Appointment and responsibility of guardians under DIFC WPR Rules

How does the appointment of guardians and responsibility work under the DIFC WPR Rules?

The appointment of guardians under 21 years of age (minor child) is one of the most important features in the DIFC Wills.

Criteria for appointment

A guardian can be appointed in a Will registered with the DIFC Courts Wills Service (Wills Service) by a person registering the Will (Testator) if:
(1) he has parental responsibility for a minor child; and
(2) minor child habitually resides with him/her in Dubai or in Ras Al Khaimah.
Any person over the age of 21 years can be appointed as a guardian. The appointment should however be made in line with the DIFC Wills & Probate Registry Rules (DIFC WPR Rules), the public order and the law of the UAE.

When it takes effect

The guardianship shall only take effect if there is no other parent or guardian of the child alive at the date of the death of the person registering the DIFC Will (Testator).

Process after death of Testator

After the Testator’s death, the guardian is required to notify the Director of the Wills Service 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.
The DIFC Court shall make an order to confirm the formal appointment of the guardian.

Parental responsibility of guardian

The Guardian, on the appointment taking effect, have parental responsibility for the child. Parental responsibility means all the rights, duties, powers, responsibilities and authority which under the law 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.