Guide to Muslim Wills (Wasiat) in Singapore

If you’ve only got a minute:

• A Muslim will (Wasiat) allows you to appoint executors, designate up to one-third of your assets to non-Faraid beneficiaries/charity and convey your wishes.
• Your Wasiat cannot override fixed Faraid shares and it must strictly adhere to Islamic and legal validity rules, including proper Muslim witness requirements.
• Seek experts in Muslim estate law to ensure your Wasiat is legally sound and reflects your current wishes.

Taking care of your loved ones isn't just about today. It's about protecting their future. For Muslims in Singapore, this means thoughtfully planning your estate to align with both your personal wishes and Islamic principles.

A Muslim Will or Wasiat is an important legal document that lets Muslims clearly define how their assets will be managed and distributed after their passing. Specifically, it allows you to:

• Appoint an executor to carry out your wishes.
• Designate how up to one-third of your net assets will be distributed to non-Faraid beneficiaries (like beloved friends or foster children) or organisations (such as charities or mosques).
• Communicate your last wishes and instructions for your loved ones.

What happens without a Wasiat?

If you pass away without a Wasiat, the estate settlement process can become prolonged and more costly for your family. Your surviving family members would need to apply for 'Letters of Administration' to manage and distribute your estate, which can involve more steps and higher legal and administrative costs.

Importantly, in the absence of a Wasiat, the law dictates asset distribution. For Muslims in Singapore, the Intestate Succession Act does not apply to them. Instead, the distribution of your estate will strictly follow the inheritance certificate issued by the Syariah Court based on Faraid principles.

Now that we understand the importance of having a Wasiat, let's delve into the essential considerations when crafting yours.

Understanding Faraid and the one-third Wasiyyah

Faraid is the Islamic inheritance law, guiding the default distribution of a deceased Muslim's assets. It defines heirs and their fixed shares, applying unless alternative arrangements are made. You can find a comprehensive breakdown of how assets are divided under Faraid here. The Syariah Court Calculator can also be used to determine this distribution.

You only have control over up to one-third of your net estate through a Wasiyyah (bequest) for non-Faraid heirs or charitable causes. This one-third portion is entirely yours to designate to individuals who do not qualify as Faraid heirs (eg. a friend or foster child) or to support causes you care deeply about.

Understanding this one-third rule is fundamental to drafting a valid Wasiat that complies with both Islamic principles and Singaporean law.

The Syariah Court in Singapore administers Muslim inheritance matters according to Faraid. However, certain assets are not covered. They include:

• Joint tenancy property
• CPF savings
• Life insurance payouts (Nominated)
• Gifts (Hibah)
• Jointly acquired (matrimonial) property

Key considerations when drafting a Wasiat

Thoughtful planning is essential before you begin:

1. List all assets and liabilities

Start by creating a comprehensive list of all your assets (e.g., property, bank accounts, investments, business interests) and liabilities (e.g., loans, debts). This ensures a smoother distribution process for your loved ones.

2. Choose your executor wisely

Your executor is responsible for managing your estate after your passing. They must be 21 or older, of sound mind, and not bankrupt. They can be a family member, friend, spouse, or a professional. Choose someone responsible and capable of handling your wishes effectively. If you have minor children, also consider appointing a guardian for them in your Wasiat.

3. Seek professional guidance

It is highly advisable to consult a lawyer specialising in Muslim estate law, especially if your financial situation is more complex. The lawyer will guide you through the complexities of Faraid and legal requirements in Singapore.

Essential components of a Wasiat

Your Wasiat should clearly outline your intentions, typically beginning with a Declaration of Faith (Shahada). It allows you to appoint your Executors, include specific bequests (Wasiyyah) for the one-third portion of your estate, and any specific instructions like funeral arrangements.

It should also contain a revocation clause to cancel all previous Wasiat and codicils and a residuary clause that states how you want to distribute any remainder of your estate.

Ensuring validity of a Wasiat

For your Wasiat to be legally valid in Singapore, it must meet several strict requirements:

1. You must be a Muslim, 21 years old and above, be of sound mind and make the Wasiat voluntarily.
2. You can only bequeath up to a maximum of one-third of your assets, and only to beneficiaries who would not receive through Faraid.
3. The Wasiat must be printed or handwritten on paper and signed by you in person at the foot of the will.
4. Your signature must be made in the presence of 2 witnesses, who must also sign in your presence.
5. Witness Requirements: These 2 witnesses must be Muslim males, at least 21, and cannot be a Faraid beneficiary (or their spouse) or a beneficiary from the Wasiat (or their spouse).

Store your Wasiat securely, either at home in a safe box (ensure executors know the access code) or with your lawyer. Inform your executor(s) or close family members of its location. You can also store information online with My Legacy Vault or the Will Registry (charges may apply). The original Wasiat is generally needed for a Grant of Probate.

Common Mistakes to Avoid

You should take notes of these common mistakes when drafting a Wasiat:

• Using Do-it-yourself (DIY) Wasiat without professional advice

Attempting to save costs can lead to critical errors, especially given Faraid complexities and Singaporean law. Your Wasiat might be invalid or fail your intentions.

• Exceeding the one-third limit for Wasiyyah

Your personal bequests (Wasiyyah) cannot exceed one-third of your net estate. Bequeathing more will render that portion invalid and complicate distribution.

• Improper execution of your Wasiat

A valid Wasiat requires specific formalities, like proper witnessing. Failing to have the correct number of witnesses, or witnesses who aren't Muslim and of sound mind, can void your entire will.

• Not updating your Wasiat after significant life events

Review your Wasiat every 5 years and after any major life changes such as marriage, divorce, birth of a child, death of an executor or beneficiary. For major changes, you should write a new Wasiat and destroy your old Wasiat.

• Ambiguous or unclear wording

Vague language leads to misinterpretation and disputes. Ensure your intentions are crystal clear, leaving no doubt about who receives what.

While it is permissible to write a Wasiat yourself, consulting a lawyer well-versed in Syariah law is strongly encouraged to ensure its legal validity, especially if your estate or wishes are complex.

It safeguards your legacy, ensuring alignment with both Islamic principles and local law, thereby protecting your loved ones from future disputes.