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)
WHAT IS A WASIAT
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
• 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
• 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.
No Will / Improper Will (Intestate)
Properly - Drafted Will (testate)
Full distribution under Faraidh
2/3 under Faraidh 1/3 option for non-Beneficiaries
or option of other documents like Hibah
No chance for expression
Express anything and everything you
wish to specific individuals
Potential Administrators apply
& Court appoints
You choose your Executors
Court appointment takes average
6 months to 1.5 years
Grant of Probate takes average
only 4 to 8 months
Cost is above $3500
Cost is above $2500
Talk to our SYARIAH LAWYER
WHAT IS HIBAH
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 Hibah 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.
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).
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 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: