ESTATE PLANNING

Prophet Muhammad SAW said,
“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)

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Muslims are encouraged to be in this world as a stranger or a wayfarer. When evening comes, we do not expect to live till morning, and when morning comes, we do not expect to live till evening.

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
Hibah Ar-Ruqbah.

A Will or Wasiat is a set of instructions you leave behind when you die, for your appointed trustees or guardians for the benefit of your loved ones. These instructions deal with the distribution of your estate among beneficiaries, and also deal with your instructions on who is to take care of the young and pay for their education or maintenance, paying off debts, elderly care and funeral arrangements.

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.

You may write a Wasiat if you:

• 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.

A Hibah, in Arabic, means ‘Gift’. A Hibah document is accordingly a Deed of Gift, which is prepared jointly with a Wasiat. The Hibah Trust Deed is not a Wakaf or Nazar. The Hibah Ar-Ruqbah is a conditional gift that is returnable if the recipient predeceases the giver. For example, in the Hibzah document itself, the Donor says, “I give this land to you while you are alive, but if you predecease me the land must be returned to me, and if I predecease you, the land is for you.” From the latest case law, it is clear that the concept of a Hibah or a Deed of Gift is completely accepted in Muslim Law which is the applicable law for estate matters concerning Muslims, as provided for under Section 111 of the AMLA.

Jointly-held property

Non-joint property

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.

The assets under the Hibah do not form part of the net estate of the Deceased that is to be distributed by Faraidh.

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:

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.

ARLC was incorporated with limited liability on 09 April 2014. As a firm, ARLC is the embodiment of the experience and practice built up by the Managing Director, Mr. Abdul Rahman Bin Mohd Hanipah.

The practice areas that have been developed at ARLC centers on the needs of the community and the practice is driven largely by the clients that have known us, appointed us and worked with us for a long period of time. We seek to grow relationships with our clients and we strive to empower them with the proper legal resources and the much needed legal knowledge for them to run their businesses and to manage their personal affairs effectively.

Abdul Rahman Law Corporation is part of the ARLC Group of Companies. Learn More

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