Do You Need a Wasiat in Singapore? A Guide for Muslim Families
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Estate planning is something many families postpone.
For Muslim families in Singapore, however, planning ahead can make an important difference to how an estate is administered and how your wishes are communicated after your death.
One of the key documents that may form part of that planning is a Wasiat, or Muslim Will.
What Is a Wasiat?
A Wasiat is a legal document through which a Muslim can record certain instructions concerning what should happen after his or her death.
According to MUIS, a Wasiat can be used to appoint an executor, provide instructions regarding the estate and direct the distribution of up to one-third of the relevant assets to persons or organisations who are not Faraid beneficiaries.
This means a Wasiat does not simply replace the Islamic rules of inheritance.
Instead, it works alongside the applicable Faraid framework.
How Is a Wasiat Different From Faraid?
Faraid refers to the Islamic rules governing the distribution of a Muslim's estate among eligible beneficiaries.
A Wasiat provides a limited degree of additional estate planning.
For example, MUIS states that up to one-third of the estate may generally be bequeathed through a Wasiat to beneficiaries who would not receive the property through Faraid.
This can be relevant where a person wishes to leave something to a non-Faraid beneficiary or an organisation, or wishes to set out particular instructions concerning the administration of the estate.
The remaining estate will generally remain subject to the applicable inheritance rules.
Why Make a Wasiat If Faraid Already Applies?
Faraid determines inheritance entitlement, but estate administration involves more than deciding who receives what.
A Wasiat can identify the person you wish to act as your executor and provide a clear written record of certain wishes.
Without clear planning, family members may need to determine who should take responsibility for administering the estate while also dealing with grief, property, outstanding liabilities and administrative requirements.
A properly prepared Wasiat can help provide greater clarity.
Who Can You Include in a Wasiat?
A Wasiat should not be approached in exactly the same way as an ordinary will without considering the applicable Muslim inheritance requirements.
MUIS currently explains that the portion available for distribution through a Wasiat is generally limited to a maximum of one-third and is intended for beneficiaries who would not receive through Faraid.
Because family structures can be complicated, professional advice may be particularly useful where there are children from different marriages, dependants who are not Faraid beneficiaries, overseas family members, business interests or significant assets.
What Makes a Wasiat Valid?
Formalities matter.
MUIS currently states, among other requirements, that the person making the Wasiat should:
be at least 21 years old;
make the Wasiat voluntarily;
be of sound mind;
comply with the applicable one-third limitation;
sign the document in person; and
sign it in the presence of the required witnesses.
MUIS also sets out specific requirements concerning the witnesses, including age, religion and their relationship to the beneficiaries.
A document that does not comply with the necessary requirements may create problems when the estate eventually needs to be administered.
Using a generic will template from the internet without considering Singapore law and Muslim inheritance requirements can therefore create unnecessary risk.
Does Your Wasiat Cover CPF Savings?
Not every asset will necessarily be dealt with through a Wasiat.
Importantly, MUIS states that CPF savings are not covered by a will or Wasiat.
Estate planning should therefore look at your overall position rather than treating the Wasiat as the only document that matters.
Depending on your circumstances, this may involve reviewing CPF arrangements, property ownership, nominations and other estate-planning instruments in addition to preparing a Wasiat.
What Happens If You Die Without a Wasiat?
Not having a Wasiat does not mean your Muslim estate simply has no rules governing it.
MUIS explains that, for Muslims, the Intestate Succession Act does not govern the distribution of the estate in the same way as it would for a non-Muslim intestate estate. Distribution instead follows the applicable Muslim inheritance framework, supported by an inheritance certificate issued by the Syariah Court.
However, where there is no will, surviving family members may need to apply for Letters of Administration before they can administer the estate.
MUIS notes that this may involve additional administrative steps and potentially additional time and cost.
When Should You Review Your Wasiat?
Preparing a Wasiat should not necessarily be treated as a once-in-a-lifetime exercise.
Your family and financial circumstances can change substantially over time.
MUIS recommends reviewing a Wasiat periodically and after major life events such as marriage, divorce, having a child, moving home or the death of an executor or beneficiary. MUIS also notes that marriage can cancel a Wasiat made beforehand.
As a result, an estate plan prepared many years ago may no longer reflect your present circumstances.
A Wasiat Is Part of a Bigger Estate Plan
Good legacy planning involves more than preparing a single document.
You may need to consider:
who should administer your estate;
which assets actually form part of your estate;
your Faraid beneficiaries;
property ownership;
CPF and other nominations;
liabilities and outstanding debts;
dependants who may require additional planning; and
how your family can locate important documents when they are needed.
MUIS also recommends storing a Wasiat safely and informing the executor or close family members where it can be found, as the original document will generally be required when the executor applies for a Grant of Probate.
Do You Need a Wasiat?
Whether you should prepare a Wasiat depends on your circumstances, but it can be a useful part of planning for how your affairs will be handled after your death.
For many Muslim families, the greater benefit is not simply deciding who receives a particular asset. It is creating clarity about who will administer the estate and reducing uncertainty for family members at a difficult time.
If you are considering preparing or updating a Wasiat, obtaining advice can help ensure that the document complies with Singapore law, works together with the applicable Islamic inheritance rules and reflects your current family and financial circumstances.
