Hibah Amanah FAQ

FAQ about Hibah Amanah.

 

Question

Answer

1

What is TH Hibah Amanah?

Hibah Amanah TH is a voluntary gift from TH Depositor’s savings account to the Recipient(s) during his lifetime on the basis of love without any coercion and where an ijab qabul between the Depositor and the Recipient(s) takes place. 

The property(s) will be held by the Depositor as the trustee. The ownership of the property(s) will be transferred to the Recipient(s) after the demise of the Depositor and/or to any person who is entitled to inherit the properties under the Syariah Law, should the Recipient(s) dies before the depositor.

2

Why does TH offer Hibah Amanah TH?

  • Hibah Amanah Depositors are free to bequeath their owned asset(s) to any recipients of their choice.

  • The grant and acceptance of TH Hibah Amanah is not subjected to faraid. Therefore, anyone is eligible to receive Hibah Amanah Asset(s).

  • Hibah Amanah asset(s) that have been granted perfectly cannot be claimed by other heritors through faraid.

  • As an alternative or solution for assets division for New Muslim Converts/Muallaf that do not have Islam inheritors or for the adopted children.

  • Hibah Amanah Depositors are still able to enjoy the benefits, make transactions and get all the benefits from the allocated Hibah Amanah asset(s) for as long as the Depositor and Recipient is still alive.

  • Cancellation and amendment of TH Hibah Amanah cannot be done without the agreement of Hibah Amanah Recipient, unless the Hibah Amanah Recipient is the biological child and/or the biological grandchildren of the Hibah Amanah Depositors.
     

3

Prior to the launch of TH Hibah Amanah, how did TH handle the savings account for TH Depositor’s who has passed away?

  • For Depositors who made a nomination,, TH Depositors account savings balance can be claimed by the  Named Beneficiary that was appointed by the Depositor. The Named Beneficiary acts only as a Trustee and is responsible for the distribution of TH Depositor’s account savings balance to the inheritors according  to Faraid Laws.

  • For Depositors who did not make a nomination, depositors inheritor can claim TH Depositors savings account by submitting a Power of Attorney / Order (Syariah Court / Civil Court / Small Claims Land Office / Amanah Raya Berhad)
     

4

What are TH roles and responsibilities in the TH Hibah Amanah agreement?

Hibah Amanah Recipients appoints Hibah Amanah Depositors as a trustee. However, at the event of the Hibah Amanah Depositor’s demise, TH acts as a Replacement Trustee to administer and distribute Hibah Amanah asset(s) (TH money savings) that was granted by Hibah Amanah Depositors to Hibah Amanah Recipients.

5

Where can the application for TH Hibah Amanah be done?

Application for Hibah Amanah TH can be done at any TH branch offices within Malaysia.

6

Must the Hibah Amanah Recipients give consent towards the TH Hibah Amanah distribution agreement?

Hibah Amanah Depositors will need to get an agreement from the Hibah Amanah Recipient before registering for TH Hibah Amanah because Ijab and Qabul (sighah) between both parties are mandatory.

7

Can the Hibah Amanah Depositor use the money in the TH account savings once application for TH Hibah Amanah is made?

Yes. The Hibah Amanah Depositor can use the Hibah Amanah Asset(s) for their own benefits, making transactions and getting all the benefits related to Hibah Amanah Asset(s) as long as Hibah Amanah Depositor/Recipient are still alive.

8

What if a Hibah Amanah Recipient passes away before the Hibah Amanah Depositor? 

If a Recipient of Hibah Amanah TH dies before the Depositor, the asset(s) shall become an inheritance of the Recipient. The asset(s) will be distributed by TH to the Recipient’s heritor based on the Power of Attorney/Order submitted by the administrator/heritor of the Recipient when a claim is made.

9

Who is able to make a claim on thefor Hibah Amanah TH if the Recipient of the Hibah Amanah passed away prior the Depositors?

The heirs of the Hibah Amanah Recipient are able to make a claim towards Hibah Amanah TH assets at any TH branch office.

