Your trusted partner in navigating Probate and Letters of Administration.
Probate applies when the deceased leaves a valid will (wasiat), while LOA is required if there is no will. Both processes ensure the estate is distributed fairly under Faraid law.
Understanding The Difference
Aspect | Muslim Probate | MUSLIM GRANT OF LETTERS OF ADMINISTRATION |
---|---|---|
When it applies | Used when the deceased left a valid will (wasiat). | Used when the deceased did not leave a valid will. |
Who can apply | The executor named in the will. | The next-of-kin (e.g., spouse, child, or parent). |
Authority granted | Executor administers the estate according to the will and Faraid rules. | Administrator distributes the estate strictly according to Faraid rules. |
Distribution | Combination of Wasiat (up to 1/3 of the estate) and Faraid (remaining 2/3). | Entire estate distributed according to Faraid only. |
Court document | Grant of Probate. | Grant of Letters of Administration. |
Why Engage a Lawyer for Muslim Probate Matters
Handling a Muslim estate after death in Singapore requires navigating both secular probate processes and Syariah principles under the Administration of Muslim Law Act. An experienced lawyer ensures:
Accurate application of Faraid distribution principles.
Correct filing of all court applications and required documents.
Coordination between the Syariah Court and civil courts.
Avoidance of disputes between beneficiaries.
Efficient resolution with minimal stress to the family.
Why Choose Us
Process of Applying for Muslim Probate in Singapore
Initial Consultation
Understand the estate details, beneficiaries, and applicable laws.
Application to the Syariah Court
Obtain an Inheritance Certificate to confirm the rightful beneficiaries.
Court Filing
Submit an application for a Grant of Probate or Letters of Administration to the Family Justice Courts.
Estate Administration
Collect assets, settle debts, and prepare the distribution in accordance with Faraid.
Final Distribution
Transfer assets to beneficiaries as per Syariah-compliant court orders.
By entrusting your probate matter to a skilled lawyer, you can navigate the process with confidence, avoid unnecessary setbacks, and achieve a timely and proper resolution.
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Frequently Asked Questions
Can a Muslim distribute their entire Muslim estate through a Wasiat and not follow Faraid rules?
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.
Can a Muslim revoke or change a Wasiat after making it?
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.
What happens if a Muslim dies intestate (without a Muslim will Singapore)?
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.
Are non-Muslims entitled to inherit under Faraid or Wasiat?
Non-Muslims cannot inherit under Faraid, but they may receive bequests or gifts through the Wasiat.
Can a Muslim use hibah to override Faraid or Wasiat?
Hibah is a separate gift made during one’s lifetime and does not override Faraid or Wasiat, which govern estate distribution after death.