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Islamic Will Writing Islamic Will Writing (Wasiat)

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Presentation on theme: "Islamic Will Writing Islamic Will Writing (Wasiat)"— Presentation transcript:

1 Islamic Will Writing Islamic Will Writing (Wasiat)

2 Many problems will arise without proper Islamic Estate Planning

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5 All assets will be frozen upon death.

6 Small Estate RM 600k Court Order RM 600k To Unlock the Assets

7 Grant of Probate (Testacy) Letter of Administration (Intestacy) Letter of Administration With Will Annexed (Partial Intestacy) Court Order

8 Moveable Assets Only (Testacy/Intestacy) Wholly/Partly Immovable Assets (Intestacy) Amanah Raya BerhadDistrict Land Administrator Small Estate (<RM600,000)

9 Settlement of all funeral expenses; Settlement of debts (actual or spiritual); Testamentary disposition; Settlement of any claim of Harta Sepencarian; Division of the residuary estate of the deceased in accordance with the principles of Faraid. Distribution of Estate in Malaysia

10 WWWWasiat is an iqrar or declaration of a person made during his lifetime with respect to his property or benefit thereof, to be carried out for the purpose of charity or for any other purpose permissible by Islamic law after his death. IIIIqrar is an admission made by a person, in writing or orally or by gesture, stating that he is under an obligation or liability to another person in respect of the same right. What is Islamic Will Writing/ Wasiat?

11 Asset Frozen Application for dispensation of Sureties or Application for Appointing 2 sureties (Administration Bond) Administrator appointed Asset Frozen Application for grant of Probet and Sijil Faraid Probate granted L.A granted finding Administrator Consent in writing from All beneficiaries Executor Application for Letters of Administration (appointment of administrator and Sijil Faraid) Intestacy (without will)Testacy (with will) Asset free

12 Typical Time Frame Testacy Intestacy Death Probate obtained* Petition 6 months Petition 2 months 1 year Application to have sureties appointed Letters of Administration (LA) process 2 years3 years Notes * May take longer in some jurisdiction ** Petition for LA may take even longer if even one heir does not agree on the appointment or if the appointee is not willing to act *** Finding suitable sureties can be a hassle and this may further delay the process of obtaining the LA Estate distributed 18 months 4 years30 months5 years Estate distributedLA obtained*

13 LOCATE THE WILL Apply for a Grant of Probate Calling in of testator’s assets Pay off testator’s debts Prepare a statement of account Distribute testator’s assets according to Wasiat Distribute testator’s assets according to Faraid Duties of an Executor 1 2 3 4 5 6 7

14 Ease Administration of deceased’s estate Avoid Family Contention Vesting of deceased’s estate and the right to carry on with deceased’s affair Calling in deceased’s assets Exemption from Administration Bond Appointment of Guardian Right to bequeath away 1/3 of the deceased estate to non-heirs Advantages of Having a Wasiat…

15 What We Can Offer Standard WasiatCustomized Wasiat Amanah Raya Berhad RM 350/- As-Salihin Trustee RM 1280/-


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