Estate Planning

Case Studies

Here are some actual cases.

Case 1

A father passed away leaving behind 2 daughters. One of the daughters went to Syariah Court and applied for the Certificate of Inheritance (COI) and claimed that they were the deceased's own daughters. This was possible because the deceased's name was reflected on the daughters' particulars as their father. They were given the COI and later Letter of Administration from the (civil) court to dispose the estate.

Some time later, the deceased's brother claimed and proved that both the daughters were in fact adopted children. In this case, they would have no share in the deceased's estate. The Syariah Court revoked the first COI and issued a new COI that disposed the estate entirely to the deceased's brother.

What if the deceased really wanted the 2 daughters to inherit the estate?

He does have options within the Islamic Law. How?

Case 2

A Muslim convert died leaving behind a flat under sole-ownership. He was survived by his wife and no children. Based on Faraidh, the wife gets only 1/4 of the proceeds. Since they had no children or other legal heirs, the remaining 3/4 of the proceeds was given to Baitulmal. The flat had to be sold and the proceeds distributed based on Faraidh.

Is this what the deceased would have wanted?

He could have gotten his wife to inherit the flat, and yet be Syariah compliant. How?

Case 3

A husband passed away leaving a personal loan. His CPF money is not nominated. The CPF money was transferred to the Public Trustee for distribution according to the Syariah Court's Certificate of Inheritance. Wife claimed for settlement of late husband's personal loan from the CPF money. This was however rejected by the Public Trustee.

This issue could have been resolved if he had done some planning. How?

Case 4

A single man died without making a nomination to his CPF money. He left behind his father, mother and two sisters. The CPF money was transferred to Public Trustee for distribution based on the Syariah Court's Certificate of Inheritance using the Faraidh system. In this case the mother received only 1/6 and the father received 5/6 of the proceeds.

The parents have been divorced for many years. The mother had personally brought up the children from young. The father had failed to support the children's needs and had actually abandoned the family since the divorce.

Could the apparent injustice be easily rectified and still be Syariah compliant. How?

How? We assure you that we have the solutions. Contact us regarding your needs, and we will respond promptly.

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