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If you are a parent living in the UAE, naming a guardian in a registered will is the most reliable way to choose who raises your children if you pass away. Without one, a UAE court decides, and the outcome may not match your wishes.
This guide explains how guardianship works in the UAE, the difference between interim and permanent guardians, and how to register a guardianship will.
Why you need a will to appoint a guardian
An informal letter or a note in a family WhatsApp group is not enough. A UAE court can set it aside.
If both parents die without a registered will, the court appoints a guardian based on local law. For expat families, this can mean delays, travel and visa complications, and a decision that does not reflect what you would have chosen. Our guide to will writing in Dubai explains what a registered will does and does not cover.
A registered will carries real legal weight. It tells the court who you want to care for your children, so your wishes lead the process instead of being left to chance.
Custody and guardianship are not the same
In the UAE, these are two separate roles, and it helps to know the difference.
Custody is the day-to-day care of the child, such as housing, schooling and daily needs. Guardianship covers the bigger decisions and the child's legal and financial interests.
When you name a guardian in your will, you are appointing the person who takes legal responsibility for your children if you are gone. This is the role this guide focuses on.
Interim and permanent guardians
A good guardianship will names two kinds of guardians, and this is the part many parents get wrong.
An interim guardian is someone local who can step in straight away. This is usually a trusted family member or close friend living in the UAE. They care for your children in the first days and weeks.
A permanent guardian is the long-term carer who makes the major decisions about where your children live and go to school. This is often a relative who lives abroad.
The gap between the two matters. If your only chosen guardian lives overseas, your children could be left without a recognized carer in the UAE until that person can travel and be appointed. Naming a local interim guardian closes that gap.
You can also name backup guardians in case your first choice cannot act.
How to register a guardianship will in the UAE
You register a will with a UAE court that handles guardianship appointments. You can choose a guardianship-only will, which deals purely with appointing guardians, or fold guardianship into a full will that also directs your assets.
Here are the main steps:
Decide if you need a single will or mirror wills. Mirror will let both parents register at the same time, usually at a lower combined fee.
Choose your interim and permanent guardians, and confirm they agree.
Name backup guardians.
Have the will drafted correctly. A will that misses the court’s requirements can be unenforceable.
Register and witness the will with the chosen registry.
Guardianship appointments must also comply with UAE public policy, so legal guidance helps your will hold up when it is needed. A will service can tell you which registry fits your family and handle the process for you.
Frequently asked questions
Who can appoint a guardian in a UAE will?
Parents with children or assets in the UAE can appoint a guardian through a registered will. A will service can confirm the right type of will and registry for your family.
Can I appoint a guardian who lives abroad?
Yes. Many parents name a permanent guardian who lives overseas. It is wise to also name a local interim guardian who can care for your children immediately.
What happens if I do not name a guardian?
A UAE court decides who becomes your children's guardian, based on local law. The result may not match what you would have chosen.
Will a guardianship cover my assets too?
A guardianship-only will covers just the appointment of guardians. To direct your assets as well, you need a full will.
Protect your children's future
Appointing a guardian is one of the most important steps a parent can take. The right will makes your wishes clear and legally recognized, so your children are cared for by the people you trust.
PRYPCO Will Service helps you choose the right type of will and register it correctly, with qualified legal support. Speak to PRYPCO Will Service to get started.
This article is general information and not legal advice. Guardianship rules, eligibility and fees are set by UAE authorities and the relevant courts and can change. Speak to a qualified legal professional about your own situation.
