What happens to a Muslim’s Estate after Death in Singapore

Saying goodbye to a loved one is never easy. The memories of your time together, the good and bad, are things that will remain with you forever. A question arises upon their passing; how will you settle the properties that your loved one has left behind?

When a Muslim person dies, their loved ones must handle their estate in this order:

1. Discharge all his religious obligations such as zakat, kaffarah or penalties for oath;
2. To pay for their funeral expenses;
3. To settle all their debts if any;
4. To execute their will if any; and
5. To distribute the remaining estate among their heirs according to faraid rules

However, before you can access the deceased’s assets and property, there are several steps that you will need to know when handling estate administration.

Muslim Estate Inheritance Singapore

Step 1: Obtaining An Inheritance Certificate In Singapore

You will first need to apply for an Inheritance Certificate from the Syariah Court before you can even access the deceased’s properties. An Inheritance Certificate will assist in the distribution of the deceased’s Muslim estate according to Muslim Law. It is required by the Public Trustee and the Family Justice Courts when applying for a Grant of Letters of Administration or Grant of Probate, especially in Muslim will Singapore processes.

This certificate will identify and certify any lawful heirs that the deceased’s estate property for Muslim will be distributed to based on the rules of faraid and Syariah Law, which is also known as Muslim estate law.

The Syariah Court is the only institution that can issue an Inheritance Certificate. You can apply for one online at www.syariahcourt.gov.sg. You must ensure that all the particulars required for the deceased and beneficiaries are keyed in properly as any incorrect information would require you to re-apply for the certificate and pay the application fees again.

Who can apply for an inheritance certificate in Singapore?

Not anyone can apply for an Inheritance Certificate. A beneficiary of the inheritance, meaning a spouse, a parent or child of the deceased (must be a Muslim who is 21 years old and above), The Islamic Religious Council of Singapore (Muis), A law firm (acting on behalf of the beneficiary), Consultancy firm/agency (on behalf of the beneficiary) and a Court of law are the only groups of people who can apply for an Inheritance Certificate to the deceased.

How long is the process in Singapore?

Should the application be successful, payment can be made to the Syariah Court 3 days from the date of submitting online. The Inheritance Certificate will only be issued to the applicant upon making payment. However, one should note that the certificate will automatically expire if payment is not made within 14 days from the date of the application.

Step 2: Grant of Probate and/or Letters of Administration Application in Singapore

Once you have received the Inheritance Certificate, you can then apply to the Family Court for a Grant of Probate and/or Letters of Administration to enable the Court to appoint someone to manage the Muslim estate. A Grant of Probate and/or Letters of Administration refer to the authority given to the personal representatives of a deceased person. In essence,

1. A Grant of Probate authorises an Executor as stated in the deceased’s will to administer the deceased’s Muslim estate in accordance with the directions of the will, and
2. A Grant of Letters of Administration authorises an Administrator to administer the deceased’s Muslim estate according to faraid rules (where there is no Will).

In all applications for probate or letters of administration related to the deceased, the school of law (Mahzab) that the deceased subscribed to must be included, together with any particulars required by other written law. The Registrar of the Civil Court will be guided by the Inheritance Certificate when they have to determine who the beneficiaries are and in what proportions they take.

What documents must I prepare to obtain a Grant of Probate and/or Letters of Administration in Singapore?

As an Executor or Administrator, you will need to prepare certain documents to manage a Muslim estate in Singapore. This includes an Originating Summons and Administration Oath to commence the probate process, a certified true copy of the deceased’s will (if it’s a Muslim will Singapore), caveat searches of the deceased’s assets, a certified true copy of death certificate and any other particulars of the deceased and their assets.

The Originating Summons to the Court is usually heard a few days after it is filed if the Registrar needs to clarify any matter. It is normally granted within a week from the date it is filed. Once all the documents that the Court requires are in order, and all fees are paid, the Court will prepare and issue the Grant of Probate with the engrossed Schedule of Assets annexed to you. These steps are part of the process to manage an estate property for Muslim.

Step 3: Execution

What do you do if there is a will?

If there is a will, the Executor will have to carry out the wishes of the deceased as provided in the will, as long as it is aligned with Faraid rules and Syariah laws. This represents an important facet of Muslim estate law. If any portion of the will contravenes Syariah laws such as giving away more than one-third of the assets, it will be disregarded, unless the Faraid heirs all come together and agree to execute the deceased’s will.

