Islamic Will Writing Islamic Will Writing (Wasiat)

Slides:



Advertisements
Similar presentations
©2001 West Legal Studies in Business. All Rights Reserved. 1 Chapter 50: Wills, Trusts, and Elder Law.
Advertisements

© 2007 ME™ (Your Money Education Resource™) Estate Planning for Financial Planners Chapter 4: The Probate Process.
Estate Planning Wills Wills Trusts Trusts Insurance Insurance Class 8.
Estate Planning Intestate Succession Intestate Succession Wills Wills Trusts Trusts Class 9.
Wills, Intestacy, and Estate Planning
Strictly Private & Confidential. For Discussion Purposes Only Planning Ahead For Your Loved Ones.
Estates Law and Practice
Copyright ©2004 Pearson Education, Inc. All rights reserved. Chapter 20 Estate Planning.
1 (of 23) FIN 200: Personal Finance Topic 23–Estate Planning Lawrence Schrenk, Instructor.
Chapter 20 Estate Planning. Copyright ©2014 Pearson Education, Inc. All rights reserved.20-2 Chapter Objectives Explain the use of a will Describe estate.
PART 5: LIFE CYCLE ISSUES Chapter 17 Estate Planning: Saving Your Heirs Money and Headaches.
People’s Law School A simple overview of estate planning Roberta P. Clark Attorney at Law Fallbrook, California (760) Web page:
Chapter 10 The Personal Representative. Wills, Trusts, and Estates Administration, 3e Herskowitz 2 © 2011, 2007, 2001 Pearson Higher Education, Upper.
© 2004 West Legal Studies in Business A Division of Thomson Learning 1 Chapter 51 Wills, Trusts, and Elder Law Chapter 51 Wills, Trusts, and Elder Law.
Prof. Gerry W. Beyer Fall  1. Title Transfer  Alternatives to Probate ▪ Determination of heirship, if intestate. ▪ Probate will as muniment of.
Estate Planning Wills Wills Trusts Trusts Insurance Insurance Class 8.
HAUSWIESNER KING LLP Estate Planning 101 Wills, Trusts and Powers of Attorney Peter King HAUSWIESNER KING LLP February 21, 2007.
Intro & Overview Two Basic Methods of Transfer at Death By Will By Statute (No Will) Testate Intestate.
© 2007 Prentice Hall, Business Law, sixth edition, Henry R. Cheeseman Chapter 52: Wills, Trusts, and Living Wills Chapter 52: Wills, Trusts, and.
Prentice-Hall, Inc.1 Chapter 17 Estate Planning: Saving Your Heirs Money and Headaches.
WILLS AND INHERITANCE.
© 2010 Pearson Education, Inc., publishing as Prentice-Hall 1 WILLS, TRUSTS, AND ELDER LAW © 2010 Pearson Education, Inc., publishing as Prentice-Hall.
Chapter 20 Estates and Trusts: Their Nature and the Accountant’s Role.
BB30 Business Law 5.02 Summer 2013 Business Law
© Pearson Education, Inc. publishing as Prentice Hall22-1 Chapter 22: Estates and Trusts by Jeanne M. David, Ph.D., Univ. of Detroit Mercy to accompany.
Essentials Of Business Law Chapter 24 Wills, Intestacy, And Trusts McGraw-Hill/Irwin Copyright © 2007 The McGraw-Hill Companies, Inc. All rights reserved.
COPYRIGHT © 2008 by Nelson, a division of Thomson Canada Ltd Chapter 13 – Preserving Your Estate.
Stock Market Analysis and Personal Finance Mr. Bernstein Estate Planning and Taxes, pp June 12, 2015.
© The McGraw-Hill Companies, Inc., All Rights Reserved. Irwin/McGraw-Hill 19-1 C HAPTER 19 Personal Finance Estate Planning Kapoor Dlabay Hughes.
Wills Workshop Surveys indicate around 65% of the adult population in England and Wales have NOT made a Will.
Dr. Steven Hays Personal Finance BKHS.  Explain the use of a will  Describe estate taxes  Explain the use of trusts, gifts, and contributions  Introduce.
Managing for Today and Tomorrow Business, Succession, Retirement and Estate Planning for Farm and Ranch Women Methods of Asset Transfer Sale Gift Estate.
Accounting for an “Estate”  “Estate” literally means property owned by an individual  Typically refers to a separate legal entity holding title to the.
Chapter 21.2: Estate Planning
Wills, Trusts, and Living Wills
