i wouldnt be too quick to say that. this will depend on who the beneficiary of the insurance is/are. lets say she took life insurance before getting married, and the beneficiary so happens to be her family, then the money is not the children's. although that wont explain how the family became the beneficiary of the husband's as well.

wasiat is 1/3 not 1/2

No point leh this Meleis pray2 everyday but songlap orphan's moneh

songlap orphan's money?
wow. ur adik beradik some more.

well from the explanation EPF and amanah raya gave to me, the names you fill up inside the forms(insurance/takaful/unit trust/epf) are not the only beneficiaries.

they might not even be beneficiaries.

they are just nominees, or more accurately trustees.

meaning their job is to distribute the wealth of the deceased and not keep it for themselves.

this is for muslims, of course.

they (epf/amanahraya) explained this because too many incidents of deceased naming unknown people (in some cases it was found out to be either a mistress or a secret 2nd/3rd wife) under the nomination form.

and of course as you pointed out, why would the husband name the family of his wife as the beneficiary of his insurance benefits.

that was old formula.

1/3 = settle debt and also pay for funeral expenses (if any)

1/3 = follow will (if any)

1/3 = follow fara'id

I got this new formula straight from amanahraya.

1. do full accounting of all of the deceased's assets and liabilities

2. pay of the outstanding debt and liabilities (and if he has house with MRTA/MRTT, then a bit easier as that part will be covered) and funeral costs (nowadays ppl join persatuan khairat so even that part sometimes already covered)

3. usually the balance is more than 2/3 worth of assets anyway hence why after finish all outstanding issues, just split the balance into equal 1/2s...

if that's the case, then they will need a court order to do that. and since the kids are alive, the court would rule in favor of the kids and the temporary guardian.

i say the beneficiary of the insurance are the family. hence there's little to no dispute about that. else, the guardian will have fought them first rather than go after her own brother and sister.

This is where you are mistaken

His prayers are answered with gifts in his account, for him its Rezeki yang Halal, cos masuk into his account

the children are also family, why would the wife's family deny her own daughters their share of the claims?

they don't love their own granddaughters/nieces?

and where are they in this whole story? even when this issue was hot news last year, the focus was largely on the guy's side of the family, not the wife...

meaning im still correct la, will is 1/3 (if any)

will =/= fara'id

but what if deceased does not have liabilities (debt)?

then the distribution will still be 1/2 will and 1/2 fara'id.

I never claimed will = fara'id.

from your previous post #2740 you mentioned about the 1/2 will and 1/2 fara'id as above

i asked around and what i got is for will max is 1/3 of anything remaining after debt (if any)

example if from wp; http://muftiwp.gov.my/index.php/perkhidmat...yang-dibenarkan

of course i dunno about amanahraya

and a lawyers group in telegram confirmed me on this also

and in your previous example you gave the children get 400k from will..then from fara'id they will get another portion..this is afaik not correct also..

will is only for non-heirs i.e. to ngo, friends, etc2..children already covered in fara'id so they cannot get any will..

amanahraya told me will is will, farai'd is faraid.

the person from amanahraya told me that children will still get their portion even if they are named in the will...

his explanation is that sometimes the deceased wants the children (or any other person that will get a portion of his wealth via farai'd) to get a bit more extra or say to get a specific part of his wealth.

example, he has RM5m, but in the form of frozen (house/car/business etc.) and liquid (cash/ASB/th account) assets.

he can do a will that states the sons get the business + cars but daughter get house (say the house value is less than business or that the deceased simply trust the sons to run the business better/take care of the car or any reason) and wife maybe didn't get anything.

and in fara'd the daughters still get 1/2 of whatever's left (probably cash etc.), the deceased's wife gets 1/4 and the sons get whatever's left ('asabah) which in this case would be 1/4 of whatever's left.

you are correct to say that will can have non-blood related person in it but there's no law barring any muslims to name anybody inside their will.

and children/parent/spouse/siblings if they get something from the will will also get their share from farai'd.

that bold part is wrong bro..waris thats already under fara'id line cannot get anything under will, unless given to them as hibah before the person dies..

i've forwarded this to a bunch of loyar buruk friends in telegram and they will contact amanahraya tomorrow..they also scratch their heads..

well i donno who is wrong or who is right.

amanahraya guy told me will can include ppl who get their share in fara'id as well, bcos of issue like i mention above

(where in a will the deceased can ensure that sons get certain type of harta bcos sometimes using fara'id sons normally only get leftovers and sometimes even zero).

as for the 1/3 max. distribution for will, iirc that is for ppl named in will but has no blood/family relation (like anak angkat or secret lover or maybe someone the deceased wants to bequeath somethng.)

put spoiler...la

secret lover

anyway some syariah lawyers i talked to handled a lot of bad wasiat cases from amanahraya..nevermind, hopefully about these kids, they get what is theirs and grow up properly..

yeah, as i mentioned amanahraya had received many cases of families disputing the nominee in their recently deceased loved ones epf account etc..

sometimes its a secret mistress or a secret 2nd/3rd wife etc. who is named in the epf form and not the deceased's own wife or children...

but kakak tu katanya mmg the person yang jaga most of the time.

and adik tu katanya cuma bawak bebudak tu sekali sekala je, kadang2 tak bawak balik rumah diorang pun, pagi bawak keluar, malam dah hantar balik kat kakak...

itulah, money can show you the true colours of ppl...

tu lah.....apesal nak faraid faraid kan lagi..ni bukan faraid, ini duit sumbangan orang ramai utk budak2 tu..setahu saya lah..tak tahulah kalau-kalau yang menderma tu ada yang niat nak supaya duit tu difaraidkan..