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Dealings with Interests in Land - Part 2 (SUCCESSION (Testate Succession…
Dealings with Interests in Land - Part 2
SUCCESSION
Testate Succession
Person passed away leaving a WILL Behind
Probate
: process of verifying a Will
issuing of
Grant of Probate
after verfication
Executor(s) [M]/ Executrate(s) [F]
Intestate Succession
Person passed away without living a WILL
Administrator(s) [M]/ Administratrix(s) [F] apply for the
Letters of Administrationi
Intestate Succession Act
Administering Your Estate
effect upon death
executors has the power to act before Grant issued
except when it is necessary to obtain approval of the Commissioner for Estate Duty + GOP, before abolition of Estate Duty, when dealing with landed property or major assets
Once GOP issued, Will becomes public doc. Original Will is retained by Court. Executors are given a copy of Will + Grant
Faraid
Role: To provide a system of distribution of one's assets after death in accordance with Islamic principles (Quaran, Chapter 4, Surah An-Nisaa)
This is so unless ALL lawful beneficiaries come to a voluntary agreement ('muafakat') to divide the estate by any other alternative method of calculation or in any other manner
Specific heirs forfeit their claim when:
he caused the death of the deceased, deliberately or unintentionally
he is not a Muslim
if the heir has renounced Islam
Estate Administration
First step: Beneficiary to apply for a
Certification of Inheritance ('Siji Warisan')
Applicant must be:
Potential lawful beneficiary of deceased
Islamic Religious Council of Singapore (MUIS = Majlis Ugama Islam Singapura)
Law Firm on behalf of beneficiary
Public Trustee
Court
CPF and Insurance
3rd August 2010: fatwa stands that CPF monies will go to the nominees
Position: CPF and insurance monies are NOT considered part of the assets of deceased's estate
Real Property: An updated Fatwa (3rd April 2010) suggested the use of Islamic legal instruments in the form of a nuzriah or 'hibah ruqbah', to affirm and facilitate the intention of a party in a joint tenancy to give effect the
right of survivorship
in the event of his/her demise
Lease or Hire-Purchases: part of estate of deceased
WILL
What is a Will?
Executor: person entrusted to administer will
Beneficiaries: Person inheriting the will
Beneficiaries under 21 - preferably 2 Executors/ Trustees
Testator: Person making a will
Do you need a Lawyer?
No, though more effective
Can make a will if you are 21 years and of sound mind
If you are in active military, a mariner or seaman, you can make a Will below 21 years of age
CPF Funds?
Nomination? Nominees entitled, regardless of stated Will
No Nomination? Intestate Succession Act
Witnesses?
Must be 2 persons present at the same time
Must not be benefeciaries or husband/wife of beneficiaries
Changing Will?
Fresh Will
Supplementary Will ('Codicil')
Making known Will?
Register deposit a copy at the Will Registry if you wish
Lawyer
Family members/ Executors
Muslim Wills ('Wasiyyah)
A person may appoint a guardian or trustee in the will to take care of testator's minor children and manage their wealth until they reach 21 yo
Muslim law: Guardian must be Muslim, Trustee need not
invalid: written under duress or a person without proper mental capacity
RULES
One-Third of Estate: Testator is allowed to Will away a max. 1/3 of his total assets
To Non-Faraid Beneficiaries: Beneficiaries cannot be any person who is a lawful beneficiary under 'Faraid'
Witness to Will: 2 male witnesses or they must be represented by the correct ration, 2 females to 1 male, must be '
sui juis
' (of full age)
DIVORCE
Note: Married for 3 years before filing Writ for divorce except for unreasonable/ cruel circumstances
You/ spouse must be domiciled
Syariah Laws
PART VII of the
Administration of Muslim Law Act
S111(1)
S112(1)
'Halal' (permissible)/ 'Faraid'/ inter vivo gifts (gifts made during one's lifetime)/ 'hvah ruquah'/ 'nuzuriah'
Talak: untie the Matrimonial knot (only husband can tell wife)
Two Stages
Interim Judgment:
Decree Nisi
Final Judgment:
Decree Nisi Absolute
Husband and wife shall attend personally at the Syariah Court within 7 days of divorce and 1) furnish particulars 2) Apply in prescribed form for a decree or order for divorce
DEATH
What happens?
2) No transfer or dealings with deceased assets until LOA or GOP
3) Intestate/ Testate resolution
1) All bank accounts are frozen
Priority Payments before Distribution
Funeral
Debts
Unpaid zakats, performance of Haj through an acceptable proxy and payment of 'fidyah' to redeem unobserved compulsory fasting days
Redemption of mortgaged property
identify joint-owned assets
Payment of legacies under valid Will
Distribution of net estate among lawful heirs