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In short: A power of attorney for inheritance is a notarised document in which a legal heir authorises another person to represent them in estate matters — completing succession procedures, dealing with courts, government departments and banks, and receiving their share. It has no legal effect until it is notarised by a Public Notary or a licensed Private Notary in the UAE.
Notarised through a live video meeting with the principal. No office visit required.
The notarised POA is issued on the same day the video session takes place.
A valid Emirates ID or a valid passport is what we need to identify you.
Legal notice
The information in this article is general and educational in nature and does not constitute legal advice. Requirements vary according to the religion of the deceased, the circumstances of the heirs, the emirate and the competent authority. Final acceptance of any notarised document rests with the authority to which it is submitted. This guide reflects the legal position as at the last review date shown above; UAE legislation is subject to amendment.
What Is a Power of Attorney for Inheritance?
A power of attorney for inheritance is an official document, notarised before a notary, in which a legal heir — or a group of heirs together — authorises a trusted person to carry out estate procedures on their behalf before courts, government departments, banks and utility providers.
The document does not transfer ownership and does not create any new entitlement in the estate. An heir’s share is fixed by law before and after the POA is signed. What the POA transfers is the ability to act — so the agent can stand before the competent authority instead of the heir. That distinction matters in practice. From our day-to-day casework we regularly see two misunderstandings that lead to disputes later: a principal assuming the POA gives the agent a share of the estate, and an agent assuming it gives them free rein over it. Neither is correct.
An inheritance POA is a special power of attorney rather than a general one, because its subject matter is defined: the estate of one named deceased person. For the underlying difference between the two categories, see do I need a general or special power of attorney in the UAE.
The Legal Framework Governing Inheritance POAs in the UAE
Three bodies of law apply together: one governs the inheritance itself, one governs the agency relationship, and one governs the form of notarisation.
Important update — two laws recently replaced
Most published guidance on UAE inheritance still cites two texts that are no longer in force:
• Federal Law No. 28 of 2005 on Personal Status was replaced by Federal Decree-Law No. 41 of 2024, in force since 15 April 2025.
• Federal Law No. 5 of 1985 (the Civil Transactions Law) was repealed by Federal Decree-Law No. 25 of 2025, in force since 1 June 2026. As a general transitional rule, instruments executed before that date remain governed by the former code.
1. The law governing distribution of the estate
This is the fork in the road that determines everything downstream, and it is the point most guides skip entirely:
The estate is distributed under Islamic Sharia principles as codified in the federal Personal Status Law issued by Federal Decree-Law No. 41 of 2024. The court issues a succession certificate identifying the heirs and their shares.
The civil personal status route applies under Federal Decree-Law No. 41 of 2022, or the law of the deceased’s home country, or a registered will, depending on the case. The distribution rules differ substantially from the first route.
This is not a theoretical distinction. It determines the competent court, the form of the succession certificate, and the powers a land department or bank will accept. For anyone wanting to avoid this complexity in advance, registering a will in Dubai is the single most effective preventive step.
2. The law governing the agency relationship
Who may grant authority, what may be delegated, the agent’s obligations, and how the relationship ends — these are civil law questions. Under the repealed 1985 Civil Code they sat at Articles 924 onwards; they are now recodified in the Civil Transactions Law issued by Federal Decree-Law No. 25 of 2025, in force since 1 June 2026.
3. The law governing notarisation
A POA that is merely written and signed carries no weight before any official body in the UAE; notarisation is what gives it effect. The profession is regulated federally by Federal Decree-Law No. 20 of 2022 on Regulating the Notary Profession, which replaced Federal Law No. 4 of 2013. In Dubai the Private Notary is additionally regulated by Dubai Law No. (4) of 2013, as amended by Dubai Law No. (26) of 2021 — the amendment that introduced the electronic notary public, and the basis on which remote notarisation operates. See how to notarise a power of attorney in the UAE.
Succession Certificate vs Power of Attorney
These two documents are constantly confused, and the result is that clients request a POA before it can be issued and the matter is sent back. They differ in nature, in issuing body and in sequence.
| Point of comparison | Succession certificate | Inheritance POA |
|---|---|---|
| What it establishes | Who the heirs are and what shares they hold | Who represents an heir in the procedures |
| Issued by | The competent court | A Public Notary or licensed Private Notary |
| Sequence | First | After it — the POA relies on it |
| Can it be skipped | No; everything else rests on it | Yes, if the heir attends in person |
| Who signs it | Issued by the court on application | The heir, as principal |
The practical rule: the succession certificate comes first. That said, a narrow special POA can be issued for the single purpose of pursuing the succession certificate itself — which is what we usually prepare for heirs living outside the UAE.
