Choosing a Legal Guardian in the UAE: A Complete Guide for Parents

All parents desire to have their children provided for and safeguarded with a future of security. However, true protection does not come from daily care alone. Alongside it is preparation for eventualities, which ensures that when the parent is unavailable, the child has safety, care, and financial stability.

For parents in the UAE, an essential process that needs to be undertaken to ensure this protection is to appoint a legal guardian through a registered will. The following article explains the reason for guardianship's importance, the text of the law, and how you can plan your children's future with certainty and confidence.

Why Appointing a Legal Guardian Matters

Many families in the UAE assume that when something happens to the father, the mother automatically becomes the legal guardian of the minor children. This, however, is not necessarily guaranteed under UAE law unless there is a registered will.

If guardianship is not properly established, a court will determine who cares for the minor child. Such processes often cause delay, and the end result may sometimes not reflect the parents' wishes.

By naming a guardian in your will, you ensure that:
Your child will be cared for by people you trust.
No confusion or legal dispute would arise.
The care can be transitioned smoothly and immediately.

Guardianship is more than just filling out legal papers; it is a commitment toward safeguarding your child's future in legal and emotional situations.

Conditions that Shall be Met by the Guardian

According to Article 130 of the personal status law, the guardian or trustee shall meet the following conditions:

To be of full legal capacity, trustworthy and able to carry out the requirements of the guardianship or trusteeship entrusted to him/her.
To be of the same religion as the person under guardianship if he/she is a Muslim with regard to guardianship over the person.
Not been convicted of a crime against honor or trust, unless his/her standing has been redeemed.
Not been declared insolvent or bankrupt due to his/her inability to manage his/her own property with regard to guardianship over property.
Not to have been sentenced to be removed from guardianship of another minor due to harming him/her or neglecting to preserve his/her property.
There is no enmity between him/her and the minor that would harm the interests of the minor.

UAE Laws on Guardianship and Wills

Federal Decree-Law No. 41 of 2024 (Personal Status Law)

The new Personal Status Law No. 41 of 2024, which becomes effective from 15thApril 2025, brings major reforms to custody, guardianship, and wills. Some key provisions include:

Custody till age 18-The law extends the age limit for custody to 18 years.
Child choice at 15-A child at 15 may choose the parent with whom he/she will reside, provided that it is in his/her best interest.
Educational guardianship- A custodian mother shall have the educational guardianship over the child, in a way that achieves the interest of the child in custody.
Travel right- The court may authorize the custodian parents to travel with the child in custody for a period or periods not exceeding a total of (60) sixty days per year with a guarantee acceptable to the court that guarantees the return of the child in custody.
Penalties-For wrongfully using a child's documents or wrongfully taking a child outside the UAE without the consent of a guardian, penalties shall apply.

With respect to wills and inheritance, the following are the provisions in the law:

A will (wasiyya), valid if duly written, signed, and witnessed, is enforceable upon death.
A will can render instructions on the guardianship of minor children.
Parents, subject to the consent of forced heirs, may bequeath about one-third of their estate to beneficiaries who are outside the group of forced heirs (in case of Muslims).
Wills can be revoked or altered during the lifetime of a testator.

Other Relevant Laws

The Federal Decree-Law No. 41 of 2022 deals with the civil personal status of non-Muslim expatriates in the UAE. Hence, this law gives added flexibility to families in personal matters such as guardianship, inheritance, marriage, and divorce. By this law, parents can name whoever they wish to be a guardian or an heir according to their personal wishes.

To ensure these wishes are honored and upheld in law, many parents opt to register these wills through one of the following state services:

DIFC Wills Service Centre: This service is available for registration of wills by non-Muslim expatriates across the UAE, upon which the will identifies the child's guardian and the distribution of the assets. The will is recognized by the DIFC Courts.

Abu Dhabi Judicial Department (ADJD) Wills Registry: This registry is open to Muslims (not UAE citizens) and non-Muslims for officially registering their wills under UAE law, which would include guardianship instructions. These Civil Wills can cover assets located in any of the UAE's seven emirates.

These legal options give parents peace of mind that their wishes will be considered and enforced in UAE courts, particularly regarding the protection of their children and the management of their estate.

What Happens Without a Will?

If you do not have your will registered, the guardianship of the children may be decided in court. Consequences would include:

Uncertainty and delays while appointing a suitable guardian.
Decisions probably inconsistent with values or wishes.
Emotional distress to the children involved in the legal struggle.

A registered will, on the other hand, provides legal assurance that the care and financial security of your children would be just as you wanted.

Appointment of Guardians Through a Will

When preparing a will in the UAE, parents may appoint:

Permanent guardians who are identified as long-term caregivers with complete responsibility,
Temporary guardians who are individuals based in the UAE intervening immediately until permanent guardians are appointed,
Alternate guardians who shall come into effect if the primary choice is unable to serve, and
Layered guardianship which provides for a defined sequence of guardians to guarantee continual care.

This arrangement enables parents to plan carefully to close any gaps in the care of the child.

Steps to Secure Guardianship Through a Will

There are steps in appointing guardianship by a will:
Select your guardian wisely-consider their values, capability, locality, and willingness.
Engage a family lawyer-they will guide you with much-needed advice regarding UAE law and your personal situation in relation to it.
Prepare a will-instructing on guardianship and asset distribution.
Register the will-with the DIFC Wills Centre, ADJD, or any other authority approved by it.
Amend when required-you can also amend or modify your will at any time during your lifetime.

Financial Security for Your Children

Guardianship goes beyond just care; it also assures financial stability for one's children. As a parent, one can:

Name minor children as beneficiaries.
Allocate assets for various purposes, including education, housing, and future expenses.
Appoint trustees to hold and manage the funds until the children attain adulthood.

Such provisions ensure that you will take care of your children emotionally as well as financially.

Conclusion

As appointing a legal guardian is one of the most important responsibilities parents take up in the UAE, this area of law has changed much with Federal Decree-Law No. 41 of 2024 and other legislative frameworks. It gives families clearer rights and procedures concerning the care of their offspring and their financial security.

How HHS Lawyers Can Assist

HHS Lawyers has experienced family lawyers who render assistance to parents in the following ways:

Drafting wills compliant with UAE laws;
Appointing permanent, temporary, and alternative guardians;
Registering wills at DIFC Wills Centre or ADJD;
Ensuring that the instructions on the distribution of the estate and custodianship are enforceable;
Updating one's will in light of the recent laws.

Take action today, and ensure the bright future of your children. Contact HHS Lawyers https://hhslawyers.com/ for expert advice on guardianship and will registration in the UAE.

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This release was published on openPR.