For parents, a UAE will is not just about who inherits property or savings. It is about who raises your children if you and your spouse both die. Without a will that expresses your preferences, that decision rests entirely with UAE family courts, and the outcome may not be what you would have chosen.
What Happens to Minor Children Without a Will
If both parents die without a will, or if the surviving parent is unable to care for the children, UAE family courts determine guardianship. The court's primary consideration is the best interests of the child, but without any expressed parental preference on record, the court has no guidance from you.
In practice, courts often look to close family members, grandparents, aunts and uncles, within the UAE first. This may or may not align with your wishes. If you would prefer your children to be raised by a sibling who lives in the UK, or a close friend in Australia, a court has no way of knowing that without a will.
Can You Appoint a Guardian in a UAE Will?
Yes, you can include your expressed guardianship preferences in a UAE will. However, it is important to understand that UAE courts are not legally bound by these preferences in the way they are bound by asset distribution instructions. A guardianship nomination in a will is a strong expression of parental intent, and courts take it seriously, but the court retains ultimate discretion.
That said, a clearly expressed, documented preference carries far more weight than nothing. In the vast majority of uncontested cases, courts respect the preferences set out in a valid registered will.
The DIFC Wills Service Centre offers a dedicated Guardianship Will product. OwnX can also include guardianship wishes within an ADJD will. If guardianship is your primary concern, speak to OwnX about which approach best suits your situation.
What to Include in Your Guardianship Provision
- The full legal name and relationship of your preferred guardian
- A backup guardian in case the first choice is unable or unwilling to act
- Whether you want the guardian to be jointly responsible with your surviving spouse
- Any specific wishes about the children's education, religion, or upbringing
- Financial arrangements, how assets should be managed for the children's benefit until they reach adulthood
Speak to Your Chosen Guardian First
Before naming someone as guardian in your will, have a genuine conversation with them. Guardianship is a significant, lifelong commitment. A person who is willing in principle may have reservations in practice, about relocation, finances, or their own family circumstances. An informed, willing guardian is far more effective than a surprised one.
Financial Provision for Children
Naming a guardian is only part of the picture. Your will should also address how your assets will be managed for your children's benefit. You can appoint a separate trustee or executor to manage assets on the children's behalf until they reach a specified age. This separates the parenting responsibility from the financial management responsibility, which is often wise.
Your will can specify that funds be used for education, housing, healthcare, and general welfare, with the remaining balance distributed when children reach a set age (for example, 21 or 25).
Protect your children with a UAE will that expresses your guardianship wishes. Start online from AED 749, drafted by experts, registered with the ADJD.
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Aanchal Adhikari (Advocate, LL.B., LL.M. (Cand.))
Senior Specialist & UAE Estate Planning Advocate
Aanchal Adhikari is a Nepal-licensed Advocate with 4+ years of legal practice, specialized in ADJD Wills, DIFC wills, and UAE inheritance. She has drafted and overseen 800+ ADJD Wills in the UAE and is currently pursuing an LL.M. at Middlesex University Dubai.
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