Muslim have always been encouraged to write their Wasiat.
As the prophet s.a.w said : "it is not permissible for any Muslim who has something to will to stay for two nights without having his last Will and Testament written and kept ready with him. (Sahih Al-Bukhari vol IV p.1).
Wasiat lets the person to choose a trusted person as an Executor. A male testator is empowered by Muslim law to appoint a guardian a person whom he trusts the most. The assets and liabilities of the deceased fall under the generic term "estate". If a Muslim dies intestate (without a wasiat), a beneficiary must take several steps before he can benefit from the inheritance.
Distribution of the proceeds of an intestate estate may take one to two years or longer. If there are obstacles, such as the failure of beneficiaries to agree on the choice of administrators, or the inability of the administrator to provide adequate sureties. Until all these legal requirements are met, the estate of the deceased remains frozen.
The existence of Faraid does not mean that a benefiaciary can obtain his entitlement immediately after the death of a person. Faraid exists in harmony with wasiat. The rights of heirs are protected under faraid and yet a testator may still make provisions to benefit loved ones who do not fall within the category of heirs in Islam such as adopted children or non-Muslim parents or any charitable body and the like. With a wasiat, he can still divide his assets according to Faraid.
Source: Smart Investor Magazine, January 2006 by Amna Fazillah Ismail of As-Salihin Trustee Berhad
