further application can request an order directing the relevant institution to transfer the available funds into the court account designated for the estate file.

The application should identify the institution, account or balance concerned and the estate payment reference. If the institution’s response identifies a missing document or technical requirement, the application should address it.

Article 1123 of the Civil Transactions Law permits protective measures for an estate, including court deposits where appropriate. Article 1127 addresses the appointed estate administrator’s responsibilities to preserve and administer assets and collect debts due to the estate. The particular transfer remains subject to the appropriate directions. (Source: UAE Legislation portal.)

Payment into the estate file brings the money under court administration. It does not automatically authorise its immediate release to individual heirs.

Must Inherited Shares Be Sold to Recover Their Value?

An order requesting information is different from an order authorising a sale.

Depending on the circumstances and the court’s directions, the estate may seek:

• Transfer of existing cash and dividend balances.
• An authorised sale followed by transfer of the net proceeds.
• Transfer of the shares themselves to the beneficiaries.

Shares should not automatically be treated as cash awaiting withdrawal. Their sale changes the estate’s investment position, while an inheritance transfer changes ownership.

Dubai CSD Rule 5.5.1 recognises transfers arising from inheritance, wills and court orders outside the ordinary trading mechanism. Article 59 of the Abu Dhabi CSD Rulebook similarly recognises inheritance and court ordered ownership transfers. These provisions show that inherited shares do not invariably have to be sold. (Source: Dubai CSD Rules.)

An inheritance lawyer in Dubai can help ensure that the requested order reflects whether the beneficiaries seek money or ownership of the securities.

What If the Financial Broker Does Not Respond?

If the broker, exchange or depository has not answered the court’s letter, a follow up application can be submitted within the estate file.

It should set out:

• The date and reference of the original court correspondence.
• Evidence of delivery, where available.
• Previous reminders and any responses.
• The information or payment still outstanding.
• Any specific reason requiring prompt attention.

The applicant can ask the court to repeat its communication, request a response within a period it considers appropriate or issue further directions.

An expedition application should explain the actual delay and its effect on estate administration. A lack of response may arise from missing information, internal processing or another obstacle that needs to be identified.

Can an Heir or Representative Deliver Court Correspondence by Hand?

Where communication difficulties continue, an application can ask the Dubai Inheritance Court to authorise a named heir or legal representative to deliver its letter by hand and, where permitted, collect the response.

The application should identify the institution, documents and proposed representative. Delivery should be evidenced through a stamped acknowledgement, receipt or another approved method.

Any response collected must be submitted to the estate file as directed.

Authority to deliver or collect documents does not automatically include authority to receive money. If collection of a cheque or other payment instrument is intended, this should be requested expressly, with directions for depositing it into the designated estate account.

These are practical requests for the judge’s consideration. Their approval and scope depend on the circumstances and the court’s procedures.

Can the Inheritance Court Summon the Responsible Representative?

If unanswered correspondence continues to obstruct the process, an application may request that the court require the responsible officer or authorised institutional representative to attend and explain the position.

The application can seek clarification of:

• Whether the court’s correspondence was received.
• Why the response or transfer remains outstanding.
• Whether documents, approvals or restrictions prevent completion.
• What steps are needed to resolve the matter.

The judge determines whether attendance, a written explanation or another measure is appropriate.

A related provision is Article 36 of Federal Decree Law No. 35 of 2022 on Evidence in Civil and Commercial Transactions. During proceedings, it permits the court or supervising judge to bring in a third party to require production of a document in its possession. Its separate provision concerning information from public entities should not automatically be applied to private brokers. (Source: UAE Legislation portal.)

Article 36 supports document production in the circumstances it covers. It should not be presented as an express rule automatically requiring a broker’s manager to attend whenever correspondence is delayed.

If a substantive dispute arises over ownership, liability or payment, further proceedings may be necessary.

Does This Procedure Apply to All Shares Held in the UAE?

The approach is primarily relevant to securities recorded through UAE exchanges, depositories and locally regulated brokers.

However, the application must identify the institution actually holding the securities, cash or records. The requirements can vary according to the market, account structure, restrictions and applicable probate framework.

Foreign securities held through an overseas institution may require additional procedures outside the UAE. A court order concerning a local account should not be assumed to complete every overseas step.

How Are Recovered Investment Funds Distributed?

After receipt of the money and consideration of the estate’s obligations, an application can be made for distribution according to the established entitlements.

Article 1139 of the Civil Transactions Law addresses the passing of the remaining estate to the heirs after its obligations have been fulfilled. Article 1141 concerns delivery of estate assets to the heirs. Collection and distribution are therefore separate stages. (Source: UAE Legislation portal.)

The distribution application should accurately reflect the beneficiaries, their entitlements and the court’s requirements for payment.

Related Links

• Inheritance Lawyer in Dubai: A Practical Guide for Expats and Residents
• Inheritance Law and the Disposal of Assets In the UAE
• How Are Issues of Inheritance Dealt with for Expatriates?

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