How to Make a Will for Guardianship in the UAE involves confirming the appropriate registration route and naming proposed guardians. Eligible non-Muslim parents can register a guardianship will through the DIFC Courts. It records their wishes for their children’s care after death, subject to court orders and applicable law.
This article explains the DIFC route, rather than every UAE wills-registration option.
Which Will Can You Use to Appoint a Guardian in the UAE
You may use a DIFC Guardianship Will to name guardians only. A full will can include both guardianship appointments and asset distribution. Guardian nominations are governed by the DIFC Wills and Probate Registry Rules, particularly Rule 86.
The child’s residence matters even where a full will covers assets elsewhere. Check that the guardianship provisions apply to your child before choosing this route.
For related guidance, see registering a will in Dubai.
Muslim families need advice on the rules governing their circumstances. Eligibility to prepare an asset will does not automatically establish eligibility to prepare a guardianship will. The applicable requirements differ.
How Do You Choose Interim and Permanent Guardians?
An interim guardian provides temporary care until a permanent guardian takes responsibility, subject to the court’s orders. A permanent guardian provides long-term care. For each role, choose appropriate and willing candidates, along with backup guardians.
A nearby interim guardian can provide prompt local support, but the rules do not require guardians to be UAE residents. Permanent guardians may also live abroad. Include the required signed guardianship statements in the registration documents.
How to Make a Will for Guardianship in the UAE through the DIFC Courts
For the DIFC route, follow these steps:
- Check eligibility and choose the appropriate will. DIFC Courts currently require the person making the will to be at least 18, non-Muslim, and never previously Muslim. The guardianship provisions concern minor children habitually living with that parent in Dubai or Ras Al Khaimah.
- Agree with the candidates and alternates on the care responsibilities.
- Draft the will in English using the appropriate form in Schedule 1. Obtain signed Guardianship Statements from the nominated interim and permanent guardians, except the children’s parents. Rule 10(6) covers their undertaking to follow DIFC law and the Rules and submit to the court’s jurisdiction.
- Prepare the identity documents and arrange two witnesses aged at least 18 with valid government-issued photo identification. Witnesses must not be beneficiaries, nominated guardians, or their spouses. An executor may witness the will if otherwise eligible.
- Arrange the registration appointment, pay the required fees, and complete signing and registration with the Wills Service. Follow Rules 9 and 10, Schedule 3, and the Registry’s current appointment instructions.
- Retain a copy of the registration and its details, and review the plan after a change in family circumstances.
For related guidance, see protecting children’s inheritance in the UAE.
Planning Guardianship for Your Children?
Discuss DIFC eligibility, guardian nominations, guardianship statements, and registration documents with Faris Raian.
When Does a Guardian Named in a Will Take Over
The nominated guardian does not automatically replace a living parent. Under Rule 86, the appointment takes effect, subject to applicable law, only if no other parent or guardian survives the testator. The nominee must then notify the registrar in writing whether they accept the appointment.
If accepted, the nominee confirms compliance with the applicable law and submission to DIFC Courts jurisdiction. The court issues the required order and may appoint another guardian. An appointment must comply with UAE law and public order.
Eligibility of Muslim parents
The DIFC route is for non-Muslims who have never been Muslim. A Muslim family needs advice on the rules that apply to its circumstances.
Guardianship wills and asset distribution
A DIFC guardianship will appoint guardians without distributing assets. Schedule 1, Form 2, provides the guardianship-only form.
For related guidance, see UAE inheritance law for expats.
The court’s power to appoint another guardian
Rule 86(5) allows the court to appoint a different guardian in accordance with the applicable law.
Accepting or declining after the parent’s death
The nominee may accept or decline. Rule 86(3) requires written notice of their decision to the Registrar after death. If accepting, they must confirm compliance with the applicable law and submission to DIFC Courts jurisdiction.
Official sources
Book Your Consultation
To discuss a guardianship will, interim and permanent guardian nominations, or related family arrangements with Faris Raian, book your consultation on WhatsApp.
