Faraid – Muslim Inheritance Lawyers
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When any Muslim person domiciled in Singapore passes away leaving behind property, such property must be administered and distributed according to the Islamic Inheritance Law (“Faraid”) which is provided for under the Administration of Muslim Law Act. Faraid is a section of the Islamic Law that deals with the distribution of the estate of a deceased person among their heirs. It is administered by the Syariah Court.
What is an Inheritance Certificate?
The Inheritance Certificate is a document that sets out the shares of the beneficiaries of the estate in accordance to Faraid. Only the Syariah Court has the jurisdiction to issue an Inheritance Certificate setting out the shares of the beneficiaries. The Inheritance Certificate is issued based on the information that is provided by the applicants who are generally the beneficiaries of the estate. An Inheritance Certificate has to be obtained before commencing any application for a Grant of Letters of Administration or a Grant of Probate.
What if there is no Will?
If the deceased did not leave behind a Will, then an administrator, who are usually the next-of-kin and beneficiaries of the estate, will apply for a Grant of Letters of Administration and distribute the estate according to the Inheritance Certificate. It is important to note that all jointly owned property, joint bank accounts, nominated CPF monies and nominated Insurance policies do not fall under the Faraid.
What if there is a Will?
If the deceased left behind a Will, the named executors and trustee of the Will would then have to apply for a Grant of Probate. Thereafter, they shall administer the estate according to the Deceased’s wishes as set out in his Will. It is important to note that the deceased may only Will 1/3 of his estate. The deceased is also not allowed to provide additional benefits or property to anyone who is a beneficiary of the Faraid. In such an event, the relevant portion of the Will would be invalid unless all the other Faraid beneficiaries agree that it is valid. This agreement can only be made after the death of the deceased.
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