For clients looking to address only the guardianship of their children in the event of their death, they can choose to register a pure Guardianship Will with the DIFC, ADJD and Dubai Courts Notary as its scope is limited to the appointment of guardians for minor children and does not include any instructions relating to distribution of assets or wealth. Please note to be eligible for the DIFC Guardianship Will, the DIFC should be able to establish habitual residence (of the children) in the Emirate of Dubai or Ras Al Khaimah. For the ADJD Will or Dubai Courts Notary Will, the children should be habitual residents in any of the seven Emirates in the UAE.
The Guardianship Wills make provisions for the appointment of Guardians, both “Interim Guardians” and “Permanent Guardians” for the care of minor children. Failure to make such provisions may leave infants and children of young age exposed to uncertainty in terms of their caretaker, particularly in the absence of both natural parents.
An Interim Guardian can be a person, nominated by the natural parents of the minor child, and can be someone who is available in the UAE to care for the minor child on an urgent basis, until whenever the child is united with their intended Permanent Guardian.
A Permanent Guardian is typically a family member who lives or might be living overseas, perhaps in the testator’s home country, and is jointly nominated by the natural parents of the minor child to care for the child on a permanent basis.