Jumaat, 22 Jun 2018

Declaration of Hibah


Declaration of Hibah
Concept
As-Salihin’ product known as a Declaration of Hibah or Pri-Hibah is a declaration made  by the legal owner (“Donor”) of a specific property or asset stating  that he gives the property or asset to the named  beneficiary gratuitously (without any consideration). In the meantime, he is holding the property or asset as trustee  for the beneficiary during his lifetime.  It is a formal written document wherein the terms and conditions on which the Donor is holding the property or asset are set out.

Features
After the Declaration of Hibah has been executed, the property or asset is no longer the  Donor’s  property because the declaration takes effect immediately subject to terms and conditions stipulated  in the Declaration of Hibah. Consequently if the Donor later dies, the property or asset is not subject to Faraid distribution rules, as it is no longer part of his (the deceased’s) estate. 
In legal terms, the Declaration of Hibah is a combination Hibah (gift) and Amanah (trust) which gives room and flexibility to the Donor to control and manage the said property or asset during his lifetime, whilst the transfer of the said property or asset will be made upon the triggering event as stated in the Declaration of Hibah.  Therefore, expenses such as  administration fee, stamp duty fee and legal fee on transfer of immovable and movable assets (where  applicable)  will only be chargeable later when the triggering event occurs when as-Salihin Trustee Berhad is acting as trustee. 
A separate legal instrument, a Power of Attorney is used to  transfer the said property or asset upon the occurrence of the  triggering event. At the time when the Donor executes the Declaration of Hibah, he also appoints as-Salihin Trustee Berhad as his Attorney with power to take certain actions when the  triggering event occurs .  The Power of Attorney expedites the process of transfer of  the said property or asset without delay, and consequently the said property or asset is not frozen.
The Declaration of Hibah is valid and effective upon execution, and  there is no legal requirement to obtain an order or endorsement from Syariah Court  before the asset  is transferred to the named beneficiary. Any procedure involving the  Syariah Court will cause delay and further expenses and therefore should be avoided, unless the Declaration of Hibah is disputed by any party.
A Declaration of Hibah is usually made in respect of the donor’s properties or assets which are free from encumbrances. A declaration in respect of encumbered properties or assets is permitted only if the party holding the encumbrance (bank or financial institution concerned) gives its written consent.

As-Salihin’s services / range of products
As-Salihin Trustee provides a full range of estate planning services and products to the community, besides the  Declaration of Hibah.  An individual (client) who intends to execute a Declaration of Hibah may also wish to make a Wasiat (will)  and appoint as-Salihin Trustee Berhad as his Executor. Upon the client’s death, as-Salihin Trustee Berhad (as Executor of the deceased’s will) can then administer  the entire assets of the deceased, as well as  take charge of all his liabilities and  ensure all debts  are settled.
Properties or assets identified under the Declaration of Hibah cannot be used for settling the debts of the deceased. It is therefore advisable for the Donor to declare only specific properties or  assets as Hibah, so that the rest of his properties or assets remain part of his estate upon his death, and can be used for settling his debts, and the balance (if  any) to be distributed to his heirs. 

Prepared by Amna Fazillah Binti Ismail
Executive Vice President
as-Salihin Trustee Berhad
8 February 2017.


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