A wasiat is an Islamic will that allows a Muslim testator to distribute up to one-third of their estate to non-heirs or for charitable purposes. It is a critical estate planning tool for Malaysian Muslims who want to direct assets beyond what Faraid prescribes.
What Is a Wasiat?
A wasiat is a written or oral instruction to distribute part of one's estate after death according to Islamic law. Key limitations: maximum is 1/3 of the net estate. Cannot be made in favour of existing Faraid heirs (unless all other heirs consent). Takes effect after death and is subject to debts being settled first.
What Can You Do with the 1/3 Wasiat Portion?
The wasiat portion can go to: non-Muslim family members (who cannot inherit under Faraid), charities (waqf), non-heir relatives (e.g., unmarried sibling not entitled under Faraid), friends, religious institutions, hospitals. This makes wasiat essential for Muslims with complex family situations.
How to Make a Valid Wasiat in Malaysia
Requirements: 1. Testator must be of sound mind and adult age. 2. Written wasiat is preferable (witnessed by two adult Muslim males). 3. Register with Amanah Raya Berhad for custody and execution. 4. Clearly identify the beneficiaries, assets, and proportions. 5. Must not exceed 1/3 of net estate. 6. Heirs can consent to exceed 1/3 if they wish.
Wasiat vs Will (Faraid Assets)
Remember: wasiat only controls 1/3 of the estate. The remaining 2/3 follows Faraid regardless of what the wasiat says. If you want to give more than 1/3 to a specific person, use hibah (gift during lifetime) instead.
Where to Register Your Wasiat
Amanah Raya Berhad (Wasiat Amanah Raya), MAIS (Majlis Agama Islam Selangor), and state religious councils offer wasiat registration services. Online wasiat services are now also available through several legal tech platforms.