islam property can be divided into several categories namely
tangible & intangible
movable & inmmovable
RELEVANT LEGISTRATION
Rules of Courts 2012
Small Estate Distribution Act 1995
The Public Trust Corporation Act 1995
Probate and Administration Act 1959
TESTATE AND INTESTATE
testate is a person who died leaving a valid will under wills Act
intestate is a person died without leaving any valid will
procedures of the Wills Act need to be followed in order to make a will effective
a defective will render the will invalid and makes the deceased person dying intestate
intestate = administrator need to apply for letter of administration from the High Court
testate = executor need to apply for grant of probate from the High Court
Distribution Of Small Estate
the distribution of small estate is provided in the Small Estate Distribution Act 1955 ( Act 98 ). The Act provides the admistration and procedure of distribtution
Distribution Of Non Small Estate
Documents
- death certificate => proof of death
- if death cannot be proved, an order of presumption of death need to be obtained from the High Court under the Evidence Act.
- a copy of will => for probate application
- list of assents and heirs of the deceased person
- Faraid certificate from the Syariah Court.
- letter to indicate that the heirs of the deceased agree to appoint one the heirs as administor of the estate
- letter from the heirs to indicate that they want to avoid other heirs to inherit the deceased astate
- appointment of guardian ( ad litem ) in case of minor or mentally incapacitate heirs.
