Islamic Legacy Planning

Wasiat

Write a Wasiat (Muslim Will)

O believers! When death approaches any of you, call upon two just Muslim men to witness as you make a bequest; otherwise, two non-Muslims if you are afflicted with death while on a journey. If you doubt ˹their testimony˺, keep them after prayer and let them testify under oath ˹saying˺, “By Allah! We would never sell our testimony for any price, even in favour of a close relative, nor withhold the testimony of Allah. Otherwise, we would surely be sinful.”
(Al-Ma’idah 5:106)

Overview
How to write a Wasiat (Muslim Will)
Make sure your Wasiat is valid
Update or change your Wasiat
If you don’t have a Wasiat
Example of a Wasiat

Overview

A Wasiat or Muslim Will is a legal document that lets you decide what happens to your money, property and possessions after your death. Your Wasiat lets you say:

who you want to carry out your Wasiat (an executor)
how your assets (up to one-third) will be distributed to the people or organisations you choose (other than your Faraid beneficiaries)
your last wishes and instructions for your loved ones

Your CPF savings will not be covered by a will or Wasiat. You will need to make a CPF nomination if you want to distribute your CPF savings according to your wishes.

Who can make a Wasiat

To write a Wasiat, you must:

be a Muslim
be 21 years old and above
be of sound mind
make your Wasiat voluntarily without being forced or taken advantage of by someone else

You can write a Wasiat yourself. However, you are encouraged to consult a lawyer well-versed in Syariah law if you want to make sure that your Wasiat is legally valid, or if your Wasiat is likely to be complicated.

How to write a Wasiat (Muslim Will)

Your Wasiat should include:

a list of all your assets
who you want to benefit from your Wasiat (your 'beneficiary')
how much each beneficiary should receive from your estate
who is going to manage your estate and carry out your wishes after your death (your 'executor')
revocation clause to revoke any previous Wasiat and codicils
a residuary clause that states how you want to distribute any remainder of your estate

Choose your executor

There are legal requirements to be an executor. Your executor must:

be 21 years of age or older
be of sound mind
·not be a bankrupt

An executor can also be named as a beneficiary under your Wasiat, as long as they fulfil the legal requirements.

When choosing the executor(s) for your Wasiat, think about whether they are able to carry out your wishes. They could be:

a family member
a friend
your husband, or wife
a professional executor, such as a licensed trust company or a lawyer

Get legal advice

Get legal advice from a professional if your Wasiat is not straightforward, for example:

you have property or assets overseas
you share a property with someone who is not your spouse
you want to leave money or property to a dependant who cannot care for themselves
you have several family members who may make a claim on your Wasiat, such as a second spouse or children from another marriage
you have a business

Store your Wasiat safely

It is important to keep and store your Wasiat safely. You may consider storing your Wasiat:

in a safe box at home
with your lawyer

You should tell your executor(s) or close family members where your Wasiat is. If you decide to keep your Wasiat in a safe box at home, make sure that your executor(s) know the access code.

Make it easier for your loved ones to find a copy of your Wasiat when they need it. You can store information about your Wasiat securely online with MyLegacy vault.

Alternatively, you can also consider storing information about your Wasiat with the Wills Registry. Charges will apply.

Your executor(s) will generally need to have the original Wasiat in order to apply for a Grant of Probate.

Make sure your Wasiat is valid

For your Wasiat to be legally valid, you must:

be 21 years old and above
make it voluntarily
be of sound mind
·only bequeath up to a maximum of one-third (⅓) of your assets
·only bequeath to beneficiaries who would not receive through Faraid
make sure that your will is printed or handwritten on a paper document
sign it in-person at the foot of the will
sign it in the presence of 2 witnesses (requirements below)
have it signed by your 2 witnesses, in your presence

Your 2 witnesses:

Must be 2 Muslim males
Must both be at least 21 years old
Must not be a Faraid beneficiary (or his spouse)
Must not be a beneficiary from the Wasiat (or their spouse)

Update or change your Wasiat

You should review your Wasiat at least every 5 years and after any major change in your life, for example:

getting married (this cancels any Wasiat you made before)
getting separated or divorced
having a child
moving house
if the executor named in the Wasiat passes away
if a beneficiary named in the Wasiat passes away

Writing a new Wasiat

For major and substantial changes, you should make a new Wasiat.

Your new Wasiat should explain that it revokes (officially cancels) all previous Wasiat and codicils. You should destroy your old Wasiat by disposing of it or tearing it up.

If you don’t have a Wasiat

If you pass away without a Wasiat, the estate settlement process can take a longer time and cost more for your family members.

Without a Wasiat, your surviving family member(s) will have to apply for a ‘Letters of Administration’ before they can manage or distribute your estate. This process can require more steps and involve greater legal or administrative costs.

If you pass away without a Wasiat or will, the law determines who gets what.

For Muslims, the Intestate Succession Act would not apply. The distribution of estate will instead follow the inheritance certificate issued by the Syariah court.

Example of a Wasiat

Disclaimer: Nothing in the information provided is intended to be nor shall it be construed as legal advice. Your reading of any part and our provision of this information does not create a solicitor-client relationship. You should consult your legal or other professional advisers to ensure that your legacy planning complies with applicable law and that it meets your needs.