Power of Attorney for Inheritance

An inheritance Power of Attorney allows an heir to authorise another person to handle specified estate and succession matters on the heir’s behalf. This is particularly useful when the heir lives outside the UAE, cannot attend court or notarial procedures personally, or needs someone in Dubai to follow up on documents and estate-related transactions.

It is important to distinguish an inheritance POA from a Power of Attorney previously issued by the deceased. Under the current UAE Civil Transactions Law, an agency generally ends when the principal dies. The deceased person’s POA therefore cannot normally continue to be used as though the principal were still alive.

Once the inheritance process begins and the heirs are identified, an heir can issue a new POA in their own capacity. The representative then acts only within the powers stated in that document.

What Is a Power of Attorney for Inheritance?

A Power of Attorney for inheritance is a legal document through which an heir appoints another person to carry out specified inheritance or estate-related acts on their behalf.

The representative can be authorised to deal with court documents, estate files, property procedures and other administrative steps depending on the wording of the POA.

An inheritance POA can commonly cover tasks such as:

• Submitting and collecting estate documents
• Following up on the inheritance file
• Representing the heir before relevant authorities
• Receiving official correspondence and documents
• Handling property-related procedures where specifically authorised
• Completing administrative steps connected with the estate

The powers should be drafted around what the heir actually needs the representative to do. A broad general POA should not be assumed to cover every inheritance, banking, property or settlement transaction.

If you need help preparing the document, our Power of Attorney services cover drafting, review, notarisation and support for UAE residents and overseas applicants.

Does a Power of Attorney Continue After Someone Dies?

Generally, no. Article 897 of the current UAE Civil Transactions Law provides that an agency ends when the principal dies, subject to the specific statutory exception stated in that provision.

This means a person cannot normally continue using a POA issued by the deceased to sell property, collect assets, deal with banks or complete other transactions after the principal’s death.

The estate must instead move through the applicable inheritance and succession process.

Once the heirs have been established, an heir can grant a fresh POA allowing another person to act on that heir’s behalf.

For a fuller explanation of this distinction, see whether a Power of Attorney ends after death.

Does an Inheritance POA Establish Who the Heirs Are?

No. A Power of Attorney gives another person authority to act for the principal. It does not determine who is legally entitled to inherit from the deceased.

The inheritance process still requires the documents and court procedures needed to establish the heirs and deal with the estate.

For a succession file, Dubai Courts currently requires documents including:

• A duly attested death certificate
• Copies of the heirs’ passports
• Emirates IDs of the heirs
• The heirs’ contact and address information

The relevant inheritance documentation is then used as part of the court and estate process.

This distinction is important because an heir cannot use a POA to bypass the succession procedure. The POA deals with representation; the inheritance process deals with entitlement to the estate.

When Is an Inheritance Power of Attorney Useful?

An inheritance POA is particularly useful where an heir cannot personally manage every stage of the estate process.

Common situations include:

• An heir living outside the UAE
• Several heirs living in different countries
• An heir who cannot attend repeated court or administrative appointments
• An estate containing property in Dubai
• An heir who needs someone to collect or submit documents locally
• An estate involving several government or administrative authorities

The representative can handle only the acts included in the POA. The document should therefore be prepared after identifying what the estate actually requires.

Inheritance Power of Attorney for Non-UAE Residents

An heir living outside the UAE can issue a POA for use in Dubai, but a foreign-issued document must complete the authentication requirements applicable to documents used before UAE authorities.

Dubai Courts currently requires foreign-issued documents to be authenticated by the competent authorities, including:

• The Ministry of Foreign Affairs or competent foreign-affairs authority in the issuing country
• The UAE Embassy or Consulate in that country
• The UAE Ministry of Foreign Affairs

If the document is not in Arabic, a legal Arabic translation certified in accordance with UAE Ministry of Justice requirements is also required where applicable to the court process.

The steps before foreign-affairs authentication differ between countries, so overseas heirs should check the correct route before signing or sending the original POA.

Where a foreign-issued POA needs to complete the UAE authentication chain, our document attestation services can assist with coordinating the relevant legalisation and attestation stages.

Inheritance Power of Attorney for UAE Residents

A UAE-based heir can issue an inheritance POA through the applicable Dubai notarial procedure.

Dubai Courts currently requires proof of identity for the principal and the attorney. Where the POA relates to an estate, the applicant must also provide a determination-of-heirs certificate or death certificate.

If the POA relates to inherited property, the supporting title deed is also relevant to the notarial application.

For online POA attestation, Dubai Courts currently requires the concerned parties to hold valid Emirates IDs. A passport-only applicant must appear before the Notary Public under the published service conditions.

Depending on the document and applicant, private notary services can assist with document review, drafting, identity requirements and the appropriate online or in-person notarisation process.