10

Can the Hibah Grantor register for the  Hibah Amanah TH if he has already nominated his savings account at TH?

Yes, but the existing Nomination will be nullified. Hibah Amanah TH provides an option to the Grantor whether to assign his savings as Hibah Amanah TH entirely or as a combination of Hibah Amanah and as per Nominations. The total percentage of the Hibah Amanah or combined Hibah Amanahand Nominations must amount to one hundred percent (100%). If the Grantor registers for Hibah Amanah or decides on the combination, any Nomination that has been made before will be void.

11

Can a person who is of an unsound mind and/or under 18 years of age be a Recipient of Hibah Amanah?

Yes, but the Grantor of Hibah Amanah must appoint a Legal Guardian if the Recipient is under 18 years of age and/or of unsound mind. The Legal Guardian is responsible for all transactions involved for the benefit and welfare of the Recipient. When the Recipient of the Trust Grant reaches the age of 18, then the authority as Legal Guardian ceases. Whereas for Recipients who are of unsound mind, the authority as Legal Guardian is permanent as long as it is not amended or revoked.

12

Is the Hibah Amanah TH distributed according to the amount or percentage?

  • Distribution of the Hibah Amanah TH will be determined by the Grantor according to the percentage. The amount that will be received by the Beneficiary of the Trust Grant is dependent on the total balance of the TH Savings Account of the Grantor when claims are made.

  • In the event where the Recipient passes before the Grantor, payments will be made to the Recipients heritor based on a percentage of the amount available on the date of the Recipient’s death and if the amount has decreased, TH will disburse the amount based on the balance when the claim is made by the heritor. It is the responsibility of the Grantor to make the payment of the difference to the heritor of the Recipients.
     

13

What are the documents that need to be submitted to make an application and claim for the Hibah Amanah TH?

(i) Documents that must be submitted by the Depositor when applying for Hibah Amanah TH :

  • Hibah Amanah TH Application Form (JP031)

  • Power of Attorney letter/document

  • Self-Identification Document of the Grantor/Depositor (original and certified copy);

  • Self-Identification Document of the Recipient(s)/Legal Guardian/*Name Beneficiary (certified copy);

  • Birth Certificate/Adoption Certificate for the Beneficiary of the Grantor who are under the age of 18 (certified copy);

  • Supporting documents that certifies the Recipient as of unsound mind (certified copy) 

  • Hibah Amanah TH registration is charged at RM190.00

  • The TH Account minimum balance must amount to a minimum of RM1,200.00 (including registration fee) and if the Depositor has registered for Hajj (except EPF), the minimum balance must amount to a minimum of RM2,500.00.
     

ii) Documents that must be submitted by the Recipient when Making a claim for Hibah Amanah TH

  • Hibah Amanah TH Claims WIthdrawal Form (JP035)

  • Self-Identification Document of the Recipient/Legal Guardian/*Named Beneficiary (original and certified copy)

  • Death Certificate/Death Abroad Report of the Grantor (original and certified copy)

  • Birth Certificate/Adoption Certificate (if the Recipient is under 18 years of age and/or of unsound mind). (original and certified copy)

  • Death Certificate/Death Report Abroad for Trust Grant Beneficiaries/ *Name Beneficiaries who have passed away. (original and certified copy)

  • Power of Attorney/Order document (if the Recipient has passed away). (original and certified copy)

  • The cost of each Hibah Amanah claim is charged at 1 percent (1%) of the balance
     

14

Will the Recipient receive a notification when a Hibah Amanah TH application is registered?

No. It is the responsibility of the Grantor to inform the Recipient.

15

Can the Recipient of the Hibah Amanah TH consist of a charity/ foundation/ organization or institution?

No. Recipients of Hibah Amanah TH must be an individual who are not from or representing any charities/ foundations/ organizations or institutions.

16

When applying for a Hibah Amanah TH, what is the minimum balance required in the TH Account?