Estate Planning Chapter 18. Asset as Nonprobate Property Most of individuals’ assets are nonprobate property. It means transferring ownership does not.
Wills Chapter 8 Tools & Techniques of Estate Planning Copyright 2011, The National Underwriter Company1 What Is a Will? Legal document Provide for disposition.
Wills, Trusts and Estates Chapter 14. Terminology Decedent – the one who dies Heirs – the persons who take property from the decedent when the decedent.
Chapter 11 Estate Administration. Wills, Trusts, and Estates Administration, 3e Herskowitz 2 © 2011, 2007, 2001 Pearson Higher Education, Upper Saddle.
Estate Administration Fillmore Riley LLP Anita L. Southall.
Estate Planning.  Estate: the assets of a deceased person after all debts are paid  Estate planning: the act of planning for how your wealth will be.
Chapter 1 The Purpose and Need for a Will. Wills, Trusts, and Estates Administration, 3e Herskowitz 2 © 2011, 2007, 2001 Pearson Higher Education, Upper.
Chapter 46 Wills and Trusts. 2  What are the basic requirements for executing a will?  How may a will be revoked?  What is the difference between a.
PENYELESAIAN LENGKAP PERANCANGAN HARTA PUSAKA ANDA
 2004 McGraw-Hill Ryerson Ltd. Kapoor Dlabay Hughes Ahmad Prepared by Cyndi Hornby, Fanshawe College Chapter 15 Estate Planning 15-1.
26-1 Copyright © 2013 by The McGraw-Hill Companies, Inc. All rights reserved.McGraw-Hill/Irwin.
All that a person owns, less all that person’s debts.
Chapter 24 Wills, Estates, and Trusts
Administering a deceased estate Robert Monahan | Consultant 13 June 2014.
 1. Express language in the will ▪ PC § 145(b) ▪ EC § ▪ In re Dulin’s Estate – p. 193 ▪ Questions 1-2 – p. 196 ▪ Relevance of mere bond waiver.
Upon a person’s demise … Distribute Assets to Beneficiaries TESTATE (With A Will) Apply For Grant of Probate Apply For Letter Of Administration INTESTATE.
Josh Copeland Carlson & Copeland, PLLC September 20, 2011.
Life for those after death..  A legal written instructions for the distribution of property and possessions after death. ◦ For any one with assets it.
© 2003 The McGraw-Hill Companies, Inc., All Rights Reserved Chapter 15 Estates And Trusts.
WILLS AND WILL PLANNING
P LANNING FOR Y OUR R ETIREMENT Textbook Chp 7.2 pg 237.
Brown: Legal Terminology, 5 th ed. © 2008 Pearson Education, Upper Saddle River, NJ All Rights Reserved. Legal Terminology Fifth Edition by Gordon.
Canadian Islamic Wills
Estate Planning February 2016 Douglas A. Mielock Foster, Swift, Collins & Smith, P.C. Lansing, Michigan.
Probate and Estate Administration Chapter 9. Probate or Estate Administration Probate –The act or process of proving the validity of a will Estate Administration.
OVERVIEW OF THE FUNCTIONS OF THE PUBLIC TRUSTEE/ ADMINISTRATOR GENERAL July 2016.
The Estate Plan and the Purpose and Need for a Will
Basic Knowledge Of A Will
Chapter 21.2: Estate Planning
AMANAH RAYA BERHAD WEALTH PLANNING:THE ROLE OF A R B
Planning for the future
Probating a Will and Administering an Estate
ESTATE PLANNING MY LIFE MARRIED.
Estate Executors: appointing and being appointed
Legal Consequences of Death
Presentation transcript:

Islamic Will Writing Islamic Will Writing (Wasiat)

Many problems will arise without proper Islamic Estate Planning

All assets will be frozen upon death.

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

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

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

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

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?

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

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*

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

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…

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