The Dubai Cassation Court Rejects Heirs’ Plea To Remove The Wife From The Deceased’s Inheritance, Emphasizing The Legal Principle That Silence Amounts To An Agreement

Case Summary: The plaintiffs, consisting of a deceased man’s mother and siblings filed a case against the deceased’s wife stating that the latter was divorced from the deceased, having allegedly accepted an amount of money as deferred dowry, and therefore had no right over the deceased’s property. The plaintiffs claimed that the deceased had divorced his wife and the iddah period had lapsed without the deceased revoking the divorce. The wife had allegedly received the deferred dowry due to her, from the family of the deceased, after signing a copy of her passport evidencing her receipt of such amount. However, as the deceased had failed to officially document the divorce, the wife had taken undue advantage of the situation and posed as the deceased’s legal wife, to obtain a share in his properties. The deceased’s family became aware of the situation when a court refused their request to obtain a succession certificate unless they provide proof of the divorce between the deceased and his wife. The plaintiffs also claim that they were surprised upon learning that the wife had already obtained a succession certificate to establish that she was a legal heir of the deceased, due to which they filed this case.

The wife contended the claims made by the plaintiffs. She alleged that the document produced by the plaintiffs, which showed her acceptance of the deferred dowry, was forged. She also stated that she had been in a good relationship with her husband, and had travelled to Iran to attend to a family matter from where she was unable to reach her husband. Upon reaching back, when she went to her husband’s house, she was told that he had married another woman. Four days later, she learned of her husband’s death. She reiterated that she had not accepted any money or signed any document to that effect. The witnesses produced on behalf of the wife testified the above facts stated by the wife and also stated that they were unaware of any divorce. The witnesses produced by the plaintiffs testified that the deceased had mentioned that he divorced his wife, but they had not been present, and were neither aware of the type and number of divorces.

First Instance Court (“CFI”) findings: Although both parties do not hold the UAE nationality, as they had not insisted on the application of the laws of their country, the laws of UAE were applied to the case. Regarding the allegation of the plaintiffs that the wife had refused to support the investigation of the authenticity of the document produced by them showing that she had accepted the deferred dowry, the court considered the wife’s willingness to provide signature specimens and to take an oath that the declaration was not signed by her, and ruled to disregard the allegation by the plaintiffs. The court also considered the fact that the succession certificate obtained by the wife shows the attendance of the plaintiffs in its minutes, but during the procedures, they had failed to indicate that the wife was divorced from her late husband. Additionally, the court observed that the mother of the deceased, who is one of the plaintiffs, acknowledged on record that she wrote the contested original declaration and failed to show that the document was written in the presence of the deceased. Consequently, the court ruled that the declaration document produced by the plaintiffs is invalid and forged. As the plaintiffs had failed to provide any other document to show that the deceased had divorced the wife prior to his death, the court rejected the plaintiffs’ claim that the wife was divorced. Accordingly, the court ruled that the wife is one of the legal heirs of the deceased. The court also rejected the plaintiffs’ request to declare the succession certificate issued to the wife as invalid, and dismissed the case brought by the plaintiffs.

Court of Appeal findings: The decision of the Court of First Instance was appealed by the plaintiffs on the basis of miscarriage of justice and application of the law, lack of causation, and invalidity of evidence. They claimed that the lower court was wrong to dismiss the case in spite of them providing evidence of divorce, and the expiry of the iddah period. They also claimed that challenging the authenticity of the declaration produced by the plaintiffs was unjustified and the wife should have been ordered to produce a similar signature as what was made in the document.

The court ruled that the wife had denied the divorce, the authenticity of the document and the acceptance of dowry. Therefore, the burden of proof of establishing the divorce was on the party that made the allegations, i.e., the plaintiffs. Moreover, the wife had not only submitted her signature, but also provided official documents where her signature was used, and they did not match the signature on the declaration document produced by the plaintiffs. Charging the wife to produce a similar signature as was used in the document would amount to abuse and will also establish the weakness of the document.

Furthermore, the plaintiffs had failed to immediately raise their concerns in the Inheritance Court proceedings that were opened by the wife after being issued the inheritance certificate. The representative of the plaintiffs did not make any claims regarding the wife not being an heir according to the plaintiffs’ claim until after two and a half months after the power of attorney was filed. The court observed that this may be seen as an implicit acknowledgment of the continuation of their marriage until the death of the deceased. As the plaintiffs had failed to establish the divorce by reliable and clear legal evidence, the appeal was dismissed by the court.

Court of Cassation findings: The plaintiffs chose to further appeal the judgement issued by the Court of Appeal, before the Court of Cassation. The Court of Cassation stated that the succession certificate indicating the heirs’ legal share in the inheritance constitutes evidence and indicates/ establishes the legal share of the heirs in the estate, as per Article 1244 of the Civil Transactions Law. The validity of this certificate remains valid as evidence - unless a ruling is issued to remove or introduce an heir to the listed inheritors – on the grounds that such certificate shall be invalid upon the issuance of the ruling. When the plaintiffs contended that the wife must be removed from the certificate, the court upheld the reasoning made by the Appeal court. The court stated that the burden of proof regarding allegations of divorce is on the party that makes such allegations. It also reiterated that the wife had produced all the required signature specimens and there is no basis for charging the wife with submitting further signature specimens. It also noted that the mother of the deceased had admitted that the declaration document was written by herself in Arabic, establishing the receipt of the advance dowry despite the wife receiving it at the time of the marriage, as established on the marriage contract. The court also highlighted the failure on the part of the plaintiffs in raising their contentions regarding the wife’s alleged divorce during the Inheritance court procedures, and noted the cooperation of an heir in returning the wife’s belongings during the course of the procedures. Accordingly, the court concluded that the ruling by the appeal court is sound, based on sufficient grounds, and within the Court's discretionary authority. Consequently, the court ruled to dismiss the Cassation.

In conclusion, the court noted that the claimant did not request for dismissing the claim from the beginning and instead requested postponement for settlement, which was deemed as an implied acknowledgement on the part of the plaintiff. Despite attempts to establish the divorce, the appellants failed to meet the burden of proof, leading to the dismissal of their appeal by the Court of Cassation.

Originally published September 24, 2025

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