The TH Account minimum balance must amount to RM1,200.00 (including registration fee) and if the Depositor has registered for Hajj (except registration through EPF), the minimum balance must amount to RM2,500.00.

17

Why is it necessary to have a minimum balance of RM1,000.00 (not including the registration fee) in the TH savings account of the Grantor when and after registering for Hibah Amanah TH?

The Grantor must at all times maintain a minimum balance of RM1,000.00 to ensure the existence of a Hibah in the event of the death of the Grantor or the Recipient.

18

Can the Grantor amend and/or cancel a registered Hibah Amanah TH registration?

Boleh, sekiranya Penerima Hibah Amanah itu terdiri daripada anak kandung/cucu kandung kepada Pemberi Hibah Amanah.

  • Yes, if the Recipient is a biological child/grandchild of the Grantor.
     

  • Apart from the relationship, the Grantor must obtain the consent of the Recipient before any amendment or cancellation is made.

  • For both of the above situations, the amendment or cancellation must be done while the Recipient is still alive.

  • The costs involved are as follows:-
    - Amendment RM10.00
    - Cancellation RM70.00

19

How can the Grantor amend the Hibah Amanah TH?

  • Hibah Amanah TH can be amended for the following purposes:

    i) Cancelling one or more Recipients/ Legal Guardians/ *Named Beneficiaries.

    ii) Including additional Recipients/ *Named Beneficiaries.

    iii) Replacing Recipients/ Legal Guardians/ *Named Beneficiaries.

    iv) Amending the percentage of the Hibah Amanah Distribution

  • Complete the Hibah Amanah TH Amendment Form/*Nomination is subject to the terms & conditions that have been set.

20

How can the Grantor cancel the Hibah Amanah TH?

Hibah Amanah TH can be cancelled by completing the Hibah Amanah TH/*Nomination Cancellation Form subject to the terms & conditions that have been set.

21

Can the savings account of the Grantor be closed after the registration of the Hibah Amanah TH is made?

It is possible, the Grantor must make a cancellation of the Hibah Amanah TH first as per stated in numbers 19 and 21 above.

22

What happens if the Grantor is declared bankrupt?

The Hibah Amanah TH will not be cancelled, but TH will manage the Hibah Amanah in accordance with the terms and rules set by TH subject to the bankruptcy law in force. TH reserves the right to freeze the Hibah assets if there are any legal provisions that require it to do so until the matter is resolved with the parties involved. TH will not be responsible for any loss suffered by any party in relation to any action taken under this provision.

23

What happens if the Grantor of the Trust loses mental capacity?

In the event that the Grantor has lost mental capacity, the withdrawal of money from the TH savings account of the Grantor by the representative is allowed on the condition of obtaining written consent from all the entitled heritors based on Syarak Laws and subject to the Hajj Fund Act 1995 (Act 535) and all TH regulations in force as well as the Hibah Amanah TH Application Form/*Nomination.

24. What is the difference between Nomination and Hibah Amanah TH? 

Description Nomination Hibah Amanah TH
Eligibility Requirements for Recipient of Hibah Amanah
  • Applicants must be a TH depositor;
  • Mentally Sound; and
  • Aged 18 years and above.
  • Subject to the terms and conditions of the Borang Penamaan
     
  • TH Depositors
  • Mentally Sound;
  • Aged 18 years and above
  • Have an adult savings account; and
  • Subject to the terms and conditions in the Borang Permohonan Hibah TH/ * Nomination, Hibah Amanah TH, Deed of Trust and Power of Attorney.

Eligibility Requirement for Recipient Nominator / Hibah Amanah Recipient 
  • Number of Recipient Nomination is limited to two (2) peoples only;
  • Heirs according to Syarak rulings.
  • Mentally Sound; and
  • No age limit.

 
  • A Malaysian citizen or not a Malaysian citizen.
  • No limit to the Recipient Hibah Amanah;
  • Muslim or Non-Muslim;
  • Mentally Sound (If not mentally stable, Hibah Recipient require to appoint a legal guardian); and
  • No age limit (if Hibah Amanah Recipient is under 18 years old, Hibah Amanah Recipient required to appoint a legal guardian).

