Guardianship for Minor Children in a UAE Will: What Expat Parents Need to Know

Of everything a UAE will can address, guardianship for minor children is one of the most personal and important considerations for expat parents.

Many parents assume that if something happens to them, their children will automatically be cared for by the person they would have chosen. However, guardianship arrangements can involve legal and judicial considerations, particularly when the family lives in one country while relatives live elsewhere.

For UK, US and GCC expat families living in the UAE, understanding guardianship in a UAE will can help parents formally document their wishes and plan for their children’s future.

Why Does Guardianship Matter for Expat Families?

Expat families often have grandparents, siblings or close relatives living outside the UAE.

A parent may already know exactly who they would want to care for their children if they were no longer able to do so.

However, simply discussing this preference with family members does not provide the same level of formal documentation as making appropriate legal arrangements.

A properly prepared and registered UAE will with guardianship provisions can provide a clear record of the parents’ wishes, subject to applicable UAE law and the oversight of the relevant authorities and courts.

This can be particularly important when:

• Both parents are living in the UAE

• Children are under the age of majority

• Potential guardians live outside the UAE

• The family has international connections

• Children have UAE residency

• Parents want their children to relocate to another country

• Parents have assets that need to be managed for their children

What Does Guardianship in a UAE Will Cover?

A guardianship provision can allow parents to formally state who they wish to care for their minor children if guardianship becomes necessary.

Depending on the applicable legal framework and the structure of the will, parents may also address related practical considerations.

These can include:

• Naming a primary guardian

• Naming an alternate or backup guardian

• Stating preferences about where the children should live

• Providing guidance about relocation to another country

• Addressing the management of assets intended for children

• Providing relevant information about the children’s care and upbringing

The exact legal effect of each provision depends on the applicable UAE law and the requirements of the relevant will registry.

Can You Nominate a Guardian Who Lives Outside the UAE?

For many expat families, the preferred guardian may live in their home country.

For example, parents living in Dubai may want a grandparent or sibling in the UK, US or another country to care for their children if necessary.

It may be possible to nominate a person who lives outside the UAE, depending on the applicable requirements and circumstances.

However, parents should consider the practical implications carefully.

These may include:

• Whether the proposed guardian is willing to take responsibility

• Whether the children would relocate internationally

• Travel arrangements

• Immigration and residency requirements

• Education and healthcare arrangements

• Management of the children’s assets

• The relationship between the guardian and children

These issues should be discussed with an experienced legal professional when preparing your guardianship UAE will arrangements.

Guardianship Will vs Full Will: Which Do You Need?

When considering a UAE will with guardianship, parents may have different options depending on the registry and their circumstances.

A dedicated Guardianship Will may focus primarily on arrangements for minor children.

A Full Will, on the other hand, can address guardianship alongside broader estate-planning matters.

For example, a Full Will may address:

• UAE property

• Bank accounts

• Business shares

• Investments

• Other assets

• Beneficiaries

• Guardianship arrangements

Many parents prefer broader estate planning because it allows family and financial arrangements to be considered together.

However, the appropriate structure depends on your individual circumstances and the options available through the relevant registry.

What Happens Without a Registered Guardianship Nomination?

If parents have not made appropriate guardianship arrangements, questions about who should care for minor children may need to be addressed through the relevant legal and judicial processes.

This can create uncertainty for families at an already difficult time.

The absence of a documented nomination does not mean that children will simply be left without care. The relevant authorities and courts have processes for dealing with guardianship matters.

However, parents may prefer to formally express their wishes in advance rather than leaving the decision entirely to circumstances that arise after their death.

This is one of the key reasons why guardianship in a UAE will can be an important part of family estate planning.

Choosing the Right Guardian: What Should Parents Consider?

Choosing a guardian requires more thought than simply selecting a close relative.

Parents should consider the person’s relationship with their children and their practical ability to take on the responsibility.

Important considerations include:

Relationship With Your Children

Choose someone who already has a strong, positive relationship with your children and understands their personalities and needs.

Location

Consider where the proposed guardian lives and whether the children would remain in the UAE or relocate to another country.

Willingness to Take Responsibility

A person should not be nominated without first discussing the role with them.

Guardianship can involve significant emotional, financial and practical responsibilities.

Financial and Practical Capacity

Consider whether the proposed guardian can realistically manage the responsibilities associated with caring for your children.

Family Circumstances

The guardian’s own family situation may also be relevant.

Their employment, location, children, housing and other responsibilities could affect their ability to take on guardianship.

