The chairman of the Special Court of estates in Dubai Courts, Judge Mohammed Jassim Al Shamsi, stated that some individuals have an incomplete understanding of legacies, believing that they are limited to the money left by the deceased; he clarified that this is an incomplete response.
He noted that the issues of the estate are complex and significant, and involve in part the rights of heirs, as well as the funds that come out of it before distribution, including the debts of the deceased that had a franchise, such as taxes, judicial fees, violations, and fines, in addition to Wills, whether fixed or contested, noting that the latter can be claimed to be proven through all legal means of proof.
In detail, Judge Mohammed Jassim Al Shamsi told "Emirates Today" that when asked what an estate is, some people may respond that it is the money left by the deceased. However, this is an incomplete answer, as Article (274) of the Personal Status Law specifies that an estate is comprised of all the money and Financial Rights left by the deceased.
He added that, according to the law's Explanatory Memorandum, the funds include movable and immovable property, currency, or assets, whether in his possession at the time of death or the hands of others, such as the agent or the rapist, or the unclaimed proceeds of an endowment.
Regarding financial rights, he explained to the Jurists that they include everything that was fixed for the deceased from a financial right, such as his debts to others, the right of use, such as renting and lending, the right of pre-emption, options related to financial contracts, and in-kind rights that carry money, such as the right to drink, pass, drink, etc.
He emphasized that the heirs have the right to claim all the rights that the deceased had in the hands of the person who obtained them as a Waqf yield, profit, rent, or debt in his favor that was not paid by them in fact or judgment during his life, so the heirs have the right to claim this in the face of the person who obtained it, whether from the heirs themselves or others, and add it to the inventory list, and even file a lawsuit in the court of law.
