1. PENYELESAIAN LENGKAP PERANCANGAN HARTA PUSAKA ANDA
as-Salihin Trustee Berhad
Your Islamic Estate Planning Specialist

2. What is Estate Planning?
Legally effective arrangement for the disposition and management of a person’s estate according to Syariah and Civil law

3. DEATH IS
CERTAIN!!

4. Why we need Islamic Estate Planning
The Main link to Complete Financial Planning
Missing!!

5. Many problems will arise without proper Islamic Estate Planning

8. When a person dies,
all his/her assets
will be frozen....

9. To Unlock The Assets
Court Order
RM 600k
Small Estate
RM 600k

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

11. Wholly/Partly Immovable Assets District Land Administrator
RM600,000 and below
SMALL ESTATE
Moveable Assets Only
(Testacy/Intestacy)
Wholly/Partly Immovable Assets
(Intestacy)
Amanah Raya Berhad
District Land Administrator

12. Distribution of Estate in Malaysia
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.

13. Harta Sepencarian
Wasiat
Islamic Estate
Planning
Trust
Hibah
Charitable
Donation
Wakaf

14. Wasiat

15. WHAT IS A WASIAT?
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.
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.

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

17. Letters of Administration (LA) process
Typical Time Frame
Testacy
Probate obtained*
Petition
Estate distributed
Death
2 months
1 year
18 months
6 months
Intestacy
Letters of Administration (LA) process
Petition
Application to have sureties appointed
LA obtained*
Estate distributed
Death
1 year
2 years
30 months
3 years
4 years
5 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

18. DUTIES OF AN EXECUTOR Applying for a Grant of Probate
LOCATE THE WILL
Applying for a Grant of Probate
Calling in testator’s assets
Paying testator’s debts
Preparing a statement of account
Distributing testator’s assets according to Wasiat
Distributing testator’s assets according to Faraid

19. Advantages of writting
Wasiat

20. Administration of deceased’s
Administration of deceased’s estate Avoid Family Contention Vesting of deceased’s estate and the right to carry on with deceased’s affair

21. Calling in deceased’s assets. Exemption from Administration. Bond
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

22. Harta Sepencarian

23. Harta Sepencarian Property acquired; by husband and wife
during the subsistence of a valid marriage
both parties have contributed either directly or indirectly towards the acquisition of such property.

24. PENYELESAIAN LENGKAP PERANCANGAN HARTA PUSAKA ANDA
Direct Contribution
RM100k
RM40k
RM60k

25. Indirect Contribution
PENYELESAIAN LENGKAP PERANCANGAN HARTA PUSAKA ANDA
Indirect Contribution
RM100k
RM0k
RM100k

26. CASES Hajjah Saudah v. Hanafi; Boto’ v. Jaafar;
(Harta Sepencarian claim can be made after the death of the spouse)
Boto’ v. Jaafar;
(Accompanying husband during fishing trips was considered as contribution)
v. Ummi Kalthom
(Husband and Muslim convert can also claim Harta Sepencarian)

27. PROPERTIES NOT DEEMED HARTA SEPENCARIAN
Gift received by way of inheritance;
Gift received by way of hibah before and during marriage

28. WHETHER EPF CONTRIBUTIONS CAN BE CONSTRUED AS HARTA SEPENCARIAN?
Fatwa Majlis Kebangsaan Hal Ehwal Ugama Islam Malaysia
(22 Feb 2005)
EPF contribution cannot be construed as Harta Sepencarian

29. Advantages of Harta Sepencarian Declaration
All parties can decide and agree upon the way of distribution
Absolute satisfaction of parties as regards their respective shares
Rights of both spouses fully protected
Peace of mind
Expedite distribution process
Cost saving
No dispute
Convenient and easy

30. Trust

31. TRUST
A Trust is a legal obligation that comes into existence when an individual (known as Settlor) transfers the legal ownership of his assets to another person (Trustee) to hold for the benefit of the beneficiaries

32. Operation of Living Trust
Sets the terms and conditions of the trust & transfers the ownership of trust assets to as-Salihin
TRUSTEE
SETTLOR
as-Salihin carries out the wishes of settlor as per the Trust Deed
BENEFICIARIES
The settlor may also name himself as one of beneficiaries of the Maintenance Trust

33. Advantages of Living Trust
Trust property is not considered part of the settlor’s estate
You may decide on the terms of the distribution and these are not subject to Faraid
There is no limit as to the amount you can place in a trust and your beneficiaries can be anyone, Muslim or non Muslim alike.
Governed by the Trustee Company Act 1949 and the terms of the Trust Deed

34. ADVANTAGES OF HAVING ESTATE PLANNING
1. To protect your estate and beloved ones
Unit Trust / Shares
$ $

35. 2. Expedite Legal Process

36. 3. Saving Cost and Energy

37. 4. Easy

38. 5. Peace of Mind

39. as-Salihin Trustee Berhad
as-Salihin is a trust company governed by the Companies Act 1965 and is registered pursuant to the Trust Companies Act 1949
Established to fullfill the needs of Muslim to preserve, protect and distribute their hard earned assets for the benefits of their loved ones through Syariah compliant estate planning.

