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Can I gift my jewellery to a family member through a Wasiat?

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Jewellery and all assets owned by a person that have a certain value, form part of the deceased's estate and must be distributed according to Faraid law. The exception is assets that have been nominated through an instrument of nomination, such as Central Provident Fund (CPF) savings and insurance.


You can make a Wasiat to distribute your assets, but the Wasiat is only valid if it meets the criteria set out below:


a) Up to one-third of the total estate,


b) The recipient of the distribution through the Wasiat is not a Faraid heir (such as an adopted child, illegitimate child, siblings who do not receive through Faraid, non-Muslim parents, etc.),


c) Requires two witnesses who are not the recipient of the Wasiat.

Therefore, you can make a wasiat, but the recipient of the will cannot be your Faraid heir, such as your daughters. You can put the name of the recipient as stated in (b) above as the recipient.


Giving During Your Lifetime

Sometimes, a person wants to give their jewellery to their family, such as their daughters. To avoid any conflicts during the distribution of your legacy or estate after you pass away, it is recommended that the jewellery be gifted while you are still alive. Assets given during your lifetime are not included in the list of estate assets after you pass away.

If you want to give the jewellery, or any of your assets, to your loved ones while you are still alive, it is recommended that you obtain a witness to avoid any misunderstandings in the future.


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