UAE Guardianship Wills | Child Protection & Legal Guide

UAE Guardianship Wills and eligibility

A guardianship will names the people a parent wishes to care for minor children after death. The appointment is subject to the competent court and the legal rights of any surviving parent.

Under Article 126 of Federal Decree-Law No. 41 of 2024, a father may appoint a tutor to manage a minor’s affairs if he becomes unable to act or after his death. Article 128 separately distinguishes guardianship over the child from guardianship over the child’s property.

These provisions should not be read as an automatic transfer of the child’s care under a will.

For non-Muslims, Articles 11 and 13 of Federal Decree-Law No. 41 of 2022 deal with estate wills and their registration. They do not, by themselves, establish a general right to appoint a child-care guardian.

The DIFC Wills and Probate Registry Rules allow eligible non-Muslims aged 18 or older to register a Guardianship Will. The minor children must habitually reside with them in Dubai or Ras Al Khaimah.

Registration remains subject to the Rules and applicable law.

Interim and permanent guardians

An interim guardian is nominated to provide temporary care until the permanent guardian can take responsibility. A permanent guardian is nominated for longer-term care.

These are the two types of appointment available under the DIFC guardianship-will route. Neither person obtains an unrestricted right to take the child immediately upon death: the appointment remains subject to the court’s order, the surviving parent’s rights and the applicable law.

A permanent guardian may live abroad, but any relocation requires separate consideration of the child’s position.

Choosing an interim guardian who lives nearby can make urgent care easier, but UAE residence is not a mandatory condition under the DIFC Rules. Under Rule 86, the guardianship appointment takes effect only if no other parent or guardian is alive when the testator dies, subject to the applicable law.

The DIFC Courts may issue an interim or permanent guardianship order, or appoint a different person where the law requires.

The DIFC Courts can issue guardianship orders where the requirements of the DIFC Rules are met and the appointment does not conflict with UAE law or public policy.

Registering a Guardianship Will in Dubai

To register a guardianship will in Dubai, first choose the appropriate legal route. Law No. 15 of 2017 provides for non-Muslim will registers at Dubai Courts and DIFC Courts, while the DIFC Wills and Probate Registry Rules govern DIFC Guardianship Wills.

Article 27 of Cabinet Resolution No. 122 of 2023 sets conditions for registering non-Muslim estate wills at the competent court; it is not the complete procedure for a DIFC Guardianship Will. For DIFC registration, prepare the testator’s identification, details of two eligible witnesses and signed Guardianship Statements from the nominated guardians.

A Single Guardianship Will is signed by one parent; Mirror Wills are two separate wills signed by both parents. A Guardianship Will appoints guardians only, while a Full Will may also deal with property.

Check the applicable registration procedure and fees before signing.

To discuss guardianship arrangements, contact our team on WhatsApp.

Questions about guardianship wills

Can a non-Muslim parent appoint a non-Muslim guardian for their children in the UAE?

Yes, an eligible non-Muslim parent can name a proposed guardian under the DIFC Wills and Probate Registry Rules, subject to the child’s residence, the proposed guardian’s eligibility and the court’s decision. Articles 11 and 13 of Federal Decree-Law No. 41 of 2022 deal with estate wills and registration rather than directly granting an unrestricted right to appoint a child-care guardian.

Does a registered Guardianship Will take effect automatically upon death?

No, not automatically. Under the DIFC Rules, a registered Guardianship Will records the parent’s choice, but a guardian’s authority remains subject to the applicable law and the competent court.

Rule 86 also protects the position of a surviving parent or guardian. Article 126 of the 2024 Personal Status Law concerns the appointment of a tutor and should not be treated as the DIFC rule for transferring the child’s care.

What is the difference between a Single Will and a Mirror Will at DIFC?

A Single Guardianship Will is signed by one parent. Mirror Wills are two separate wills, one signed by each parent, usually registered together.

The current DIFC Courts fee schedule lists AED 5,000 for a Single Guardianship Will and AED 7,500 for Mirror Guardianship Wills. The booking fee is part of the service fee, but it may be non-refundable in the stated circumstances.

Can the surviving parent’s legal rights be bypassed by a Guardianship Will?

No. A Guardianship Will cannot by itself remove a surviving parent’s legal rights. Rule 86 of the DIFC Wills and Probate Registry Rules states that the appointment takes effect only where there is no other surviving parent or guardian, subject to the applicable law.

Articles 128 and 129 of Federal Decree-Law No. 41 of 2024 distinguish guardianship over the child from guardianship over the child’s property. They do not make every appointment in a will automatically effective.

What are the main witnessing requirements for registering a non-Muslim Will?

For a DIFC Guardianship Will, the testator signs before the authorized officer and eligible witnesses under the DIFC Rules. The DIFC Courts Wills Service requires two adult witnesses with valid photo identification; they must not be named as guardians or beneficiaries, or be spouses of such persons.

Separately, Article 27 of Cabinet Resolution No. 122 of 2023 requires two witnesses for wills registered under that civil personal status procedure. The requirements of the chosen registry must be checked before signing.

Related reading

• Planning a guardianship will in the UAE
• UAE inheritance law for expatriates
• Understanding UAE custody arrangements

Legal sources