Of all the clauses in an expatriate's will, the one that matters most is rarely about money. It is the clause that names the people who will raise your children if you and your partner are no longer here.
What happens without a nomination
If both parents die in the UAE without a registered guardianship nomination, the local courts decide. They are not obliged to send your children to a sibling, parent or close friend overseas. In the period between death and any final ruling, children can be placed in interim care that is rarely what any parent would choose.
Interim vs. permanent guardians
A well-drafted UAE will distinguishes between two appointments: an interim guardian (someone resident in the UAE who can take immediate physical custody) and a permanent guardian (often a family member overseas who will raise the children long term). Both are essential. One without the other leaves a dangerous gap.
Practical considerations
- ,Speak to your nominated guardians in advance, never assume
- ,Name a backup in case your first choice cannot serve
- ,Consider visa, schooling and financial provision for the children
- ,Review the nomination after every major life change
This article is provided for general information only and does not constitute legal advice. All Heirkin Legacy wills are drafted by our partner law firm, AZ&Co Legal, in line with current UAE regulations.