Now Offering Legal Services – Expert Guidance for Your Needs.

Enquire Now
15 April 2025 Blogs

Guardianship in the UAE: A Must-Know Guide for Expats with Children

Living in the UAE offers a wonderful lifestyle for families, but many expats don’t realise the importance of planning ahead when it comes to protecting their children’s future. One of the most overlooked areas is guardianship—what happens to your children if you or your partner were to unexpectedly pass away?

This guide is here to walk you through how guardianship works in the UAE, what happens without a Will, and why setting aside separate savings for your children is just as important.

Why Guardianship Matters—Especially in the UAE

As an expat, your home country’s laws won’t automatically apply in the UAE. If you pass away without a registered Will that outlines your guardianship wishes, the local law will apply instead—and that may not reflect what you would have wanted.

In such cases, local courts will step in to decide who takes care of your children. Without a clear plan, your children could end up in temporary state custody until legal arrangements are finalised, causing unnecessary stress during an already traumatic time.

Temporary vs. Permanent Guardianship

There are two types of guardianship you need to consider:

  1. Temporary Guardianship
    This refers to individuals—usually friends or relatives—who live in the UAE and can immediately step in to care for your children. Without someone physically present in the country, there can be delays and confusion, especially in an emergency situation.
  2. Permanent Guardianship
    This is the person or people you name to take care of your children long-term. They’re often based in your home country and would take over full guardianship once the legal process is complete.

Why both matter: Without temporary guardians, your children could be placed in foster care while the courts review permanent arrangements. Having both roles clearly defined in a registered Will ensures there’s no disruption to your child’s care.

Why a Separate Savings or Bank Account for Your Children Is So Important

Another point many families overlook is financial planning for their children. In the UAE, bank accounts—including joint ones—are often frozen when someone passes away. This means your child’s guardians may not have immediate access to funds for school fees, rent, or daily expenses.

Having a separate bank account or savings plan set aside specifically for your child ensures:

  • Quick access to funds during emergencies
  • No disruption to their education or lifestyle
  • Peace of mind knowing their financial needs are already taken care of

At Just Wills, we help expats outline these financial considerations clearly within their Estate Plan, making sure your wishes are honoured and your children’s future is secured.

What Happens If You Don’t Have a Will in Place?

If there is no registered Will in the UAE:

  • The courts will decide who takes custody of your children
  • Local laws may assign guardianship to someone you wouldn’t have chosen
  • Your children could be placed in temporary care while decisions are made
  • Bank accounts and assets may be frozen, making it difficult to access funds for your child’s needs

It’s not a risk worth taking. A Will is more than just a document—it’s your voice when you’re not there to speak.

Final Thoughts

If you’re an expat with children in the UAE, a properly drafted Will with guardianship provisions and financial planning isn’t just a nice-to-have—it’s a must. At Just Wills, we specialise in Will Drafting, Guardianship Planning, and Estate Structuring for expats living in the UAE. We’ll guide you through every step, from naming temporary and permanent guardians to helping you outline a clear financial safety net for your children.

CTA:
Want to make sure your children are protected, no matter what?
Book a consultation with our team today and take the first step toward securing your family’s future.

– Mohammad Marria | CEO & Founder