When inheritance exists, but your family can’t access it

Estate planning is crucial for Malaysian families to safeguard their future and ensure assets are distributed as desired. However, a common weakness lies in the delay between a person's death and when their beneficiaries can access those assets. Despite having property, savings, investments, and other holdings, they may not become immediately available to heirs due to the probate process and administration requirements.

In Malaysia, approximately RM90 billion in assets are frozen in probate, and as of December 31, 46,707 cases remained unresolved. This delay can have significant practical consequences for families, such as difficulty in meeting mortgage payments, school fees, medical bills, and everyday household expenses. Even in a country where many households have limited financial reserves, this can be particularly challenging, as 61% of Malaysians polled by Bank Negara would struggle to raise RM1,000 in an emergency and 40% rely solely on their own savings or family support.

A will is an essential estate planning tool that outlines how assets should be distributed and who should manage the estate. However, it does not guarantee immediate liquidity for the surviving family members. In cases of straightforward wills, the process can take up to four months from the date of application if there are no disputes.

Disputes, incomplete documentation, late claims, and the complexity of an estate can prolong the administration period. A living trust is another estate planning option that can address the liquidity issue. Under a living trust, selected assets are transferred to a trustee during the donor's lifetime and managed according to the terms of a trust deed.

Once the assets are placed in a trust, they are held in a separate structure, potentially allowing beneficiaries to receive income or benefits without waiting for the broader estate administration process to conclude. Living trusts can provide more specific arrangements around timing, access, and purpose for beneficiaries, such as regular payments for household expenses, education, or medical needs.

For Muslim families in Malaysia, estate planning must also consider faraid and other shariah requirements. The chosen structure must adhere to relevant legal and religious frameworks. Estate planning should focus on the household's resilience and the immediate financial needs of surviving family members rather than solely on the distribution of wealth after death.