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30 September 2025
Malaysian reality |
Why it matters for legacy |
What to plan for |
No estate or inheritance tax (currently) |
There’s no formal ‘death tax,’ but wealth can still diminish through other channels. |
Be mindful of Capital Gains Tax and Real Property Gains Tax (RPGT) when selling assets. Plan withdrawals strategically to minimise tax liability. |
Different inheritance rules |
Faraid applies to Muslims, while non-Muslims rely on wills and statutory nominations. |
Use Hibah, proper nominations, or trusts that are recognized by both the country’s legal and Shariah systems to ensure your wishes are carried out. |
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Inflation over time |
Your money buys less in the future. |
Keep some growth assets and check returns after inflation. |
Family disputes & probate delays |
Unclear instructions trigger fights and legal bills, and slow the estate process (probate). |
Use a clear will, keep nominations updated, and consider a corporate trustee. |
Your intent |
What that means in practice |
Helpful tools in Malaysia |
One generation |
Replace income, clear debts, pass assets efficiently; keep probate simple |
Life insurance/takaful with trust nominations/hibah, a basic will, clear guardianship instructions. |
Multi-generation |
Preserve principal, distribute rules-based income for decades |
Private family trusts (with age/education milestones), corporate trustee, buy-sell agreements for businesses. |
Property-heavy |
Avoid co-owner gridlock; plan around restrictions & tax |
Trust or SPV ownership, hibah/wasiyyah for Muslims; MRL-aware conveyancing. |
Trust tool |
What it does |
When to consider |
Private family trust (via licensed trustee) |
Holds and manages assets with clear distribution rules. |
Multi‑gen goals, blended families, special needs, or complex asset mixes. |
Corporate trustee + protector |
Adds oversight and continuity if individuals change. |
To reduce disputes and keep decisions professional over decades. |
Plan type |
How it helps legacy |
Probate/Nomination |
Bonus use‑case |
Savings/Endowment Insurance / Takaful Plans |
Disciplined contributions, potential bonuses, and protection to fund education or income gaps. |
Pays to nominees; can bypass probate with valid nomination. |
Bridge short‑term needs while longer assets are being administered. |
Investment-Linked Insurance / Takaful Plans (ILP) |
Market‑linked growth with protection; can scale coverage to estate size. |
Hibah/statutory trust nominations help proceeds reach heirs faster. |
Equalise inheritances when certain heirs receive illiquid assets (e.g., business/property). |
Feature |
Insurance/Takaful with proper nomination/hibah |
Conventional Unit Trust / Mutual Fund |
Estate handling |
Bypasses probate with trust nomination/hibah; direct to beneficiaries |
Part of estate; typically requires probate before transfers/sale |
Creditor claims |
Trust nomination proceeds excluded from estate; generally protected from creditors (subject to fraud rules) |
Fund units are estate assets; exposed to estate debts |
Objective |
Protection + targeted legacy; may include cash value/ILP growth |
Market growth/dividends; no estate mechanics |
Tool |
Primary Purpose |
Probate Treatment |
Creditor Exposure |
Payout Speed |
Typical Malaysian Use‑Cases |
Family Trust (private trust) |
Govern multi‑gen distributions; protect & grow assets |
Assets inside trust avoid estate probate |
Lower if properly structured |
N/A (trust already holds assets) |
Multi‑gen legacy, business continuity, governance |
Insurance / Takaful Plan (e.g., ILP like Sun Heritage‑i) |
Immediate liquidity + protection; legacy equalisation |
Bypass probate with valid nomination |
Generally protected from estate creditors |
Fast once claim is approved |
Income replacement, debt cover, equalising inheritances |
Unit Trusts |
Market‑linked growth & income |
Part of estate unless assigned to trust |
Normal market/creditor risks |
N/A (investment) |
Long‑term compounding for heirs |