Guardianship Provisions in UAE Wills: A Guide for Expat Parents

Introduction

For expatriate parents in the UAE, ensuring the welfare of minor children is a top priority. Under Sharia law , guardianship typically defaults to the father’s family, even if the mother is alive, creating emotional and logistical challenges. The Dubai International Financial Centre (DIFC) Wills Service Centre provides a solution, allowing non-Muslim expats to legally appoint guardians for their children. This article explains how to incorporate guardianship provisions in UAE wills , including eligibility, process, and real-world applications.

Legal Framework for Guardianship in UAE Wills

Sharia Law Default Guardianship

In the absence of a registered will, UAE courts apply Sharia principles for guardianship:

Father’s family assumes custody after a husband’s death.
Mother does not automatically gain guardianship unless explicitly stated.
If both parents pass away, guardianship often goes to the father’s side of the family .

This default allocation may conflict with expat parents’ wishes, particularly if they prefer a different guardian (e.g., a sibling, grandparent, or close friend).

DIFC Will Registration for Guardianship

The DIFC Wills Service Centre , established in 2015, allows non-Muslim expats to:

Appoint legal guardians for minor children.
Ensure guardianship aligns with parental preferences.
Bypass Sharia’s rigid frameworks.

Eligibility Criteria :

Testator must not be Muslim .
Must be 21+ years old .
Minor children must be habitually resident in the UAE .
Assets covered must be located in Dubai or Ras Al Khaimah (since 2019, worldwide assets are also eligible).

Case Example : A UK expat mother registered a DIFC Guardianship Will to ensure her children were cared for by her sister if she passed away, avoiding potential disputes under Sharia law.

Step-by-Step Process for Including Guardianship Provisions

Step 1: Consult a Legal Expert

Engage specialists like Tassheel Legal Docs to:

Ensure compliance with DIFC regulations.
Structure clauses to protect children and assets.

Step 2: Draft the Guardianship Will

Key components include:

Guardian’s details : Full name, contact info, and consent to act as guardian.
Asset allocation : Specify funds for the child’s education, housing, and daily needs.
Contingency plans : Appoint alternate guardians in case the primary guardian declines.

Pro Tip : Use bilingual (Arabic-English) documents for clarity, though DIFC accepts English-only wills.

Step 3: Submit via DIFC Portal

Required Files :
- Passport copies of testator and beneficiaries.
- Birth certificates of minor children.
- Proof of UAE residency (visa or rental contract).
- Existing Power of Attorney (if applicable).

Step 4: Sign with Witnesses

Process : Conducted in person or virtually.
Witness Requirements : Two adults aged 21+ must attend.
Authentication : DIFC registers the will, making it legally binding.

Step 5: Receive Registration Confirmation

Processing Time : Completed within 2 business days .
Validity : Enforceable across UAE courts.

Types of DIFC Wills Covering Guardianship

1. Guardianship Will

Focus : Explicitly appoints guardians for minors.
Limits : Covers up to five children.
Best For : Parents prioritizing child custody arrangements.

2. Full Will

Includes : Guardianship, asset distribution, and business succession.
Global Coverage : Since 2019, can cover worldwide assets.

3. Financial Assets Will

Focus : Bank accounts and investments for minor children.
Limits : Up to ten accounts regulated by the UAE Central Bank.

4. Business Owner’s Will

Focus : Ensures structured succession of company shares and guardianship.

Required Documents for Guardianship Provisions

Passport Copies of testator, guardian, and children.
Birth Certificates of minor children.
Residency Proof : UAE visa or rental contract.
Existing Will : If modifying a prior document.
Medical Insurance : For the guardian’s stay in the UAE.

Pro Tip : Use Tassheel Legal Docs’ checklist to verify completeness.

Case Study: Securing Guardianship for a UK Mother

Client’s Situation :
A UK-based mother of two faced the risk of her children being placed with her ex-husband’s family under Sharia law.

Challenges :

Default Guardianship : UAE courts favored the father’s family.
Language Barriers : Arabic-only requirements for UAE Court wills.
Complexity : Lengthy court proceedings for foreign wills.

Our Solution :

DIFC Guardianship Will : Drafted to appoint her sister as guardian.
Document Preparation : Submitted birth certificates, passport copies, and residency proof.
Virtual Signing Ceremony : Completed in 2 days with two witnesses.

Results :

Guardianship Enforced : Children remained with the mother’s sister.
Asset Protection : Funds were allocated for education and living expenses.
Peace of Mind : Avoided prolonged legal battles.

Lessons Learned :

Proactive Planning prevents family disputes.
DIFC Will Registration ensures enforceability of guardianship clauses.

Common Pitfalls and How to Avoid Them

1. Assuming Home Country Wills Apply

Issue : UAE courts often reject foreign wills unless registered with DIFC.
Solution : Register a DIFC will to override Sharia defaults.

2. Incomplete Documentation

Issue : Missing birth certificates or residency proofs delay processing.
Solution : Use Tassheel’s checklist to prepare files in advance.

3. Language Errors

Issue : Non-English documents require translation, increasing costs.
Solution : Draft wills in English (DIFC’s primary language).

4. Ignoring Tax Implications

Issue : Post-2026 corporate tax affects inheritance.
Solution : Include tax-efficient asset distribution clauses.

5. Delayed Updates

Issue : Failing to update wills after major life events (e.g., divorce).
Solution : Review wills every 3–5 years or after life changes.

Benefits of DIFC Guardianship Clauses

Legal Protection : Recognized by UAE courts.
Full Control : Appoint trusted individuals as guardians.
Business Succession : Combine guardianship with share transfers.
Global Coverage : Include assets and guardianship across jurisdictions.
Streamlined Probate : English-language proceedings reduce delays.

Example : A UAE-based engineer registered a DIFC Guardianship Will to ensure her children were raised by her parents in the UK, bypassing Sharia’s default rules.

How Tassheel Legal Docs Can Help

At Tassheel Legal Docs , we specialize in guardianship provisions:

Custom Drafting : Tailored to family dynamics and asset portfolios.
Government Liaison : Direct coordination with DIFC Courts.
Notarization Services : QR-code authentication within 24 hours.
Post-Amendment Updates : Notify banks, immigration, and schools of changes.

Our team ensures your expat family protection strategy is enforceable and compliant.

Post-Registration Procedures

Executor’s Role

The nominated guardian must:

Apply to DIFC Courts for probate.
Provide death certificate and will copy.

Probate Process

Application : Directly to DIFC Courts.
Timeline : 3–6 months (vs. 1–2 years for UAE Court wills).

Asset Distribution

Bank Accounts : Release funds upon executor’s submission.
Real Estate : Update Land Department records.
Business Shares : Transfer via MOA amendments.

Comparison: DIFC vs. UAE Court Guardianship

Aspect	DIFC Will	UAE Court Will
Governing Law	Common Law (English principles)	Sharia Law (fixed inheritance shares)
Language	English (no translation required)	Arabic (translation mandatory)
Guardianship Clauses	Explicitly permitted	Complex under Sharia law
Probate Timeline	3–6 months	1–2 years

Key Insight : DIFC wills offer expats certainty and control over guardianship.

Conclusion

Including minor children will provisions in a DIFC will ensures expat parents retain legal authority over guardianship. By leveraging DIFC’s framework, families can avoid the rigid defaults of Sharia law and secure their children’s future.

For expert assistance, contact Tassheel Legal Docs to navigate the child guardianship UAE process seamlessly.