When Do You Need an Inheritance Power of Attorney?
The most common case by far. The heir appoints a relative inside the UAE instead of travelling repeatedly.
The heirs appoint one of their number so that representation is unified instead of everyone attending every appointment.
Following up frozen accounts and receiving sums due. See banking POA guide.
Partitioning shares or transferring title. See transferring property between family members.
Representing the heir before the courts. See litigation power of attorney.
Devolution of the deceased’s shareholding. Usually needs a separate instrument — see POA for share transfer.
Conditions for a Valid Inheritance POA
Powers That Must Be Stated Expressly
The most damaging drafting habit we see in inheritance POAs is the phrase “full and absolute powers”. It looks comprehensive but weakens the document from both sides: the receiving authority may reject it because it cannot find express wording for the act requested, and the principal is left exposed to acts they never intended.
The working rule: anything that transfers ownership or extinguishes a right needs its own express clause and is never implied by a general phrase, however broadly worded.
| Power | Express clause needed? | Note |
|---|---|---|
| Dealing with courts and departments | Name each body | List the court, department, bank and utility by name |
| Receiving the cash share | Yes | Identify the paying party |
| Selling estate property | Yes | Describe the property; a separate POA is often preferred |
| Waiving a share | Yes — with great care | This extinguishes a right; include only as a deliberate decision |
| Settling or discontinuing a claim | Yes | Not implied by the right to litigate |
| Appointing a substitute agent | Yes | Without it, the agent cannot delegate onward |
| Mortgaging an estate asset | Yes | Rarely justified in an inheritance POA |
Practical tip
Separate the procedural POA from the disposal POA. Make the first broad enough to cover routine follow-up, and keep acts that transfer ownership in a separate instrument issued only when the moment arrives. This cuts the risk without slowing the work down.
How to Get an Inheritance POA Notarised Online in One Day
As a licensed private notary we handle the whole process remotely. The principal does not need to attend an office, and the notarised document is issued the same day the session takes place.
Tell us what the POA is for. Which authority will receive it, what the estate contains, and whether any act transferring ownership is involved. This is the step that determines whether the document is later accepted or refused.
Send your identification. A valid Emirates ID or a valid passport for the principal, plus the agent’s details.
We draft the POA in Arabic. In the wording the notarial register and the receiving authority expect, with the powers itemised rather than left open. Templates copied from the internet are the single most common reason a document is refused.
Video meeting with the notary. The principal joins a live video session in which identity is verified and the document is signed. Identity verification is a mandatory notarial function, not a formality — see identity verification of principal and agent.
More on the remote route in e-notarisation in the UAE and issuing a POA through the smart application.
Documents Required
It helps to separate two things that are often lumped together: what we need in order to notarise, and what the estate procedure itself will call for at the court or the receiving authority.
The general list across all POA types is at required documents for issuing any power of attorney in the UAE.
Send us the details of the estate and the authority the POA will be submitted to. We confirm the powers it needs, draft it, and notarise it in a video session — issued the same day. All you need is a valid Emirates ID or passport.
Sample Wording for an Inheritance POA
Before you use this
This is an illustrative structure shown in English for clarity. It is not a document ready for notarisation. The operative instrument is drafted in Arabic, and the powers are added or removed according to what your matter actually requires. Do not include a power you do not need.
SPECIAL POWER OF ATTORNEY — INHERITANCE
Principal: Mr/Ms …………………………………….. , nationality ……………………. , passport no. ……………………. , Emirates ID no. ……………………. , in their capacity as one of the heirs of the late …………………………………….. , that capacity being established by the succession certificate issued by ……………………. Court under no. ……………………. dated ……………………. .
Agent: Mr/Ms …………………………………….. , nationality ……………………. , passport no. ……………………. , Emirates ID no. ……………………. .
Subject matter: The estate of the late …………………………………….. , who passed away on ……………………. under death certificate no. ……………………. .
Powers granted: I appoint the above-named agent to act on my behalf in the following matters only:
1. Pursuing the estate proceedings before ……………………. Court and completing the applications and documents required.
2. Dealing with the following bodies in connection with the estate: ………………………………………………… (name them: land department, authority, bank, utility provider).
3. Submitting applications and receiving documents and certificates relating to the estate.
4. [Financial power — include only if needed] Receiving my due share of the estate in cash or by cheque from ……………………. .
5. [Litigation power — include only if needed] Representing me before the courts at all levels in claims relating to this estate, including attendance, pleading, submission of documents, applying for execution and receiving copies of judgments.
