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It is prudent practice to make provisions for the appointment of Guardians, both “interim guardians” and “Permanent Guardians” in case of minor children. Failure to make such provisions may leave children exposed to uncertainty in terms of their caretaker in the absence of both natural parents.
A Temporary Guardian is usually a person, nominated by the natural parents of the minor child, who is available in the UAE to care for the minor child on an immediate basis, up until the child is united with the Permanent Guardian.
A Permanent Guardian is usually a family member who lives overseas, perhaps in the testator’s home country, and is nominated by the natural parents of the minor child to care for child on a more permanent basis.
A Guardianship Letter in the UAE may be a more suitable option for people who do not wish to make a Will but would like to set up Guardianship instructions re their minor children. A Guardianship Letter is a private declaration which is intended to serve as an interim document regarding guardianship of minor children. This option may be more suitable for some clients. As the Guardianship Letter is an interim document, it aims to safeguard your children and the interim guardians in the event of both parents being deceased and any questions being raised as to the authority of the interim guardians. Please note a Guardianship Letter is not considered as a Last Will and it is accordingly recommended you complement the Guardianship Letter with a duly executed Last Will and Testament as per the laws of your home country and mirror the guardianship instructions in both documents.
Note: Please note that registration or notarization of guardianship letters is not required as it is a privately declared instrument.
Please consider the above options before completing your Wills questionnaire
Requirements for this Type of Will:
- Available to both Muslim and non-Muslim clients.
- Testator must be of at least 21 years of age
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