How to Name a Guardian for Your Children in the UAE

Naming a guardian for your children in a registered will is how you choose who raises them if you cannot. Without one, a UAE court decides, and its choice may not be the person you would have picked. Non-Muslim residents can make this choice in a will registered through the DIFC, Dubai Courts or the Abu Dhabi Judicial Department (ADJD).

Key takeaways

• Non-Muslim residents can choose a guardian for your children by naming one in a registered will. Any adult over 18 can be named.
• The named guardian is usually a backup: it applies if no surviving parent or existing guardian can act.
• Without a named guardian, the Personal Status Court decides, and acts as the guardian of last resort.
• A will in a drawer or a home-country will may not settle who raises children who live here.
• Naming a guardian does not by itself decide who manages the money you leave your children.
• Review it after a new child, a move, a divorce or a change in your guardian’s life.

What does a guardian for your children actually do?

A guardian makes the major decisions about a child’s upbringing: schooling, healthcare, travel and where the child lives. Day-to-day care sits with whoever the child lives with. Your will names the guardian for your children, the person you trust to take on that role.

Most parents never need it. The reason to name one is that nobody can predict the exceptional case, and the cost of having no answer falls on your children.

What happens to your children if you die without naming a guardian?

If a child has no parent or guardian able to act, the court steps in.

• The Personal Status Court decides. It has jurisdiction where the child lives, and acts as the guardian of last resort.
• Your family waits. A relative or friend has to apply, and the court checks that the proposed person is suitable before it appoints anyone.
• Default rules may point somewhere you did not choose. Some sources say Sharia-based rules can favour paternal relatives. Others say the court weighs the child’s welfare. Either way, you lose the right to choose.
• Your children stay in limbo at the moment they most need stability.

Who can name a guardian, and who can you name?

You can name a guardian if you are a parent with parental responsibility and your child lives with you in the UAE. You can name any adult over 18, a relative, a friend or a couple. The court still checks that the person is suitable: of sound mind, financially able and free of any conflict with the child.

A named guardian usually works as a backup. If the other parent survives, that parent normally continues to care for the child. Your choice applies if both parents die, or if no other parent or guardian can act.

How do you appoint a guardian for your children in the UAE?

You name your guardian inside a registered will. Registration is what makes the choice count: it puts your wishes on an official record the courts can rely on.

1. Choose a guardian for your children and, ideally, a backup in case the first cannot act.
2. Pick a registry. Parents based in Dubai with minor children often choose the DIFC Wills Service Centre. Dubai Courts and the ADJD are the other routes. Our guide to will registration in the UAE compares the three.
3. Draft the will so the guardian clause is clear, including how you want your children raised.
4. Register it. The DIFC Courts Wills Service and the other registries offer online or video routes, so you can usually finish without a visit.

What should you think about before choosing a guardian?

Pick the guardian for your children who fits their lives, not just the person closest to you.

• Talk to them first. A guardian who learns about the role for the first time at your funeral is a weak plan.
• Think about where they live. A guardian abroad may need your children to move countries.
• Name a backup. One person’s circumstances can change.
• Separate care from money. The person who raises your children is not automatically the person who should manage what you leave them. Your will can name an executor for the assets.
• Revisit it. Review your choice after a new child, a divorce, or a major change in your guardian’s life.

Common mistakes when naming a guardian for your children

• Not naming a guardian for your children. The default is a court decision.
• Relying on a home-country will. It may not settle who raises children who live in the UAE.
• Naming a guardian but never registering the will. An unregistered document gives your family one more thing to prove.
• Naming a guardian without asking them. They can decline when the time comes.
• Never updating it. Children grow up, friendships change and people move.

How Legal Cover helps with guardianship

We draft your will with a clear guardian clause and a backup, confirm which registry fits your family, and arrange registration, all online. Our wills and succession service is built for parents who want a plan in place without an expensive legal process.

Not sure how to word it, or who to name? Talk to our wills team and we will walk you through your options.

Frequently asked questions

Can I name a guardian in my will if I am not Muslim?

Yes. Non-Muslim residents can name a guardian in a will registered with the DIFC, Dubai Courts or the ADJD. A registered will is how you name a guardian for your children and replace the default court decision with your own choice.

Who raises my children if my spouse is still alive?

Normally your spouse, as the surviving parent. A guardian you name in your will usually applies only if both parents die, or if no other parent or guardian can act.

Can I name a friend instead of a relative?

Yes. You can name any adult over 18. The court still checks that the person is suitable before it confirms them.

Does a guardian for your children named in a foreign will count in the UAE?

Not automatically. A home-country will may not decide who raises children who live here. Registering a UAE will alongside it is usually safer, as long as the two do not contradict each other.