As a parent, ensuring the well-being and security of your children is one of your top priorities. In the unfortunate event that something happens to you, it's crucial to have a plan in place for their care. In the UAE, appointing a legal guardian for your children in your will is an essential step to ensure that your children are cared for by someone you trust.

This blog will guide you through the process of appointing a legal guardian for your children in a UAE will.

Understanding Legal Guardianship in the UAE

In the UAE, legal guardianship is a crucial aspect of estate planning for parents. A legal guardian is someone who is appointed to take care of your children if both parents pass away or become incapacitated. This person will be responsible for the child’s day-to-day care, upbringing, and welfare, including decisions about their education, healthcare, and living arrangements.

The UAE's legal system recognizes the importance of appointing a guardian to ensure that children's best interests are protected. Failing to appoint a guardian can lead to the courts making decisions about your children's care, which may not align with your wishes.

The Legal Framework for Guardianship in the UAE

The UAE follows a dual legal system that includes both civil and Sharia law. While civil law governs most legal matters, family law issues such as guardianship are often influenced by Sharia principles. Understanding this duality is essential when drafting a will and appointing a legal guardian.

1. Civil Law Considerations: Under UAE civil law, parents have the right to appoint a guardian for their minor children in their will. This appointment must be clear and unambiguous, specifying the person or persons you wish to take on this responsibility.

2. Sharia Law Considerations: Sharia law traditionally gives priority to the father’s family in matters of guardianship, especially in the absence of a will. However, a clearly written will that appoints a guardian can influence the court’s decision, provided it aligns with the best interests of the child.

3. DIFC Wills: The Dubai International Financial Centre (DIFC) offers a Wills and Probate Registry that allows non-Muslim residents of the UAE to draft wills under common law principles, providing more flexibility in appointing guardians. Freezone residents may also have access to similar legal frameworks, depending on their jurisdiction.

Why Appointing a Legal Guardian Is Essential

1. Ensuring Your Wishes Are Honoured: Appointing a guardian in your will ensures that your children are cared for by someone you trust, following your values and beliefs. Without a legally appointed guardian, the courts may decide who will take care of your children, and their decision may not align with your wishes.

2. Providing Stability for Your Children: The sudden loss of a parent is traumatic enough for children. Having a pre-appointed guardian can provide them with a sense of stability and security during such a difficult time. The guardian can step in immediately, minimizing disruptions to your children’s lives.

3. Preventing Family Disputes: Clearly stating your wishes in a will can help prevent potential disputes among family members regarding who should care for your children. This clarity reduces the chances of conflicts that could further impact your children’s emotional well-being.

Important Considerations When Choosing a Legal Guardian

1. Trust and Relationship: Choose someone you trust implicitly and who has a strong relationship with your children. The guardian should share your values, beliefs, and parenting style to ensure your children are raised in a manner consistent with your wishes.

2. Age and Health: Consider the age and health of the potential guardian. They should be physically and mentally capable of taking on the responsibilities of raising your children, potentially for many years.

3. Location: Think about where the guardian lives. If they reside in a different country, consider how this might affect your children’s education, social life, and overall well-being. Moving to a new country can be challenging for children, so it’s important to weigh this factor carefully.

4. Financial Stability: While the guardian does not need to be wealthy, they should have the financial stability to care for your children. You may also want to consider setting up a trust or providing financial support through your estate to help the guardian with the costs of raising your children.

5. Willingness and Availability: It’s crucial to have an open conversation with the potential guardian to ensure they are willing and able to take on this responsibility. Never assume that someone is willing to be a guardian without discussing it with them first.

6. Backup Guardian: It’s wise to appoint a backup guardian in case your first choice is unable or unwilling to serve as the guardian when the time comes. This provides an additional layer of security for your children’s future.

Steps to Appoint a Legal Guardian in Your UAE Will

1. Consult with a Legal Expert: Before drafting your will, consult with a legal expert who specializes in UAE law and guardianship. They can guide you through the legal requirements and help you draft a will that meets your needs and adheres to the legal framework.

2. Draft the Will: Clearly state your choice of guardian in the will, including their full name, relationship to your children, and any specific wishes you have regarding your children’s upbringing. If you’re appointing a backup guardian, include their details as well.

3. Discuss with the Guardian: Have a candid discussion with the person you wish to appoint as the guardian. Ensure they understand the responsibilities involved and are willing to accept them. This conversation is crucial to avoid any surprises or misunderstandings later on.

4. Include a Financial Plan: Consider how your children’s needs will be financially supported after your passing. You may want to set up a trust, allocate specific assets, or provide life insurance to ensure the guardian has the necessary resources to care for your children.

5. Register the Will: Once your will is drafted, it’s important to register it with the relevant authorities. In Dubai, non-Muslim expatriates can register their wills with the DIFC Wills and Probate Registry, ensuring that their wishes are legally recognized. Both Muslims and non-Muslim expatriates can register their Wills with the Abu Dhabi Judicial Department. 

6. Review and Update the Will: Life circumstances change, so it’s important to review and update your will periodically. If your chosen guardian’s situation changes, or if you have more children, make sure your will reflects these changes.

What Happens If You Don’t Appoint a Legal Guardian?

If you do not appoint a legal guardian in your will, the decision will fall to the UAE courts, which may rely on Sharia principles to determine guardianship. This could result in a guardian being appointed from your extended family, which may not align with your wishes. The court’s primary concern will be the best interests of the child, but without your explicit guidance, the outcome may not be what you intended.

To conclude, appointing a legal guardian for your children in your UAE will is a critical step in ensuring their future security and well-being. By taking the time to carefully choose a guardian and clearly stating your wishes in a legally binding document, you can provide peace of mind for yourself and your loved ones.

At Firm Advice, we understand the complexities of guardianship and estate planning in the UAE. Our team of experienced legal professionals is here to help you navigate this important process, ensuring that your children’s future is protected. Contact us to learn more about how we can assist you in appointing a legal guardian and drafting a will that reflects your wishes.