Frequently Asked Questions

 

1.   As I understand it, the Islamic Law of Inheritance (i.e. Faraid) already determines a deceased person's heirs as well as their
      respective shares. Why should I waste my time and money to have a Wasiat written?

Faraid provides distribution of inheritance for legal Muslim heirs. Wasiat, i.e. the Islamic Will, allows for the distribution of one-third of a deceased’s estate to needy non-heirs. A testator may have some poor non-heirs or charities in mind. Writing a Wasiat gives an opportunity for him to continuously receive rewards from Allah after death for his act of bequeathing part of his estate to some poor non-heirs or to charities and other Islamic purposes.

2.   I am a single person with no close relatives. Why should I write a Wasiat?

If you don't write a Wasiat and you don't have any legal heirs to give to, all the properties will go to Baitul Mal, the Muslim Treasury. You can benefit someone in particular by writing the Wasiat of one-third of your total net assets whilst the rest would devolve to Baitul Mal. Both deeds enjoy virtues.

3.   In Islam, have I the complete freedom to Wasiat all my property?

According to Islamic Law, a Muslim has the freedom to bequeath only one third of his net assets.

4.   How much can I Wasiat to members of my immediate family?

According to the Shafie School of Jrisprudence, a Muslim cannot devise his property to legal heirs except when all legal heirs give their agreement after the death of testator. In your case, you can devise more than 1/3 to your immediate family only if all your legal heirs give their consent after your death.

However Muslims within the jurisdiction of Selangor may, by virtue of section 26(2) of the Muslim Wills (Selangor) Enactment 1999, bequeath one-third of his net assets to his heirs even without the consent of the other heirs.

5.   If I can appoint any individual to be executor of my Wasiat, why should I appoint as-Salihin?

It is an option that you appoint as-Salihin as executor. If you think that your loved ones may not be able to cope with the function and duties of an executor, then you should appoint as-Salihin as the main or substitute executor. The benefits of appointing as-Salihin as your executor are as follows:-
(a) Perpetual Existence / Continuity
As a corporation, as-Salihin with a team of full time legal staff, will ensure continuity in the administration process until the final distribution.
(b) Accountability and Impartiality
Unlike the individual executors or trustees, as-Salihin being a regulated body is under a legal obligation to ensure that the monies are accounted for. Furthermore as a corporate body, as-Salihin will be independent and impartial towards all beneficiaries compared to individual executors or trustees who may have emotional ties or other relationship with the beneficiaries.
(c) Professionalism and Competence
By appointing as-Salihin, you are assured of the professionalism and competence in the work done at a cheaper cost for the overall administration as as-Salihin has full time legal staff and under constant supervision of Syari’ah Advisors.
(d) Expedite Legal Process
With a Wasiat and by appointing as-Salihin as an executor, there will be no contention over who should administer the estate because only the executor appointed under the Wasiat has the right to do so.

No surety is required for grant of Probate. as-Salihin as executor need not have to find any surety when applying for grant of probate.

6.   Professional Wasiat Custody fee is very expensive, more than what I pay for my safe deposit box. Why should I not utilise
      my safe deposit box for my Wasiat?

The safe deposit box will be frozen upon death. This will cause inconvenience to your family in locating and having access to the Wasiat as they may not know where is the Safe Deposit Box. (If they do, they would still need a court order to open it, meaning another round of costs and hassles.) Moreover our Professional Wasiat Custody service is only RM0.20 cents a day and the Wasiat being a precious document is worth more than the Annual custody fee of only RM80.00. When the Wasiat is kept with as-Salihin, all testators will receive 3 as-Salihin Custody Identity cards, a Personal Asset Inventory Booklet, Annual Reminder (Renewal) letters and will be eligible for a free Personal Accident Insurance worth RM10, 000 with a one time registration fee of RM25.00.

With this small sum of money we are ensuring you that your wishes will be carried out according to the Wasiat because it will be free from tampering or accidental destruction (deliberate or otherwise). More importantly, it can be retrieved at the time when it is needed the most. Hence, giving you total peace of mind.

7.   As a mother, can I appoint a guardian for the property for my children?

In Islam, only the father has the right to appoint a guardian for the property of his children.

8.   What is the difference between Amanah Hayat (Living Trust) and Amanah Wasiat (Testamentary Trust)?

Amanah Wasiat (Testamentary Trust) is a trust created in a Wasiat and which comes into effect only upon the death of the Testator. A Trust created under Amanah Wasiat is a subject to the one-third rule and an heir cannot benefit under the trust without the agreement of other heirs.

Amanah Hayat (Living Trust) is a trust created by the settlor for the benefit of the beneficiaries and is effective immediately upon the creation of the trust. The property under Amanah Hayat is not considered part of the settlor’s estate and therefore will not be frozen upon the death of the settlor. There would be no need to obtain a court order to administer such property as the Trust takes effect immediately according to the terms and conditions in the Trust Deed.
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Disclaimer Note:
This is not a product of Al Rajhi Bank. Please take note that Al Rajhi Bank acts solely as the authorized distributor for Amanah Raya Berhad to distrubute Will Writing Standard Package only. This does not indicate directly or indirectly that the Shariah Committee of Al Rajhi Bank has approved or disapproved all other products by Amanah Raya Berhad. Al Rajhi Bank also expressly disclaims any liabilities and takes no responsibilities arising from the execution of the Will and all other products of Amanah Raya Berhad. Comprehensive Will and other amendments, if any. shall be dealt between testators and Amanah Raya Berhad.

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