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Estate Planning

Will

A Will contains the ‘last wishes’ or ‘last instructions’ of the deceased. It is a legal document in which a person, the testator, instruct who will manage and benefit from his estate. The person named to manage and distribute your estate in the Will is called the executor, his duty is to, literally, execute the testator’s wishes. A Will also dictate who will be the legal guardian for minor children or dependents. This is especially important when the dependents are incapable of taking care of themselves such as ill parents or special children.

Muslim Wills are govern by Syariah law and the Muslim Wills Enactment (Selangor) 1999 defined Will as an ‘Iqrar’ of a person made during his life time with respect to his property or benefit thereof, to be carried out for the purposes of charity or for any other purposes permissible by the Islamic Law, after his death.

Trust

A trust is a fiduciary arrangement that allows a third party, or trustee, to hold assets on behalf of a beneficiary or beneficiaries. Trusts are commonly used to control the distribution of the assets in terms of who should benefit from it, when and how much should be given. Assets held under trust usually do not form part of the estate of a testator, so beneficiaries may gain access to these assets more quickly than they might compared to assets that are transferred using a Will. If it is an irrevocable trust, it will not form part of the deceased estate and will be creditor’s proof.

Benefits of a Trust:

  • Controlled distribution

  • Creditor’s proof

  • Privacy

  • Avoid probate

  • Preserving wealth

  • Allowing wealth to last 3 generations

Life Insurance Trust

Life insurance trust is a trust that is set up for the purpose of owning a life insurance policy. A typical situation is where the policy owner would assign his life insurance policy to a trustee for the purpose of managing the payout of the insurance monies upon his death for the benefits of the beneficiaries, or when he is incapacitated, for his own benefit.

Benefits of a life insurance trust:

  • Immediate cash for funeral expenses
  • Save time by avoiding probate
  • Control over insurance monies after death or disability
  • To fund a Buy-Sell Agreement

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