Guardianship will & Guardianship Law for UAE Expats

Understanding the UAE Guardianship Framework

The UAE distinguishes between custody and guardianship in family law:

• Custody: Typically granted to the mother and involves day-to-day care of the child, including education and well-being.
• Guardianship: Usually held by the father, giving him the right to make major decisions about the child’s life, such as relocation, education, and finances.

For Muslim families, these roles are dictated by Sharia principles, whereas non-Muslim expatriates can establish different arrangements through legal wills and registration

Legal Options for Expatriates

Expatriates in the UAE have several legal avenues to establish guardianship:

1. DIFC Wills Service Centre (Dubai) – Allows non-Muslim expatriates to register a will, naming temporary and permanent guardians.
2. Abu Dhabi Judicial Department (ADJD) – Similar to DIFC but applicable in Abu Dhabi.
3. Home Country Laws – Expatriates may apply their own country’s laws, provided they legally register their guardianship arrangements in the UAE.
4. DIFC Courts Wills and Probate Registry – Assists non-Muslims in transferring assets and guardianship rights.

Types of Guardianship Arrangements

Expatriates should consider two essential guardianship types to fully protect their children:

Temporary Guardianship

Temporary guardianship provides immediate protection when parents cannot care for their children:

• Ensures immediate care if parents die or become incapacitated
• Prevents children from entering state custody during a temporary period.
• Requires guardians who live in the UAE and know the children
• Bridges the gap until permanent guardians arrive from abroad

A British-Swedish mother in Dubai explains: “We realized that the kids could be placed with people they don’t know if we didn’t have something legal in place.”

Permanent Guardianship

Permanent guardianship addresses long-term care needs:

• Often involves family members who take full responsibility for children
• Permanent guardians make major decisions about where children live and study
• These arrangements must be established through registered wills
• Courts focus on decisions that benefit the child most

How to Establish a Guardianship Will

Creating a guardianship will in the UAE requires several steps:

Registration Options

Expatriates can register guardianship through these channels:

1. DIFC Wills Service Centre – Allows non-Muslim parents to name temporary and permanent guardians
2. Abu Dhabi Judicial Department – Provides similar guardianship registration services
3. Guardianship-only Will – A focused option that only addresses child guardianship

Step-by-Step Process

Follow these steps to create a valid guardianship will:

1. Consult Legal Experts – Work with professionals who know UAE expatriate law
2. Prepare Documents – Draft guardianship papers that fit your family needs
3. Translate Documents – Get certified Arabic translations if needed
4. Notarize Papers – Have documents notarized by a notary public
5. Get Embassy Attestation – Obtain approval from your home country embassy
6. MOFAIC Attestation – Secure attestation from the UAE Ministry of Foreign Affairs
7. Register Will – Submit your completed will to DIFC WSC or ADJD

Required Documentation

Your guardianship will should include:

• Names of both temporary and permanent guardians
• Clear instructions for child care
• Contact details for all guardians
• Multiple guardian options for backup

As one expert advises: “The more the better when it comes to adding temporary guardians… When drafting the documents, you don’t need the guardian’s signature, just their passport and Emirates ID.”

Sharia Law and Its Impact on Guardianship

Sharia principles shape guardianship laws in the UAE, though recent changes offer more options for non-Muslims:

Sharia Principles in Guardianship

These principles affect how guardianship works:

• Fathers are the default legal guardians with authority over major decisions
• Mothers receive custody rights during children’s early years
• Custody transitions at specific ages: boys at 11, girls at 13
• Courts can extend maternal custody when it serves the child’s best interests

An Abu Dhabi Supreme Court case shows this flexibility. The court allowed a 13-year-old girl to remain with her mother beyond the standard age limit, ruling that this better served the child’s welfare.

Special Rules for Non-Muslims

Recent reforms have created pathways for non-Muslims to use alternative arrangements:

• The DIFC Wills Service Centre allows non-Muslims to follow their home country laws
• Non-Muslim expatriates can choose different legal frameworks if properly documented
• Courts maintain final authority to ensure decisions benefit the child

Cost Considerations

Establishing guardianship arrangements involves certain costs:

• DIFC will registration fees start at approximately AED 10,000
• Legal consultation fees vary based on complexity
• Document translation and attestation services add additional costs
• Mirror wills (for couples) may reduce overall registration fees

The 2025 Personal Status Law Update

The UAE introduced Federal Decree-Law No. 41 of 2024, effective April 15, 2025, which:

• Replaces the 2005 law with modern family provisions
• Emphasizes child welfare and balanced parental rights
• Creates stricter penalties for guardianship violations
• Allows non-Muslims more flexibility to choose alternative legal frameworks
• Applies to all UAE residents but with options for non-Muslims

Best Practices for Expatriate Families

Expatriate families should follow these recommendations:

Create Complete Guardianship Plans

• Name both temporary (UAE-based) and permanent guardians
• Ensure guardians understand their duties and have document copies
• Appoint multiple potential guardians for backup
• Update documents if guardians leave the UAE

Share Essential Information

• Give temporary guardians contact details for permanent guardians
• Provide information about DIFC and Abu Dhabi courts
• Share guardianship document copies with caregivers like nannies

Get Professional Help

• Consult licensed legal experts who know UAE family law
• Ensure documents meet UAE policy requirements
• Consider financial provisions to support children’s care

Common Challenges and Solutions

Expatriates often face these guardianship challenges:

Legal Conflicts

Challenge: Sharia principles may conflict with home country laws.

Solution: Use DIFC or ADJD registration to apply preferred legal framework.

Documentation Delays

Challenge: Missing or incomplete documents can delay guardianship processes.

Solution: Work with legal experts to ensure all paperwork is complete.

Gender-Based Issues

Challenge: Traditional rules may favor male guardians for Muslims.

Solution: Non-Muslims can specify different arrangements through registered wills.

Cross-Border Complications

Challenge: Guardians may live outside the UAE, creating logistical issues.

Solution: Appoint local temporary guardians while permanent arrangements are finalized.

Conclusion

For expatriate families in the UAE, creating proper guardianship arrangements is essential for protecting children. The UAE’s dual system of guardianship and custody, influenced by Sharia but with special provisions for non-Muslims, requires careful planning.

By understanding temporary and permanent guardianship options, following the correct registration process, and considering Sharia law’s influence, expatriate families can ensure their children receive appropriate care according to their wishes. The DIFC and ADJD registration options give expatriates valuable tools to implement guardianship arrangements that align with their preferences while respecting UAE law.

With the 2025 Personal Status Law introducing modern provisions that balance traditional values with contemporary family needs, expatriates now have more flexibility to establish guardianship arrangements that protect their children’s welfare and reflect their family values.