Ask expat parents why they finally registered a will and the answer is rarely money. It's the question of who would look after the children. In the UAE, a registered will is the clearest way to answer it in advance.
Why guardianship needs to be in writing here
If both parents die, or the surviving parent can't care for the children, a UAE court decides who takes responsibility for them. The court will always consider the children's welfare, but without a registered will it has nothing that tells it what you wanted. That can mean delays, disputes between relatives in different countries, and temporary care arrangements while it's decided.
A guardian named in a registered will is a clear, court-recorded statement of your wishes. It is the strongest thing you can give the court to work from.
Temporary and permanent guardians
Most UAE wills let you name two kinds of guardian:
- A temporary guardian who lives in the UAE and can step in immediately, for example a close friend or colleague here. They look after the children while longer-term arrangements are made.
- A permanent guardian who raises the children from then on. This is often a family member, and may live abroad.
Naming both matters because family members overseas can't always get to the UAE in days, and children shouldn't be left without an adult in the meantime.
Always name backups
People's lives change. The guardian you choose today might move, fall ill, or be unable to take on children when the time comes. Name at least one backup for each role, so the court doesn't have to start from scratch if your first choice can't act.
How to choose
A few questions help:
- Do they share your values and approach to raising children?
- Are they willing? Ask them directly before you name them.
- Where do they live, and would the children have to change country, school or language?
- Do they have the time, health and space to take on your children?
- If they're a couple, what happens if they separate? It's often clearer to name one person.
Guardianship and money are separate questions. The person best placed to raise your children isn't always the person best placed to manage their inheritance, and your will can name a different executor.
What you'll need
For each guardian and backup, you'll need their full name as it appears on their passport, their nationality and a copy of their passport. UAE-based guardians should also provide an Emirates ID.
Mirror wills for parents
Couples usually name the same guardians in both wills, so the arrangement holds whichever parent dies first. That's what mirror wills are for.
Frequently asked questions
Can I name a guardian who lives outside the UAE?
Yes. Many parents name a family member abroad as permanent guardian and someone in the UAE as temporary guardian.
Does naming a guardian guarantee the court will follow it?
The court always has the final say on a child's welfare, but a guardian named in a registered will is the clearest evidence of your wishes and is normally given significant weight.
Can I change guardians later?
Yes, by making and registering a new will. It's worth reviewing when your children's circumstances or your chosen guardian's circumstances change.
Do both parents need a will?
Yes. Each will only covers the person who makes it. If only one parent has a will, it doesn't help if the other parent dies first.
This guide is general information about UAE wills, not legal advice for your situation. Court fees and procedures change, so check the current position with the court before relying on a figure. Emirates Wills is not a law firm.