DIFC vs ADJD Wills for Parents: Guardianship Questions to Consider

For parents living in the UAE, making a will involves more than deciding who inherits their property or savings. It also means considering who would care for their children if they were to pass away, particularly if their family has no close relatives living nearby.

Without clear arrangements, parents may face uncertainty about guardianship, their children’s living arrangements, and the legal steps required after their death.

Here are the key guardianship questions parents should consider when comparing DIFC Wills and ADJD Wills.

1. Can You Register This Type of Will?

The DIFC Courts Wills Service is available to adults aged 18 or over who are not, and have never been, Muslim, and who own assets in the UAE or have minor children living in the UAE. Its rules specifically provide for guardianship appointments.

Abu Dhabi Judicial Department (ADJD) offers civil will registration through its Civil Family Court. It allows non-UAE nationals to register a civil will regardless of religion. The application is submitted to ADJD, reviewed, and then proceeds to an appointment for the will to be certified and notarised.

2. Does the Will Cover Guardianship, Assets, or Both?

This is one of the most important questions for parents. The DIFC Courts offer a dedicated Guardianship Will for appointing guardians, as well as a Full Will that can cover assets and include guardianship provisions.

The DIFC Courts state that guardianship provisions in these wills relate to minor children residing in Dubai or Ras Al Khaimah.

ADJD wills, meanwhile, follow a separate civil will registration process. Parents should confirm whether their intended guardianship arrangements can be included and what legal effect those provisions would have.

They should also establish whether separate arrangements are necessary to address their children’s care after their death.

3. Who Would Care for Your Children?

Before naming a guardian, consider who could provide a stable home and meet your children’s day-to-day needs. Discuss the responsibility with the person you intend to appoint and consider their health, age, location, family circumstances, values, and relationship with your children.

Consider whether the guardian could move or the children would need to relocate, whether siblings could remain together, and who could care for them immediately. These questions matter when relatives live outside the UAE.

Under the DIFC process, the Courts may issue interim and permanent guardianship orders after a parent’s death, subject to the applicable rules, the nominee meeting eligibility requirements, and the appointment not conflicting with UAE public policy. A nomination does not guarantee an outcome in every circumstance.



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4. What Happens If Both Parents Die?

If both parents have parental responsibility, they should discuss their wishes together and consider whether each needs a separate will.

DIFC offers mirror wills for couples registering wills at the same time. Each document should reflect that parent’s instructions and work alongside the other.

Consider what happens if a nominated guardian cannot act or the parents die at different times. Ask about substitute guardians, interim arrangements, and required documents.

Review the will after major changes, such as a birth, relocation, separation, or a change in the nominated guardian’s circumstances.

5. Where Do Your Children Live, and Where Are Your Assets?

Residence matters. The DIFC Courts specifically refer to guardianship provisions for minor children residing in Dubai or Ras Al Khaimah. If your children live in another emirate, or you expect your family to relocate, confirm whether the intended will is suitable for your circumstances before registering it.

Your assets matter too. DIFC Full Wills can address estate distribution as well as guardianship provisions.

ADJD’s civil-wills guidance states that a will may cover assets outside the UAE, subject to the relevant rules and procedures. For overseas property or accounts, ask how the will interacts with local inheritance requirements and whether separate wills are appropriate.

6. When Should You Review Your Will?

A will should reflect your family’s current circumstances and intentions. Parents should review their arrangements after significant life changes,

such as the birth of another child, a change in residence, divorce, or the death or relocation of a nominated guardian. These events may affect whether the existing provisions remain suitable.

It is also worth checking whether the chosen registration option continues to meet your family’s needs, particularly if you move to another emirate or acquire assets overseas. Any amendments should follow the applicable registration requirements to ensure the updated arrangements are properly recorded.

Choose a Will That Reflects Your Family’s Needs

There is no single answer for every family. DIFC Wills provide an express route for eligible non-Muslim parents to appoint guardians, while ADJD offers civil will registration with its own eligibility rules and procedures.

The key is to verify the scope of each option rather than assume they provide identical protections.

Before registering, confirm eligibility, the treatment of guardianship, the children’s residence, and how the will would be implemented. A qualified professional can help you assess the rules that apply to your family and prepare a will that reflects your wishes.