Guardianship wills are important legal documents for parents in Dubai, ensuring that their children are cared for in case of an untimely death. These wills specify who will take responsibility for minor children, offering peace of mind that their future is secured. It is essential for parents to understand the process and the importance of guardianship in Dubai’s legal framework, especially when dealing with DIFC wills and probate, which provide a clear structure for inheritance matters.
Why guardianship wills are important:
Guardianship wills are particularly important for parents of minor children. Without a guardianship will, there is a risk that the child could be placed under the care of a relative or person who may not align with your parenting values or preferences. In the absence of clear instructions, Dubai’s Sharia law may be applied, which could result in a decision that you would not have intended. A guardianship will allow parents to clearly specify who should take legal responsibility for their children, offering peace of mind that your wishes will be followed.
DIFC wills and probate for non-Muslims:
For non-Muslim expatriates, registering a guardianship will with the DIFC Wills and Probate Registry is a practical option. The DIFC registry allows non-Muslims to create a legally binding will that is recognized in Dubai courts. This will include your estate and also the care and custody of your children. By registering your guardianship will with DIFC, you ensure that the legal guardianship process aligns with your wishes and protects your children’s future, regardless of your nationality.
The legal process of creating a guardianship will:
Creating a guardianship will in Dubai involves a few key steps. First, you must choose a suitable guardian, someone who you trust and who shares your values. It is important to discuss this decision with the chosen guardian beforehand to ensure they are willing to take on this responsibility. Once you have made your decision, you can register the guardianship will with the appropriate authorities, such as the DIFC Wills and Probate Registry for non-Muslims, to ensure its legal validity.
Considerations for expatriates:
For expatriates, the guardianship will is particularly important due to the varying laws that govern inheritance in Dubai. Without a clear legal framework in place, expatriates might face challenges when it comes to the custody of their children. By creating a guardianship will, expatriates can ensure that their children are cared for by someone they trust, avoiding complications related to legal guardianship and the application of Sharia law.
