The Dubai Court of Cassation has issued a landmark ruling affirming that equality must be observed when distributing gifts or similar financial benefits among children and wives, unless there is a clear and legitimate reason to justify unequal treatment.
The ruling was made after the Dubai Attorney General filed an appeal in the interest of the law, seeking judicial clarification on fairness in family-related financial arrangements. The court stressed that equal treatment is the general rule, and any deviation from it must be supported by a valid and lawful interest.
According to the judgment, it is the responsibility of the trial judge to assess whether such a legitimate interest exists. If the court finds sufficient justification—such as specific needs or circumstances—unequal distribution may be allowed. However, if no valid reason is proven, the principle of equality must prevail.
In cases where unjustified inequality is established, the court ruled that compensation may be ordered from the estate to remedy the harm suffered by the disadvantaged party. The decision provides clear legal guidance and reinforces fairness and balance in family financial dealings under UAE law.