What Powers Should an Inheritance POA Include?

The POA should be drafted around the actual transactions the representative will perform.

For example, an heir who only needs someone to submit documents and follow up on a succession file does not require the same authority as an heir who wants the representative to deal with inherited real estate.

Depending on the circumstances, the POA can need specific authority for:

• Opening or following an inheritance file
• Submitting applications and supporting records
• Receiving court documents
• Representing the heir before government authorities
• Dealing with inherited real estate
• Signing documents connected with a specific estate transaction
• Receiving documents or certificates on behalf of the heir

Where property, banking or another regulated transaction is involved, the requirements of the authority handling that transaction should also be checked before the POA is finalised.

Clear drafting helps prevent the representative from reaching an important stage of the process only to find that the POA does not contain the authority needed to continue.

Can an Inheritance POA Be Used to Sell Property?

Not automatically.

If an heir wants the representative to deal with inherited real estate, the POA should expressly cover the property-related acts required for that transaction.

Dubai Courts also requires a title deed when a POA relates to property. The property authority handling the eventual sale or transfer can have additional documentary or wording requirements.

An heir should therefore avoid relying on a generic inheritance POA where the real purpose is to sell, transfer or otherwise deal with inherited real estate.

How Much Does an Inheritance Power of Attorney Cost in Dubai?

The total cost depends on the document, number of parties and whether drafting, translation, overseas authentication or private-notary assistance is required.

Dubai Courts currently lists the official ratification fee for a Power of Attorney at AED 100 per party, plus AED 20 Knowledge and Innovation fees.

That official amount is not necessarily the complete cost of preparing an inheritance POA. Separate charges can apply for:

• POA drafting
• Legal Arabic translation
• Private-notary assistance
• Foreign-document authentication
• UAE Embassy or Consulate legalisation
• UAE Ministry of Foreign Affairs attestation

Applicants who want to understand the wider cost structure can review our current notary service fees in Dubai before proceeding.

Using a UAE Inheritance Power of Attorney Abroad

If a POA issued in the UAE will be used for an inheritance matter in another country, the receiving country decides whether the document is acceptable and what legalisation process applies.

A UAE-notarised document should not be assumed to be automatically accepted for an overseas estate.

Before the POA is issued, the heir should confirm:

• The wording required by the foreign authority
• Whether UAE Ministry of Foreign Affairs attestation is needed
• Whether embassy or consular legalisation applies
• Whether a certified translation is required
• Whether the foreign authority requires specific inheritance or property powers

Checking these requirements first can prevent the heir from having to prepare and notarise a second POA later.

What Happens After the POA Is Notarised?

Notarisation confirms the POA document and the authority granted through it. It does not complete the inheritance itself.

The attorney must then use the POA within the applicable inheritance process and present the supporting estate documents required by the authority handling the next step.

In Dubai, succession procedures can include opening the inheritance file, submitting applications, obtaining court orders and dealing with civil, commercial, real estate or personal-status matters connected with the estate.

The representative should therefore keep the notarised POA together with the relevant death certificate, determination-of-heirs documentation and any transaction-specific records required for the estate.

Common Mistakes to Avoid With an Inheritance POA

• Trying to use the deceased person’s old POA: a POA generally terminates when the principal dies.
• Assuming the POA proves inheritance rights: entitlement to the estate is established separately through the succession process.
• Using vague wording: broad wording can be insufficient for specific property or estate transactions.
• Ignoring foreign-document authentication: POAs signed outside the UAE must complete the applicable authentication process before use in Dubai.
• Missing estate documents: death certificates and determination-of-heirs documents can be required for the POA or succession process.
• Assuming UAE notarisation guarantees foreign acceptance: an overseas authority applies its own legalisation and document requirements.

What to Check Before Issuing an Inheritance POA

Before signing the document, the heir should confirm exactly what the representative needs to do.

• Identify the estate and inheritance procedures involved
• Confirm whether the heirship documents are already available
• List the transactions the representative will handle
• Check whether specific property or banking powers are needed
• Confirm supporting documents required for notarisation
• Check authentication requirements if the POA is signed outside the UAE
• Arrange legal Arabic translation where required

A properly prepared POA can make an inheritance process easier to manage, particularly for overseas heirs, but it should be drafted around the actual estate rather than treated as a standard one-size-fits-all document.

Using a Power of Attorney for a UAE Inheritance

An inheritance POA is most useful when an heir needs another person to manage clearly defined estate procedures. It should be issued by the heir, supported by the relevant succession documents and drafted around the transactions the representative actually needs to complete.

For assistance with drafting, notarisation or overseas document requirements, Notary Public Dubai can help coordinate the appropriate Power of Attorney process. Court decisions, determination of heirs and official succession proceedings remain within the jurisdiction of the competent UAE authorities.