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Is it possible to register a will only for the care of children?
The DIFC indeed offers a simplified will to take into account only the guardianship of children resident with parents in Dubai or Ras-Al-Khaimah. Its cost is 50% lower than the full will.
From what age is a child of legal age?
A person of legal age from the age of 21.
Who can be the guardian of a child?
Anyone over the age of 21 can be appointed guardian of a child, regardless of their family ties or not with the child, their religion, nationality and country of residence, provided that this appointment complies with the law local (Sharia law).
Can a man be appointed guardian of a girl?
If he is not a blood relative, the guardianship of a minor girl by a man is contrary to the public policy of the Emirates and will therefore not be accepted by the judge. We advise in this case to appoint a couple.
Does the guardian have to be a resident of Dubai?
This is not required but we advise that the temporary guardian live in the Emirates near the children so that they can keep them as quickly as possible in the event of the death of both parents.
What is a temporary guardian?
A temporary guardian is a person appointed for the immediate custody of minor children following the death of both parents. The children are entrusted to him while the permanent guardian can provide custody of the children.
What is a permanent guardian?
A permanent guardian enjoys final custody of minor children. It is therefore legally authorized by default to leave the Emirates with children.
How many guardians can be appointed?
It is possible to appoint 2 temporary guardians and 2 permanent guardians and to foresee others in case they cannot fulfill their mission.
How is a guardian compensated for the costs related to the care and education of children?
An allowance for the guardian may be indicated in the will, which will be deducted from the assets to be distributed during the execution of the will.
Can the guardian be an heir?
Yes, absolutely. There is no restriction on this.
In the event of the death of both parents, is it possible for a child to leave the Emirates with a person not indicated in a will?
A minor child has a residence visa in the Emirates through the sponsorship of one of his parents. In the event of the death of this parent, the immigration authorities will cancel this person’s visa within 24 hours of knowing of the death. The child will then no longer be able to leave the Emirates until a judge issues an authorization to his guardian.
Is it possible to provide for the custody of children in a will in Dubai if their residence visa (and therefore that of their parents) has been issued by another Emirate (Ras Al Khaimah, etc.)?
This is possible on condition of proving that the parents reside well with the child within the Emirate of Dubai (rental of real estate, DEWA invoice, proof of schooling etc.)
Can a temporary guardian leave the country with a child?
This is ONLY possible if this authorization has been indicated in the will.
In case of the death of the parents, are the Dubai police and social services notified?
The DIFC is in the process of setting up a database allowing the police and social services of Dubai to know the guardians of a minor child. The database will contain surname, first name, telephone number and email of the guardian, which will allow them to act quickly to contact him.
It is advisable to provide a true copy of the will to the executor and / or temporary guardians.