6. [Disposal power — include only as a deliberate decision] ………………………………………………… (for example: sale of the property described as ……………………. , waiver of the share, or settlement of the claim).
Limits of authority: The agent holds only the powers expressly set out above, and may not appoint a substitute agent unless expressly authorised to do so. Any act exceeding these limits does not bind me and the agent bears responsibility for it.
Scope and term: This power of attorney is valid within the United Arab Emirates only, from the date of notarisation until ……………………. , unless revoked before then through the proper procedure.
Two notes on the structure. Clause 6 is deliberately left blank because acts that transfer ownership must be drafted case by case rather than copied. And the limits-of-authority clause, short as it is, is the most valuable line in the document: it protects the principal and reassures the receiving authority at the same time. On drafting generally, see proper legal drafting of a power of attorney.
The Arabic Language Requirement
Arabic is the official language of the UAE courts and notarial system. The POA is registered in Arabic; where the principal does not read Arabic, it is prepared as a bilingual Arabic–English instrument so the signatory understands what they are signing, with the Arabic text operative.
Translation quality is a legal risk here rather than an administrative one. In an inheritance POA the difference between “manage” and “dispose of” changes the scope of what the agent may do with an asset. This is the most frequent reason a document comes back for redrafting rather than being refused outright. See certified legal Arabic translation in the UAE.
Issuing an Inheritance POA From Outside the UAE
If the heir lives abroad there are two routes, and the choice matters.
Route one — remote notarisation with us. Where the transaction and the receiving authority permit it, the POA can be drafted and notarised through a video session without the heir travelling or attending a mission. This is the fastest route and the one most of our overseas clients use.
Route two — the UAE embassy or consulate. The heir attends the UAE mission in their country of residence and signs there; the document then requires attestation by the UAE Ministry of Foreign Affairs on arrival. Reliable but slow, and entirely dependent on appointment availability — see issuing a POA through UAE consulates and how to issue a power of attorney from abroad.
A POA drafted locally abroad using foreign legal concepts may be refused by the UAE authority receiving it; the common failure points are set out in problems of non-acceptance of powers of attorney abroad.
Using a UAE Inheritance POA Abroad
Where part of the estate sits outside the UAE, the notarised POA must pass through a legalisation chain to be recognised: attestation by the UAE Ministry of Foreign Affairs, endorsement by the embassy of the destination country, and in most cases certified translation on arrival. Requirements differ sharply by destination. See international power of attorney and consular attestation of a power of attorney.
How Notarisation Fees Are Determined
Notarisation fees in the UAE are not set by the notary. They are fixed by Cabinet Resolution, in a published schedule covering transactions conducted by the Public Notary and the fees of the Private Notary. The prescribed fee for a given notarial transaction is set centrally, and the private notary component is itself a defined percentage laid down in that resolution rather than a freely priced service charge.
What genuinely varies is scope: how many powers the instrument contains, the drafting and translation involved, the number of certified copies, and whether attestation for use abroad is required. Contact us for the scope applicable to your matter.
How to Cancel an Inheritance POA
A principal may revoke at any time, but revocation is not effective merely because the decision has been made. Three steps are needed.
Register the revocation. A cancellation deed is executed and registered before the notary, referencing the original POA number and date.
Serve formal notice on the agent. Verbal notice is not evidence. A registered legal notice of cancellation creates a dated record that the agent’s authority ended.
Notify every third party holding a copy. The court, the land department, the bank, the utility provider. A third party acting in good faith on a POA it was never told had been cancelled is the largest single source of later disputes.
Full procedure at how to cancel a power of attorney.
Common Mistakes
More cases in common drafting mistakes and misuse of a power of attorney and how to protect yourself.
How Private Notary Dubai Assists
We are a licensed private notary operating in the UAE. We do not issue documents on behalf of the state — the notarial act is performed under the authority granted by the applicable notary legislation, and acceptance of the final document always rests with the authority receiving it. What we do is get the instrument right before it reaches that authority:
Service page: power of attorney notarisation in Dubai, with remote options at e-notary Dubai and mobile notary Dubai.
A POA transfers the exercise of a right, never the right itself and never ownership.
The succession certificate always comes before the POA, and there is no substitute for it.
Acts transferring ownership need express wording; they are never implied by a general phrase.
Legislation changes. The 2025 Personal Status Law and the 2026 Civil Transactions Law are reason enough to have an older inheritance POA reviewed rather than assumed still current.
Frequently Asked Questions
What is a power of attorney for inheritance?
It is a notarised document in which a legal heir authorises another person to act on their behalf in estate matters — dealing with courts, government departments and banks, and receiving the share due to them. It does not transfer ownership or create any entitlement in the estate.
