“It is not rightful for a Muslim person, if he has anything to bequeath, that he sleeps two consecutive nights without having a Will written with him.”
(Narrated Abdullah bin Umar Bukhari, Volume 4, Book 51, Number 1)
Almost everyone owns an estate. Your estate comprises everything you own such as your car, home, other real estate, checking and savings accounts, investments, furniture, personal possessions. What will happen to your estate when you die?
Death is the only constant and it is good to decide how your estate will be distributed while you’re still alive. This process is called estate planning. Muslims believe that Allah SWT is the owner of all wealth and property. Humans are just the trustees. Thus, the estate must be disseminated according to Allah’s commands, which promote justice and equity. There are many tools that can be used such as Syariah-compliant Wills, Nuzriah and
Writing a Will has many benefits. With a Will, you can:
- Ensure a faster, cheaper process upon death
- Choose Executors you trust to handle your affairs after you die
- Choose Guardians to raise your young children after both parents die
- Prevent potential family conflicts & fitnah
- Express ourselves to relations after death
If you do not write a Will or have an improper one, intestacy occurs.
- Are a Singapore citizen
- Are above 21 years
- Are a Muslim
- Understand the purpose of making a Wasiat
Don’t wait any longer. You cannot predict the future. Engage a lawyer and write a will when you have the ability and means to do so.
What is a Hibah Ar-Ruqbah?
The Al-Ruqba aspect of the Deed, which literally means “waiting for the other to die”, is a contract of gift based on the survivorship principle: the survivor (Donor or Donee) of the gift contract will take the property when one party dies. It is quite similar to the survivorship principle in the Joint Tenancy contract.
For Hibahs where the disposition involves non-joint property, there is a need to obtain consent of all beneficiaries.
Otherwise, the Hibah would be invalid.
What are the effects of Hibah Al Ruqba on
the Faraid law distribution?
The assets under the Hibah do not form part of the net estate of the Deceased that is to be distributed by Faraidh.
Must Hibah Al Ruqba beneficiaries be beneficiaries based
on the Faraid law of distribution?
No, Hibah Al Ruqba beneficiaries are not confined to the beneficiaries based on the Faraid law of distribution. The beneficiaries to a Hibah Al Ruqba can become legal heirs, with their shares determined by the donor (deceased).
What happens after death? People are encouraged to make a Will so tha when they pass on, their assets will be distributed to their loved ones in a manner in which they desire. If you pass on without having first made a Will in Singapore, your estate and possessions will be divided according to the law of intestacy. Under these rules there are no guarantees that your estate shall be distributed as you would desire. If your loved one has just passed on, the various applications are as follows:
Need Legal Services?
ARLC Solutions is a subsidiary of Abdul Rahman Law Corporation. Our aim is to make your life easier. Whether you are representing yourself in court or part of a law firm, we can save you hours of drafting time. We do this by helping you prepare and draft everything you need whether it’s court documents or Corporate Agreement for you to move things fast and affordably. To keep updated on the law, you can sign up for our seminars, which will help you understand the legal issues that impact you.
Abdul Rahman Law Corporation (ARLC) is a boutique law firm that offers comprehensive legal services across a range of practice areas, from estate planning, probate and conveyancing to Syariah matters. If you’re looking for a socially-conscious legal practice with uncompromising standards of excellence, ARLC is definitely the law firm for you. Contact us for a free consultation today.