The Executor must also be prepared to resolve any outstanding income tax liability, debts or liability of the deceased. It must be noted that the named executor can expressly renounce his right to execute the will either verbally or by signing off a document stating as so.

What do you do if there is no will?

If the deceased did not leave a will behind, his property would be apportioned based on Muslim estate and faraid rules. Asset matters such as bank savings and jewelry can be distributable according to faraid rules in a Muslim estate.

Matters related to joint-owned properties such as HDBs, life insurance payouts, and nomination by your loved one for their CPF money will not be counted as faraid distributable properties under Muslim estate law as they fall under the purview of Civil Law. These will belong to the person that the deceased had passed it on to. In Singapore context, it would be ideal to consult a Muslim will Singapore specialist to navigate such cases.

Conclusion

The article sheds light on the fate of a Muslim estate after death in Singapore, exploring key terms like Faraid, Wasiat, and Shariah. The article emphasises the importance of understanding Islamic inheritance principles and proper estate property for Muslim planning to ensure a smooth transition of wealth to rightful heirs. By adhering to the guidance of Islamic judges (Qadis) and seeking professional legal assistance, Muslims can uphold their religious obligations and protect their assets for the benefit of their loved ones, thereby leaving a legacy in accordance with their beliefs.

One important document to consider is an inheritance certificate that will aid in the process of distributing the deceased’s assets. The documents that you will need to prepare and the procedures to settle your loved one’s Muslim estate and property may be too technical for you to understand alone. Worry not, at I.R.B. Law; we have experienced Syariah trained lawyers who are well versed in drafting Muslim wills Singapore. We will be able to guide you through the process and explain to you each stage of will procedures.

How Can We Help You

The documents that you will need to prepare and the procedures to settle your loved one’s estate and property may be too technical for you to understand alone. Worry not, at I.R.B. Law; we have experienced Syariah trained lawyers who are well versed in drafting Muslim wills in Singapore. We will be able to guide you through the process and explain to you each stage of will procedures.

Glossary and Key Terms

Faraid: The Islamic law of inheritance that governs the distribution of a deceased Muslim’s estate among rightful heirs based on specific shares.

Wasiat: An Islamic will that allows a Muslim to distribute up to one-third of their estate to non-heirs according to their wishes.

Hibah: A voluntary gift or transfer of property from one party to another without any consideration, often used in estate planning to distribute assets during one’s lifetime.

Testator: A person who makes a valid will to designate how their estate should be distributed after their death.

Executor: The person appointed in a will to carry out the testator’s wishes and manage the estate’s distribution.

Shariah: The Islamic law derived from the Quran and Hadith, providing guidance on various aspects of life, including inheritance.

Intestate: The condition of dying without a valid will, leading to the application of Faraid rules for inheritance distribution.

Legal Heirs: Individuals entitled to inherit under Faraid, including spouses, children, parents, and other relatives.

Residuary Estate: The remaining assets after specific bequests and expenses have been distributed from the deceased’s estate.

Qadis: Islamic judges who have the authority to oversee the distribution of assets according to Islamic law.

Frequently Asked Questions

Q: Can a Muslim distribute their entire Muslim estate through a Wasiat and not follow Faraid rules?

A: No, a Muslim can distribute up to one-third of their Muslim estate through a Wasiat, but the remaining two-thirds must be distributed according to Faraid under Muslim estate law.

Q: Can a Muslim revoke or change a Wasiat after making it?

A: Yes, a Muslim can revoke or make changes to their Wasiat at any time during their lifetime, as long as they are of sound mind.

Q: What happens if a Muslim dies intestate (without a Muslim will Singapore)?

A: If a Muslim dies intestate, the distribution of their Muslim estate will be governed by the Faraid rules, ensuring rightful heirs inherit according to specific shares.

Q: Are non-Muslims entitled to inherit under Faraid or Wasiat?

A: Non-Muslims cannot inherit under Faraid, but they may receive bequests or gifts through the Wasiat.

Q: Can a Muslim use hibah to override Faraid or Wasiat?

A: Hibah is a separate gift made during one’s lifetime and does not override Faraid or Wasiat, which govern estate distribution after death.