Faraid – Muslim Inheritance Lawyers

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 is generally required before commencing any application for a Grant of Letters of Administration or a Grant of Probate.

What if there is no Will? (Intestacy)

If the deceased did not leave behind a Will, the next-of-kin (usually the spouse or eldest children) must apply for a Grant of Letters of Administration. The estate will then be distributed strictly according to the shares stipulated in the Inheritance Certificate.

It is important to note that certain assets are handled outside of the Faraid process:

• Jointly Owned Property: Property held under Joint Tenancy usually passes to the surviving co-owner.
• CPF Monies: If a nomination was made, funds go directly to the nominees. If no nomination exists, the CPF Board transfers the funds to the Public Trustee, who will distribute them to the legal heirs according to Faraid.
• Insurance Policies: Monies from nominated policies are paid directly to the beneficiaries.

What if there is a Will (Wasiat)?

If the deceased left behind a Will (Wasiat), the named Executors must apply for a Grant of Probate. However, a Muslim Will in Singapore is strictly governed by the Administration of Muslim Law Act (AMLA) and cannot be used to override the fixed inheritance rights of family members.

In Singapore, the law divides a Muslim’s estate into two distinct portions:

The Locked Portion (2/3 of the Estate): Two-thirds of the estate is strictly reserved for your legal heirs (such as your spouse, children, and parents). This portion must be distributed according to the fixed shares set by Faraid law. If you do not have a Will, 100% of the estate (excluding assets that pass outside Faraid, such as jointly owned property or nominated assets) is distributed this way.

The Bequeathable Portion (Max 1/3 of the Estate): You may only use a Will to give away a maximum of one-third (1/3) of your estate. However, there are two strict conditions for this to be valid:

• It must go to “Non-Heirs”: You can only give this 1/3 to people or organizations who are not already your legal heirs under Faraid (e.g., adopted children, non-Muslim relatives, or charities).
• No Extra Gifts to Family: You cannot use a Will to give an additional share to someone who is already a Faraid heir (like a specific son or daughter).

What happens if a Will breaks these rules? If a Will attempts to give more than 1/3 of the estate to outsiders, or attempts to give any portion to a Faraid heir, those instructions are legally invalid. They will only be honored if all your legal Faraid heirs (who must be over 21 years old) unanimously agree to follow the Will after your death.

The Law in Summary

The legal heirs always get the “locked” 2/3 of the estate. In fact, if there is no Will at all, they get 100% of the estate.

To be precise:

• The 2/3 is the minimum: This portion is strictly reserved for the legal heirs (spouse, children, parents, etc.) to be shared among them according to Faraid.
• The 1/3 is the maximum for “outsiders”: This is the only portion a person can give to someone who is not a legal heir.
• What happens to the 1/3 if there is no Will? If a Muslim person passes away without a Will, the “1/3 rule” essentially disappears. The entire 100% of the estate is then distributed among the legal heirs according to Faraid.

Debts, Funeral Expenses, and Settlements

Before any distribution under Faraid or a Will can occur, the Executor or Administrator is legally and religiously obligated to clear the following from the estate:

• Funeral & Burial Expenses: Reasonable costs for funeral and burial.
• Outstanding Debts: This includes secular debts (loans/taxes) and religious obligations (unpaid Mahr, Zakat, or Kifarah).
• Family Settlements: Heirs who are of legal age (at least 21 years old) may voluntarily choose to renounce their share or agree to a different distribution (known as Radh-al-Amwal), provided there is total consensus.

Summary of the Process

1. Obtain the Inheritance Certificate: Apply via the Syariah Court to identify legal heirs and their shares.
2. Debt Clearance: Settle all funeral costs and outstanding liabilities.
3. Legal Grant: Apply for the Grant of Probate (if there is a Will) or Letters of Administration (if there is no Will) through the Family Justice Courts.
4. Distribution: Distribute the remaining assets according to Faraid or the validated Will.