Please see my note below regarding the recent changes to the appointment of guardians for minor children other than the Testator parent in a Guardianship Will or a Full Will. Guardianship is governed by section 86 of the DIFC Wills and Probate Registry Rules :

Guardians

(1) A Testator who has parental responsibility for a minor child who habitually resides with the Testator in the United Arab Emirates may appoint in accordance with the applicable law of the child a Guardian or Guardians of the child but subject always to the laws of the UAE.

(2) The guardianship shall, subject to that law, only take effect if there is no other parent or Guardian of the child alive at the date of the Testator’s death.

(3) After the Testator’s death, the Guardian shall notify the Registrar in writing stating whether he accepts the appointment or not and if he accepts he shall confirm that he will act in accordance with the applicable law and that he submits to the jurisdiction of the DIFC Courts.

(4) Subject to compliance with Sub-Rules (1) and (3), the Court shall make an order substantially in the form attached.

(5) Nothing in these Rules shall prevent the Court appointing a different Guardian for the child in accordance with the applicable law.

(6) No appointment of a Guardian shall be valid if such appointment would be contrary to the law and public order of the UAE.

(7) The Guardian shall on the appointment taking effect have parental responsibility for the child.

(8) “Parental responsibility” means all the rights, duties, powers, responsibilities and authority which under the laws of the UAE a father has in relation to the child and his property and includes the right to remove the child from the UAE and the DIFC.

As stated under section 86 (subsection 2) of the DIFC Wills and Probate Registry Rules- The guardianship shall, subject to that law, only take effect if there is no other parent or Guardian of the child alive at the date of the Testator’s death.

To comply with section 86 (subsection 2) requirement, the exclusion of the other parent’s guardianship rights must be supported by any of the following documents:

a. Death Certificate of the other parent;

b. Court Judgment granting the Testator or Testatrix the custody and guardianship rights;

c. Signed and Notarized Amicable Divorce Settlement Agreement (including a clause/s specifically giving custody and guardianship rights to the Testator or Testatrix); or

d. If the other parent’s whereabout is unknown, a dated and signed letter by the Testator or Testatrix addressed to the DIFC Courts Wills Service Centre stating the same. The letter must include a statement of truth.

Soma Gardi is the founding partner of SG Legal Consultants FZC, a specialised niche firm providing a bespoke service for clients requiring a DIFC Will. Please contact soma@sglegalconsultants.com for any further information.