DCC 19/2005

This case involved whether a dowry and a life insurance payment should be excluded from an estate. A key issue was whether the court was required to order an investigation.

Background

On 7-3-2004 the death of the Decedent was proved and his legacy was limited to his parents (the Appellants) and in his wife (Respondent/Plaintiff in the first instance)

On 14-3-2004, the wife requested to limit the inheritance of the deceased as cash in the bank with the exclusion of 500000 Syrian pounds or its equivalent in AED and exclude it from the estate as the dowry of her marriage.

The father of the deceased denied her right to request the dowry because she had already received it from her husband and demanded  the deposit of any cash and jewellery to the court treasury, and also called for the introduction of the life insurance in the elements of the estate, with the deduction of the deceased's debts estimated at 297,000 AED of the estate.

On 27-4-2004 the court ruled to direct the right of invocation to the wife of the deceased to prove that he owed her a debt.

Proceedings

Court of first instance | Decision dated 23/5/2004