Guardianship Provisions That Hold Up
Guardianship is the provision that clients agonise over most, and that foreign Wills handle least well in the UAE context. A nomination drafted in London or New York, however well-intentioned, may not be honoured by a UAE court considering the welfare of a child resident in the Emirates at the time of the parents' death.
The DIFC Wills Service offers a dedicated Guardianship Will, which can stand alone or accompany a full estate Will. It permits the parent to appoint both an interim guardian, who may take immediate care of the child following the death, and a permanent guardian, who assumes long-term responsibility. The two need not be the same person, and in many cases the practical choice differs.
The drafting requires care. Provisions must address the child's residence, schooling, religious upbringing where relevant, and the financial arrangements that accompany the appointment. A guardian who is asked to relocate or to fund care from his own pocket is far more likely to decline the role.
Done properly, the Guardianship Will is the single most important document a parent of minor children will sign during their years in the UAE. Done badly, or not at all, it is the omission whose consequences are felt most acutely.
Written by the solicitors of LEX Services for the senior expatriate reader.
Cross-Border Estates: Coordinating with Counsel Abroad
A practical guide to harmonising Wills across jurisdictions without the contradictions that derail probate.
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