For expatriates living in the UAE, planning your estate and securing the future of your loved ones is essential. One of the most important but often overlooked aspects of a Will is the guardianship clause.

This clause determines who will be responsible for your minor children, if something happens to you. Understanding guardianship provisions and clauses for Wills in the UAE can help expats ensure their family’s welfare and avoid legal complications.

Why Are Guardianship Clauses Important for Expats?

Unlike many countries, the UAE’s personal status laws, which govern matters such as guardianship, differ significantly depending on your religion and nationality. For non-Muslim expats, the UAE’s DIFC Wills Service Centre and ADJD offer a legal framework based on common law principles that allow you to appoint guardians in your Will.

Without a clear guardianship clause, the responsibility of caring for minor children may fall to UAE courts or family members you might not have chosen. This could lead to delays, disputes, or decisions that don’t align with your wishes.

Types of Guardians in UAE Wills

When drafting a guardianship clause in your UAE Will, it is crucial to understand the different types of guardians you can appoint:

  • Permanent Guardian: This person takes full responsibility for your child’s upbringing and welfare until they reach adulthood. The permanent guardian manages the child’s daily care, education, and general well-being.
  • Temporary or Interim Guardian: This guardian is appointed to take care of your child temporarily, usually until a permanent guardian can assume responsibility. This may be necessary in situations where the permanent guardian s living in another country or unable to take the custody immediately
  • Alternate Guardians: An alternate guardian serves as a backup to the primary guardian. Should the primary guardian be unwilling or unable to fulfill their duties, the alternate steps in. You can add multiple alternate legal guardians considering as a priority level as a backup

Including all these options in your Will ensures flexibility and clarity in the event of unforeseen circumstances.

How to Include Guardianship Clauses in Your UAE Will

1. Clearly Identify the Guardian(s)

Specify the full name, and relationship to your child. It is advisable to discuss this role with the chosen person beforehand to ensure they are willing and able to take on the responsibility.

2. Provide for Temporary or Interim Guardianship

If necessary, name an interim guardian to cover the period until a permanent guardian assumes responsibility.

3. Name Alternate Guardians

Specify alternate guardians to avoid any legal confusion or delays if the primary guardian cannot act.

4. Legal Compliance and Registration

For expats, registering your Will with the DIFC Wills Service Centre and ADJD are the best way to ensure your guardianship clause is recognized and enforceable in the UAE.

Important Considerations for Expats

  • Applicable Law: The DIFC Wills Service Centre and ADJD courts allow non-Muslim expats to create Wills that are governed by common law, rather than Sharia law. This means you have greater control over guardianship decisions.
  • Guardianship vs. Custody: Guardianship generally refers to the overall care and welfare of the child, while custody can include legal authority and rights. Be clear on what powers your guardian will hold.
  • Guardianship of Property: Guardians may also manage property or assets for the minor, but this requires explicit mention in your Will.
  • Age of Majority: In the UAE, the age of majority is 21 for many matters, so guardianship may extend until then.

Why Having a Guardianship Clause Matters?

Without a valid guardianship clause in your Will, UAE courts may appoint a guardian they see fit, which may not align with your preferences. This can result in unwanted family disputes or even guardianship being granted to relatives who do not share your values.

A clear guardianship clause not only protects your children’s welfare but also gives you peace of mind knowing your wishes will be honored.

Final Thoughts

For expats in the UAE, including a detailed and legally compliant guardianship clause in your Will is essential. It ensures your children are cared for by the right people and that your estate plan is fully effective. Consult legal experts or services like MakeMyWill to draft and register your Will under the DIFC Wills framework. Proper planning today secures your family’s future tomorrow.