The definition of inheritance is the assets and liabilities left by a person upon death and will be inherited by the legally entitled heirs. Good financial planning and estate management are important to ensure that the equality and welfare of the beneficiaries can be well preserved. Through the service of a will writing or a qualified estate administration service, it can ease and quicken the process of management and administration of the estate after one’s death through the appointment of a trusted executor, as well as guaranteed the welfare of children especially minors or disabled.
In general, estate planning involves two main items, namely the writing of wills and the administration of the estate. Will is an iqrar of a person made during his lifetime with respect to his property or benefit thereof, to be carried out for the purposes of charity or for any other purpose permissible by the Islamic Law, after his death. While a Will Writing, is a written document made during the life of the testator/customer for the disposition of property to their rightful heir.
The writing of a will is also an important step in the planning of the wealth, which allows a person to convey his wish/desire about how their property is distributed.
In general, wills are divided into two types, namely:
- A basic will is the appointment of an administrator to be an executor to the deceased's property after his death to ensure that the property of the deceased can be handled and distributed properly.
- A comprehensive will is a pledge or intention stated as well as the appointment of an executor (administrator) for the management of the distribution of the estate to the beneficiary after his death.
|Wasiat Rakyat (MAAB)||700*|
|Pusaka Rakyat (MAAB)||50|
The writing of a Will and the appointment of a trusted administrator is part of the planning of the estate which is an effort towards providing good to the beneficiaries after death to ensure the welfare and equality between the beneficiaries.
Among the virtues of doing the writing of a will is:
- Securing the future of the heirs with the intended division of property.
- The appointment of a trusted executor/administrator will guarantee the welfare and interests of the children (minors) after the death of the testator.
- Reduce the burden on the beneficiaries left behind including the debts of the deceased.
- Expressing the desire for the distribution of property for their loved ones as well as their welfare
If a person does not write a will or the absence of a trusted executor (administrator), the distribution of the deceased's property is as follows:
In the absence of a will, the property of the deceased will be distributed according to the ruling of faraid, in which the portion has been determined in accordance with Shariah to be distributed to the beneficiaries. (Surah An-Nisa' ayat 11, 12 & 176).
The absence of a will writing will result in the property being distributed based on the Distribution Act 1958.
The absence of a will writing, or the appointment of a trusted executor (administrator) also complicates the situation of the heir after the death of a person. Among the implications are:
- Unfair distribution of assets to heirs.
- Difficulties in listing and settling the debts of the deceased.
- Risking the well-being and rights of loved ones.
- A child with no blood ties (stepchildren and adopted children) will not get rights in the distribution of the estate.
- Long and difficult process of distribution and settlement of the estate.