POAs in Inheritance Scenarios: What Overseas Heirs Need to Handle a UAE Estate

Welcome back to the POA’s desk.

In the last episode we covered validity periods. In this episode we cover POAs in inheritance scenarios — the documents needed when an estate is being handled, and the specific requirements for heirs who may not be in the UAE.

Inheritance situations create some of the most complex POA work we handle. The principal — the person granting the POA — is often an heir who has just inherited a UAE asset, may not be in the UAE, may not speak Arabic, and may not be familiar with UAE inheritance procedures. The asset may be a property, a bank account, a company share, or a combination. And the timeline is often pressing because the estate needs to be settled.

How UAE inheritance works

Start with the basics of UAE inheritance. When someone passes away owning UAE assets, those assets must pass through inheritance procedures before they can be transferred or sold. This typically involves a court order or the registration of a recognised will. The procedure varies by the deceased’s nationality, religion, and whether they had a registered DIFC will or other estate planning instruments. The result is a determination of who the heirs are and what shares they receive.

Once the heirs are determined, each heir owns their share of the assets. They can then keep the assets, sell them, or transfer them. But to do any of this, the heirs need to be involved in the conveyancing or transaction. And if any heir is overseas, that heir needs a POA to authorise someone in the UAE to act on their behalf.

What makes an inheritance POA specific

This is where POAS work becomes specific. The POA must be drafted with the inheritance context in mind.

The principal must be identified as an heir to the specific deceased person. The POA references the inheritance documents — the court order, the recognised will, or the relevant inheritance certificate. The powers granted are tied to the heir’s share of the estate, not to property they personally own.

The receiving authority is usually the Dubai Land Department for property, or the bank for accounts, but with the inheritance documentation as supporting context. The DLD will not transfer property based on a POA alone — it needs the inheritance order showing the heir is entitled to the share. The POA authorises the action; the inheritance documents authorise the heir’s standing.

Common scenarios

A common scenario. A father passes away owning a Dubai apartment. The heirs are determined through court procedure to be the wife and three children. Two of the children live overseas and need to authorise someone in Dubai — often the wife, the eldest child, or a trusted family friend — to handle the property on their behalf. Each overseas heir issues a POA tied to their share. The POAs together with the inheritance order allow the family to either sell the property and distribute proceeds, or transfer the property into a single name with the others compensated.

Another common scenario. A spouse passes away holding a UAE bank account jointly with the surviving spouse. The bank freezes the account on notification of death. The surviving spouse needs the inheritance order to access the funds, and may also need to issue a POA if they want a representative to handle the bank visits and paperwork on their behalf.

A more complex scenario. The deceased had multiple assets — property, bank accounts, company shares. The estate has multiple heirs. Some are in the UAE, some are overseas. Each heir’s share of each asset needs separate handling. The POA structure becomes important. We often recommend a single attorney for all heirs, with each heir issuing a POA that references the same attorney, so the asset handling is coordinated rather than fragmented across multiple representatives.

Timing matters

The timing matters. Inheritance procedures take time. Court orders typically take weeks to months. During that time, the estate is in a kind of suspended state. Bank accounts are frozen. Property cannot be sold. Even routine matters like service charges become complicated. So we recommend that overseas heirs start the POA process in parallel with the inheritance procedure, not after it. By the time the inheritance order is issued, the POAs are ready to use.

Common mistakes

A common mistake we see. Heirs assume that a general family POA from before the death is still valid. It is not. A POA ends on the death of the principal. The heirs must issue their own POAs based on their own newly acquired status as heirs. Trying to use a deceased person’s old POA is not legally valid.

Another mistake. Heirs delay issuing POAs because they assume the inheritance procedure has to complete first. It does not. The POA can be drafted in advance, conditional on the inheritance order, so it is ready to use the moment the order is issued. This saves weeks.

At POAS we handle inheritance POAs as a specific category of work. The fee structure is the same as standard POAs, but the drafting includes references to inheritance documentation and the specific powers needed for estate handling. We coordinate with the family’s lawyers handling the inheritance procedure where needed, to ensure the POA is consistent with the inheritance order.

In Episode 20 we cover multiple attorneys and joint authority. When a POA names more than one attorney, and how the structure affects how decisions are made.

I’m Patrick. Thanks for joining me at the POA’s desk.