Guardianship Planning in the UAE
As a non-Muslim expat in Dubai or anywhere across the UAE, you have the legal right to name who will care for your children when you pass away. Without a registered guardianship will, UAE courts decide, not you.
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About Guardianship wills
What Is Legal Guardianship in the UAE and Why Does It Matter?
Legal guardianship is the formal legal authority granted to an individual, typically the father under Islamic law, to make binding decisions on behalf of a minor child. This covers decisions related to education, healthcare, travel, and residency.
For expats families in the UAE, it also affects visa sponsorship, as the legal guardian is typically the one who sponsors the childтАЩs residency. For non-Muslim expats, the UAE allows the application of their home countryтАЩs family law in personal status matters, which can affect how guardianship is determined if disputes arise.
About Guardianship Planning
Guardianship Planning in Dubai and the UAE
If you have minor children living in Dubai or anywhere across the UAE, guardianship planning is not optional. Registering a guardianship will protects your children and is necessary even if you do not hold any assets in the UAE.
Without a clear, registered guardianship clause in your will, a UAE court will appoint a guardian it deems appropriate, which may be a relative you would not have chosen, or someone based in a different country entirely.
A registered guardianship will changes that. It is a legally registered document that names who will take care of your minor children if both parents are no longer able to do so.
A non-Muslim expat residing in Dubai or across the seven Emirates
A single parent with children in the UAE
A couple where one or both parents are non-UAE nationals
A parent whose family members or preferred guardians live outside the UAE
An expat with a UAE-registered will that does not yet include a guardianship clause
Requirements
What Happens Without a Guardianship Will in Dubai & the UAE?
Requirements
What Happens Without a Guardianship Will in Dubai & the UAE?
If both parents pass away or become incapacitated without a registered guardianship will in place, the responsibility for deciding who cares for your children falls to the UAE courts.
- A relative who does not share your parenting values or cultural background is appointed
- Family members in different countries dispute guardianship, causing prolonged delays
- Probate and succession decisions are further complicated by the absence of clear documentation
- The guardian appointed is not someone your children know, trust, or feel safe with
Types of Guardians You Can Appoint in a UAE Will
When you register a guardianship declaration in Dubai or anywhere else in the UAE, you can name more than one type of guardian. This ensures that your children are protected from the moment something happens, not just after a lengthy legal process.
Permanent Guardian
A permanent guardian is the person you trust most to raise your children as you would. This is the cornerstone appointment in any guardianship will, the individual who steps into a long-term, committed parental role.
- Takes on full legal responsibility for the child's day-to-day care and welfare
- Makes decisions on education, healthcare, and upbringing
- Acts as the child's primary caregiver until adulthood
- Should be someone who shares your values and has the capacity to commit long-term
Interim/Temporary Guardian
An interim guardian fills the critical window between something happening and your permanent guardian being able to step in. This is the person who is based nearby, available immediately, and ready to act without delay.
- Assumes care of your children from the moment they are needed
- Bridges the gap while a permanent guardian travels or arranges relocation
- Acts as the child's primary caregiver until adulthood
- Typically a trusted person already based in Dubai or the UAE
Alternate Guardian
Life is unpredictable, and your guardianship plan should account for that. An alternate guardian ensures there is always someone named, ranked, and legally ready to act, no matter what circumstances change.
- Serves as a named fallback if the permanent guardian cannot fulfil their role
- Multiple alternates can be listed in order of priority
- Ensures there is always someone ready and legally authorised to act
- Provides an additional layer of protection against unforeseen circumstances
Where to Register a Guardianship Will in the UAE
Non-Muslim expats in the UAE have three registration routes available for a guardianship will: through DIFC Courts, ADJD, or Dubai Courts.
The DIFC Courts offers a standalone guardianship will so you do not need to register a full will covering assets in order to put guardianship protection in place.
The Abu Dhabi Judicial Department offers a registered will framework for non-Muslim expats across the UAE, including a guardianship provision.
The Dubai Courts Notary Will allows guardianship instructions to be included alongside or separately from asset distribution wishes.
How to Make a Guardianship Will in the UAE
Choose Momentum for Guardianship Planning in the UAE
Registering a guardianship will is straightforward, but the details matter. Getting the documentation wrong can cause delays at the worst possible time. Our team has spent over a decade helping individuals and families across Dubai and the UAE register wills and put guardianship plans in place.
FAQ
Frequently Asked Questions
How much does a guardianship will cost in the UAE?
A guardianship will costs between AED 1,000 to AED 8,000, depending on the court you register with. Generally, ADJD and Dubai Courts provide more affordable guardianship wills.
How to appoint a guardian for children in the UAE?
You can register a guardianship will with the DIFC Courts, ADJD, or Dubai Courts Notary. In the Will, you name a permanent guardian, an interim guardian, and alternates as a backup. Once witnessed and submitted, the will is registered and legally enforceable across the UAE.
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