Values and Parenting Preferences

Parents may also want to consider whether the proposed guardian’s approach to education, family life and upbringing broadly aligns with their own wishes.

Why Should You Name an Alternate Guardian?

Naming only one potential guardian can leave an important gap in your planning.

Circumstances can change. Your chosen guardian may move abroad, become unable to take responsibility or decide that they can no longer fulfil the role.

For this reason, parents may wish to nominate an alternate guardian where the relevant legal framework permits it.

The alternate guardian provides another person who can be considered if the first choice cannot fulfil the role.

Discussing both the primary and alternate nominations with the people involved can help avoid surprises later.

Can Both Parents Name Different Guardians?

Parents should carefully coordinate their guardianship wishes.

If each parent names a completely different person without discussing the arrangements, this could potentially create uncertainty or conflict.

Many families therefore choose to agree on a primary guardian and, where appropriate, an alternate guardian.

The exact legal effect of different nominations can depend on the applicable law and the wording of the registered documents.

Parents with different preferences should obtain professional legal advice before finalising their wills.

What About the Children’s Assets?

Guardianship planning can also involve financial considerations.

Minor children may inherit money, property or other assets.

Parents should therefore consider how assets intended for their children will be managed until they reach the relevant age.

The appropriate structure can depend on the type of asset, the applicable law and the terms of the will.

A legal adviser can explain how these provisions can be incorporated into an overall estate plan.

How Often Should You Review Your Guardianship Arrangements?

A guardianship nomination should not necessarily be treated as something you prepare once and never revisit.

Family circumstances can change significantly over time.

Consider reviewing your arrangements after events such as:

• Birth of another child

• Death of a nominated guardian

• Marriage or divorce

• Moving to another country

• A guardian moving abroad

• Changes in your relationship with the nominated guardian

• Changes to your children’s needs

• Major changes in your financial circumstances

Regular reviews help ensure that your UAE will guardianship arrangements continue to reflect your current wishes.

Common Mistakes Expat Parents Make

Assuming a Home-Country Will Is Enough

A will prepared in the UK, US or another country may not automatically deal with UAE guardianship matters in the way parents expect.

International estate planning should be reviewed carefully.

Naming Someone Without Asking Them

Do not assume that a relative or friend will automatically agree to become a guardian.

Discuss the responsibility with them before making the nomination.

Failing to Name an Alternative

Having a backup option can provide additional planning flexibility if the primary nominee becomes unable to act.

Ignoring International Relocation

If your chosen guardian lives abroad, consider how your children’s relocation would work in practice.

Waiting Until Later

Parents sometimes postpone guardianship planning because they assume they have plenty of time.

Estate planning is most useful when it is completed before it becomes urgent.

Frequently Asked Questions

Is guardianship in a UAE will legally binding?

A properly registered guardianship nomination can provide significant evidence of a parent’s wishes. However, guardianship remains subject to applicable UAE law and the oversight of the relevant authorities and courts.

Can I nominate a guardian who lives outside the UAE?

Depending on the applicable legal framework and circumstances, parents may be able to nominate someone who lives outside the UAE. The practical implications of international relocation should be considered carefully.

Should both parents nominate the same guardian?

Parents should ideally discuss and coordinate their wishes to minimise potential uncertainty. A primary guardian and an agreed alternate can provide a clearer plan.

Can I name an alternate guardian?

Depending on the applicable will structure, parents may be able to name an alternate guardian in case their first choice cannot take responsibility.

Do I need a separate Guardianship Will?

Not necessarily. Depending on your circumstances and the available registry options, guardianship can potentially be addressed through a dedicated Guardianship Will or included within a broader Full Will.

Can a guardianship will cover all my children?

A guardianship arrangement can generally be structured to address the family’s minor children, but the precise wording and legal requirements should be confirmed with a qualified adviser.

Should I review my guardianship arrangements?

Yes. Parents should consider reviewing their arrangements after major changes to their family circumstances, residence, relationships or nominated guardian.

Protect What Matters Most

For expat parents, guardianship in a UAE will is about more than paperwork.

It is about making your wishes clear regarding who you would want to care for your children if you were no longer able to do so.

A properly prepared estate plan can address guardianship alongside property, bank accounts, business interests and other assets, creating a more comprehensive plan for your family’s future.

Klay Consultants works with legal partners to help expat parents understand their UAE will and guardianship options and coordinate the relevant registration process.

If you have minor children living in the UAE and have not yet documented your guardianship wishes, consider seeking professional advice about your options.