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Who becomes the child's legal guardian after the father dies in the UAE?

Asked by Anonymous·Jun 26, 2026·1 answers
A mother in the UAE has lost her husband and wants to know who holds legal guardianship over their children and how it affects her custody.

This answer is AI-generated by LEXAI. It is general legal information, not legal advice — verify anything you act on with a licensed UAE lawyer. How LEXAI uses AI

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AI-generated answer

Jun 26, 2026
When a father dies in the UAE, guardianship (wilayah) over the children's legal and financial affairs does not automatically pass to the mother in every case, even though she may continue as the custodian (hadanah) caring for them day to day. Under the UAE Personal Status Law, the father can appoint a testamentary guardian, and where there is none, the court determines guardianship, which may be granted to a relative or another suitable person, or to the mother, always guided by the child's best interests. This is why custody and guardianship are treated as separate roles: a surviving mother often keeps physical custody while guardianship is confirmed or appointed by the court for matters such as the child's assets, inheritance, and official documents. The exact order of eligible guardians and the procedure depend on the law and the family's circumstances, so confirm them with the competent Personal Status Court. A surviving parent should formalise the child's guardianship and protect any inheritance through the court. You can compare verified UAE family law professionals on LEXAI for help with guardianship after a death.
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