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GUARDIANSHIP

The care of minor children where one of the parents has died may not automatically fall to the surviving parent for example where the child is adopted or a stepchild of the surviving parent. Under UAE Federal Law 28 of 2005 concerning Personal Status, only the father has the right to appoint a guardian for any of his minor children.

 

Within the local law, parenting is split into two spheres: tutelage (which includes guardianship) and fostering. Tutelage is the right of the father and the male line whilst fostering is the right of the mother and the female line. It is possible for the father to appoint the mother as a guardian or another person if she has predeceased him.

 

It is sensible to appoint temporary guardians for minor children resident in UAE whilst they await the arrival of their legal guardians appointed under your Will.

 

Complications arise where there is no Will. Under local law, the child will be a beneficiary of the deceased’s parent’s estate which is within UAE. This can result in lengthy and expensive legal action if challenged which may not prove to be successful.

 

Practical formal legal steps which can be taken are the registration of a guardian appointment letter with the local court and a Guardianship Will written under the DIFC. For more information on this important area, please contact us.

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WHAT HAPPENS IF I DO NOT HAVE A WILL?

In England & Wales, where no Will exists the deceased will be treated as having died ‘intestate’. For assets in the UK, married couples with children have a right to all of their deceased spouse’s personal effects as well as the statutory legacy sum (up to £322,000 from 26th July 2023). If the estate is worth more than the statutory legacy sum, 50% of the excess is passed to the surviving spouse and the remaining 50% is distributed equally between the deceased’s children. This can cause problems. For instance, where the main asset is the matrimonial home and one of the children wants their inheritance causing the property to be sold.

Where there are assets in UAE and there is no Will the situation is complex for expatriates, multiple factors such as family structure, type of asset, and the religion of the deceased are taken into consideration when the courts decide how to distribute the deceased’s assets. Recent changes in federal legislation have sought to improve clarity for non-Muslims and time will tell how each Emirate adopts the federal law.

For further information, please contact us.

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