What happens to your children without a registered will depends on which parent dies, and whether the other parent survives. If the mother dies and the father is alive, guardianship generally continues with him. UAE law treats the father as the natural guardian by default, so nothing changes in law.
If the father dies and the mother is alive, guardianship becomes an open legal question. That role was vested in him specifically, so a court still needs to confirm who holds it, even though the mother is alive and caring for the children.
If both parents die, whether together or separately over time, UAE law does not automatically transfer guardianship to the person you would have chosen. Instead, a court decides who takes on that responsibility, and no relative has an automatic right to step in.
Most expat parents assume a spouse or chosen relative will step in automatically if something happens to both of them. Without a registered will, this is not guaranteed.
What are the Guardianship Laws in the UAE?
UAE law treats custody and guardianship as two separate roles. If the father dies or cannot act as natural guardian, a court appoints someone else unless you have already named your own guardian in a registered will.
Custody means who your child lives with day to day. Guardianship means who has the legal authority to make decisions about their education, healthcare, travel, and documentation. A court can assign these roles to different people.
Under the ordinary personal status law, the father is generally treated as the natural guardian, whether the parents are married, separated, or divorced. If he dies or becomes unable to act, a court steps in to appoint or confirm a guardian, and being a relative does not make this automatic. If the mother dies instead and the father is alive, guardianship is unaffected, since it already sits with him.
This is why guardianship planning matters for expats in Dubai. A registered will lets you name your own guardians in advance, so a court does not have to decide for you.
Who Gets Custody of Children in Dubai Without a Will?
Without a will, a Dubai court decides who gets custody of your children. No relative receives them automatically, not even close family.
If both parents die or become incapacitated, the court treats guardianship as an open legal question. Being a grandparent, aunt, uncle, or close family friend does not by itself give someone the right to take your children.
The court looks at who is actually suitable. It assesses the proposed guardian’s ability to care for the children, their integrity, and whether they are practically available, alongside proof of the relationship itself.
This process takes time. Relatives, especially those living abroad, typically need to submit civil status documents, death certificates, and evidence of their suitability before a court confirms them.
While this plays out, your children’s care sits with whoever the court recognizes as able to look after them in the interim. This may not be the guardian you would have chosen. A will in Dubai lets you name your own guardians and cover your wider estate at the same time.
What is the Cost of a Guardianship Will in Dubai?
The cost of making a will in Dubai for expats starts at AED 950 for an ADJD single will and AED 1,900 for mirror wills. A DIFC single will for guardianship starts at AED 5,000 and AED 7,500 for mirror wills.
Register a Guardianship Will With Momentum
A guardianship will in Dubai replaces court discretion with your own written instructions. Momentum can help you put one in place.
You can name a permanent guardian, who takes long-term responsibility for your children. You can also name an interim guardian, someone local who steps in immediately while the permanent guardian arranges to travel or relocate. Get in touch for a free consultation.