40. as-Salihin Trustee berhad Tun Dato’ Dr. Haji Mohamed Salleh Abas
Chairman
as-Salihin Trustee berhad
Tun Dato’ Dr. Haji Mohamed Salleh Abas
S.S.M, P.M.N, P.S.M, P.Y.G.P, S.P.M.T, D.P.M.T, J.M.N.S.M.T.LLB(Hons)
(Wales) of Middle Temple, Barrister.
Solicitor- General Malaysia
Federal Court Judge
Lord President – 1988
Member of Syariah Appeal Court, Kelantan
Member of the Royal Commission on the Malaysian Police Force 2004– 2005

41. BOARD OF DIRECTORS 1. Tun Dato’ Dr. Haji Mohamed Salleh Abas
S.S.M, P.M.N, P.S.M, P.Y.G.P, S.P.M.T, D.P.M.T, J.M.N.S.M.T.LLB(Hons)
(Wales) of Middle Temple, Barrister.
Solicitor- General Malaysia
Federal Court Judge
Lord President – 1988
Member of Syariah Appeal Court, Kelantan
Member of the Royal Commission on the Malaysian Police Force 2004– 2005
2. Tunku Dato’ Dr. Hajjah Sofiah Jewa
D.J.M.K., D.S.D.K., J.P., L.L.M., (Miami), Ph.D, (Miami)
of Lincoln’s Inn, Barrister, Advocate and Solicitor
Founder of Yayasan Tun Suffian Berdaftar.
3. Datuk Dr. Jemilah Mahmood
M.D., M.O.C., M.R.C.O.G., D.P.M.P., P.J.N.
Consultant Obstetriction & Gynaecologist,
Founder and President of Mercy Malaysia

42. BOARD OF DIRECTORS 4. Puan Fatimah Binti Mahmood
Associate Member of the Institute of Chartered Secretaries and Administrators
5. Tuan Hj Abdul Aziz Peru Mohamed
Former Senior General Manager Ambank Berhad
( )
Former General Manager Maybank Berhad
( )

43. BOARD OF SYARIAH ADVISORS
Tun Dato’ Dr. Haji Mohamed Salleh Abas
S.S Dato’ Setia Haji Mohd Tamyes bin Abd.Wahid
Dato’ Sri Utama Diraja Mufti Negeri Selangor
B.A. Syariah Wal Qanun
Universiti Al-Azhar, Mesir
3. Prof. Dato’ Paduka Dr. Mahmood Zuhdi bin Hj. Abdul Majid
B. Sh (N.P), M. Sh (Azhar) M. Phil (Kent) Ph.D (UM)
Dip. Edu (A. Shams)
Professor in Fiqh dan Usul Department
Akademik Pengajian Islam University Malaya
4. Dr. Siti Mashitoh binti Mahamood
B. Sh. (UM), M.Sh. (UM), Ph.D (Birmigham)
Head of Syariah and Laws Department, University Malaya

44. Chief Executive Officer
Tuan Hj. Abdul Aziz Peru Mohd

45. Encik Johari Low Bin Abdullah@
Financial Advisor
Encik Johari Low Bin
Low Han Hing
Group Chairman Rockwills International Sdn Bhd

46. Dato’ Dr. Hj. Yaacob Hussain Merican
Honorary Consultant
Dato’ Dr. Hj. Yaacob Hussain Merican
D.J.M.K., A.S.D.K., J.P., LL.M (Miami), Ph.D, (Miami)
of Lincoln’s Inn, Barrister, Advocate and Solicitor

47. Perancangan Harta Islam yang ditawarkan oleh as-Salihin Trustee Berhad
Trusteeship
Living Trust
Amanah Saraan Hidup
Amanah Insurans
Amanah Pendidikan
Amanah Persaraan Emas
Wakaf
Declaration Hibah
Harta Sepencarian Declaration
Wasiat
Wasiat-writing service
Wasiat Custodial Service
Wasiat Translation Service
Appointment of Executor
Document Custodial Service
Guardianship
Estate Administration
Hibah