Muslim Inheritance Law in Singapore
The Muslim law of inheritance, also referred to as Faraid law, governs the distribution of a deceased Muslim’s estate among their heirs. In Singapore, Muslim estates are regulated under the Administration of Muslim Law Act (AMLA). As per Section 112 of the Act, when any Muslim individual domiciled in the country passes away, his property must be administered and distributed in accordance with Faraid law. In addition, any Will or Wasiat that was made by the deceased must adhere to the principles of Faraid.
Excluded Assets from Distribution
Under Muslim inheritance law, the following assets are excluded from distribution:
- Nominated life insurance payouts
- Nominated Central Provident Fund (CPF) monies
- Property owned under joint tenancy
- Jointly acquired assets (by the deceased and spouse)
- Assets given away (under the Will)
Grant of Probate and Distribution
Once the executors and trustee named in the Will apply for a Grant of Probate—a document that confirms the executor’s authority—they can proceed with distributing the estate according to the deceased’s wishes as outlined in the Will. It’s important to note that under Muslim inheritance law, only 1/3 of the estate in the Will can be bequeathed as Hibah (gift). The remaining 2/3 must be distributed among the heirs, where male heirs generally receive twice the shares of female heirs.
Male Heirs
- Son
- Father
- Grandfather (father’s father)
- Grandson (son’s son)
- Husband
- Brother
- Uncle (father’s brother)
- Nephew (brother’s son)
- Half-brother
- Male cousin
- Direct male descendants
Female Heirs
- Daughter
- Mother
- Grandmother (mother’s mother and father’s mother)
- Granddaughter (son’s daughter)
- Wife
- Sister
- Half-sister
Distribution in the Absence of a Will
In cases where there is no Will, an administrator is responsible for distributing the estate according to the Inheritance Certificate, issued by the Syariah court. This certificate specifies how the estate will be divided among the beneficiaries. Before applying for a Grant of Letters of Administration, the administrator (usually the next-of-kin) must adhere to Faraid law for the estate’s distribution.
Legal Assistance for Muslim Inheritance
When preparing your Muslim inheritance, it is essential to consult a law firm with experienced lawyers who are well-versed in Muslim laws. This ensures that you are fully prepared for any eventuality and that your family is taken care of. Whether you need assistance in drafting a Wasiat, applying for probate, or seeking guidance on estate distribution, our legal experts are ready to assist you.
Get in touch with us today to ensure your family’s future is secure!