Holders of a joint bank account in the UAE typically instruct the bank to allow 'either or survivor' to operate the account. The purpose of this mandate is to allow the surviving account-holders to continue to operate the account following the death of one of the other account-holders.
However, Article 379(4) of the UAE Commercial Code provides that if a joint account-holder dies or loses legal competence, the others must duly notify the bank within 10 days, and the bank must suspend withdrawals from the joint account from the date of notification until a successor is appointed. Accordingly, a number of banks in the UAE have begun notifying their customers that they are not permitted to recognize the 'survivor' part of this kind of mandate. The Commercial Code does not expressly require that a successor is appointed by a local court. In practice a local court would generally honour a foreign order appointing a successor or administratrix of the deceased or incapacitated person.
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