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Guardianship Appointments for Minor Children

For parents of minor children, a will answers one question first: who raises them if both parents die. Without a registered appointment the court decides under the law it finds applicable, so the appointment names interim and permanent guardians in a Full Will or Guardianship Will under the DIFC Courts Wills Service.

SRAG Wills prepares the guardianship clause inside the will — separating care of the children from care of their share, naming backups, and completing each guardian’s Guardianship Statement for registration.

How guardianship is appointed

1

Choosing guardians

You choose who cares for your children day to day, and who looks after their share of the estate. They can be different people.

2

Writing the clause

We write the appointment in plain language inside your will, with backup guardians in case your first choice cannot serve.

3

Reviewing over time

Guardianship is reviewed whenever your family changes — a new child, a move, or a guardian who is no longer suitable.

Disclaimer: SRAG Wills is a wills consultancy, not a law firm or government body. Registration is completed with the DIFC Courts Wills Service or ADJD; estate and inheritance cases are filed with the Dubai Courts.

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Frequently Asked Questions

How do I appoint guardians for my minor children?

Inside your will, you name an interim guardian and a permanent guardian, and you can separate daily care from management of the child's share. The appointment records your wishes for the courts. Final decisions about children always rest with the courts.

What is the difference between a guardian and an executor?

A guardian cares for your minor children. An executor carries out the instructions in your will. One person can hold both roles, or you can split them.

What is the difference between an interim and a permanent guardian?

The interim guardian steps in immediately after death; the permanent guardian takes over for the long term. You name both in a Full Will or Guardianship Will, and each signs a Guardianship Statement as part of registration.

Does naming a guardian guarantee the appointment?

No — and this matters. On death the DIFC Courts can issue Interim and Permanent Guardianship Orders in accordance with the will, provided the nominated guardians meet the eligibility requirements and the appointment does not contravene UAE public policy. Final decisions about children always rest with the courts. A clear, registered appointment is the strongest statement you can make.

Where must my children live for the appointment to apply?

In Dubai or Ras Al Khaimah at the time of probate. DIFC guardianship provisions do not cover children in other emirates. Guardians and executors themselves need not be UAE residents.

Who can serve as a guardian?

Someone you trust who meets the eligibility requirements of the Wills Service Rules — and whose appointment does not contravene UAE public policy. Guardians and their spouses must not attend your signing appointment. Name backups — if your first choice cannot serve, the second stands ready.

When should I review the appointment?

Whenever the family changes — marriage, divorce, a new child, a move, or a guardian who is no longer suitable. Remember that a later marriage revokes the whole will unless intent to marry was stated in it, and divorce voids gifts to the ex-spouse.

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