Can an inheritance POA be notarised online?
Yes. We notarise it through a live video meeting with the principal, so no office visit is needed. Availability depends on the type of POA and on the authority that will receive it, so it is worth confirming before scheduling.
How long does it take to issue?
The notarised POA is issued on the same day the video session takes place. If it also needs attestation for use outside the UAE, that stage adds further time and depends on the ministries and embassy involved.
What documents do I need?
For the notarisation itself, a valid Emirates ID or a valid passport for the principal, plus the agent’s identification details. The estate procedure at the court or receiving authority will separately call for the succession certificate, the death certificate and documents matching the assets in the estate.
Which law governs an inheritance POA in the UAE?
Three together. Distribution of the estate falls under the Personal Status Law issued by Federal Decree-Law No. 41 of 2024 for Muslims, or the civil personal status route under Federal Decree-Law No. 41 of 2022 for non-Muslims. The agency relationship falls under the Civil Transactions Law issued by Federal Decree-Law No. 25 of 2025, in force since 1 June 2026. Notarisation falls under Federal Decree-Law No. 20 of 2022 on Regulating the Notary Profession.
Can I issue the POA before the succession certificate?
As a rule the certificate comes first, because the principal’s standing as an heir must be officially established. A narrow special POA can be issued for the single purpose of pursuing the succession certificate itself, which is what heirs living abroad usually need.
Can several heirs appoint one agent in a single POA?
Yes, in one instrument signed by all the principals, provided each has full capacity and appears as an heir in the succession certificate. This is the most common arrangement and the fastest to execute.
Does an inheritance POA give the agent a share of the estate?
No. It transfers no ownership and creates no entitlement; it authorises the agent to carry out procedures only. Each heir’s share remains exactly as fixed by the succession certificate.
Can the agent sell property from the estate?
Only if the POA contains an express clause authorising sale, with the property described. Sale transfers ownership and is never implied by general wording; land departments usually prefer a separate special POA for it.
What if one of the heirs is a minor?
A minor cannot grant a power of attorney, having no capacity for financial dealings. Their share is administered through guardianship supervised by the competent court, which is a separate track from the POA granted by the adult heirs.
How long is an inheritance POA valid?
Until it is revoked or until any term written into it expires, and it ends automatically on the death or loss of capacity of the principal. Some authorities apply their own internal rule and ask for a recently issued POA even when it has not expired.
Does the POA have to be in Arabic?
Yes. Arabic is the language of the UAE notarial and judicial system, so the instrument is drafted in Arabic or as a bilingual Arabic–English document with the Arabic text operative. An English-only draft needs certified legal translation before it can be notarised.
Can the agent appoint someone else in their place?
No, unless the POA expressly grants the right to appoint a substitute. Without that clause, only the named agent may act.
Will a UAE inheritance POA be accepted abroad?
Not automatically. It needs attestation by the UAE Ministry of Foreign Affairs, endorsement by the embassy of the destination country, and usually certified translation on arrival. Requirements vary considerably from one country to another.
Who sets the notarisation fees?
They are fixed by Cabinet Resolution, which sets both the prescribed fees for Public Notary transactions and the professional-fee component applicable to the Private Notary. What varies is scope: the powers included, the drafting and translation involved, the number of copies, and any attestation for use abroad.
Abdul Hamid Mohammed — Legal Consultant
Legally reviewed by Dr. Mohamed Shehata, Legal Consultant
Abdul Hamid is a legal consultant with extensive experience in providing legal advice in the United Arab Emirates. His expertise focuses on legal drafting, resolving commercial disputes, and drafting and reviewing corporate and employment contracts. This guide draws on inheritance powers of attorney we prepare and notarise for clients in Dubai every working day.
Conclusion
An inheritance power of attorney is a simple instrument that becomes complicated for one reason: loose drafting. Three things settle most of it — obtain the succession certificate first, name the powers and the authorities specifically instead of relying on general phrases, and keep acts that transfer ownership in a separate instrument issued only when needed. With the Personal Status Law recodified in 2025 and the Civil Transactions Law in 2026, this is also a sensible moment to have an older inheritance POA reviewed rather than assumed to still read the same way.
If you are unsure which powers your matter needs, send us the details. We will confirm the correct route, draft it, and notarise it in a video session — issued the same day.
Official Sources
Abdul Hamid is a legal consultant with extensive experience in providing legal advice in the United Arab Emirates. His expertise focuses on legal drafting, resolving commercial disputes, and drafting and reviewing corporate and employment contracts.