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.
Requirement of Will in UAE
Types of UAE Wills
- Types of UAE Wills
- 5 reasons for making a DIFC Will
- 3 considerations for your Will in Dubai
- Register your DIFC Will from Home
- Make a Will in Ras Al Khaimah
Things to Consider
Common Questions
- What is a Will?
- Why do I need a Will in UAE?
- What is a Notary Public Will?
- What is a DIFC Will?
- What is a Legal Inz’s online Will form?
- What is a Single Will?
- What are Mirror Wills?
- Are the bank accounts frozen at death?
- What is a probate?
- Distribution of real estate in the UAE
- What if I already have a Will in my home country?
- Who is the executor?
- Who can be a beneficiary?
- What are the typical assets passed in a Will?
- The case of life insurance
- The case of shares in companies
- Appointing guardians in a Will
- Resolving debts in a Will
- Can I amend my Will?
- Is it possible for me to withdraw my Will in UAE?
- Is there any inheritance tax in the UAE?
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