 

Supporting Document for the Application
  • TH depositors Personal Identification Document.
  • Hibah Amanah Recipient Personal Identification Document (the original and a certified copy)
  • Hibah Amanah Recipient Recipient Personal Identification Document / Legal Guardian (a certified copy);
  • Birth Certificate / Certificate of Adoption for Recipient of Hibah Amanah under the age of 18 years old (a certified copy);
  • Supporting documents for mentally disabled Recipient of Hibah Amanah  (a certified copy)

When will the payment happen? 
  • Depositors have passed away.
  • Hibah Amanah Recipient has passed away; or
  • Hibah Amanah Recipient passed away prior to the Depositors.

Nominee Payment Recipient / Hibah Amanah TH

Depositors' savings will be paid to the Nominee Recipient named in the Borang Penamaan which will do the distribution according to Shariah rulings (Faraid).

Hibah Amanah assets will be paid to the Hibah Amanah Recipient/*Legal Guardian named in the Borang Permohonan Hibah Amanah TH/ *Nominee or to the heir of the Hibah Amanah in case the Recipient.
Registration
  • The Depositor present at TH branch office
  • Completes the Nomination Form (Requires the signature and thumb print of the depositor).
  • The Grantor present at TH branch office.
  • Completes the Hibah Amanah TH/*Nomination Application Form(JP031), Hibah Amanah Deed of Trust and Power of Attorney.
  • Requires information and signature of the Hibah Amanah Recipient/ Legal Guardian/ Named Beneficiary/Witness.

Update Information
  • Depositors need to fill up a new Nomination Form and the existing of the Nomination Form will be nullified.
  • Does not require the Named Beneficiary’s consent
  • Hibah Amanah Grantor may update personal information by completing the Borang Maklumat Ahli (JP003), while updating personal information of the Hibah Amanah Recipient/ Named Beneficiary’s and/or Legal Guardian will need to use Borang Kemaskini Maklumat Peribadi Hibah Amanah TH/* Penamaan (JP032)
  • Not require the Hibah Amanah Recipient/ Legal Guardian/ Named Beneficiary’s consent.
Amendment
  • Depositors will need to fill up again with a new Borang Penamaan and the existing Borang Penamaan will be revoked.
  • Not require the Named Beneficiary’s consent
  • The Depositors cannot amend Hibah Amanah without the consent of the Recipient of Hibah Amanah except where the Recipient of Hibah Amanah is a biological child/grandchild of the Depositor, in which case it is suffice for the Depositor to verify that biological child/grandchild is still alive.
  • The amendment of Hibah Amanah is subject to the terms and conditions contained in the Borang Pindaan Hibah Amanah TH/*Penamaan (JP033)
Cancellation
  • The Depositor must go to the TH Branch Offices for the Nomination cancellation.
  • Not require the Named Beneficiary’s consent
  • The Depositor cannot cancel Hibah Amanah TH without the consent of the Recipient of Hibah Amanah except where the Recipient of Hibah Amanah is a biological child / grandchild of the Depositor, in which case it is suffice for the Depositor to verify that biological child / grandchild is still alive.
  • The cancellation of Hibah Amanah is subject to the terms and conditions contained in the Borang PIndaan Hibah Amanah TH / *Penamaan (JP034).

Effective Period

 Immediately Immediately

Application Cost

 No RM190.00

Cancellation Cost

 No RM70.00

Amendment Cost

 No

RM10.00

Claiming Cost

 No

A base rate of one percent (1%) of the Depositor’s fund balance or a maximum of RM10,000.00 which will be deducted from TH savings accounts of the Depositors.

Updating Cost

 No No

Number limit of Named Beneficiary’s/Recipient of Hibah Amanah

2 Beneficiaries only.

No limits.

Process period for inheritance payment / Hibah Amanah TH

In 14 working days.

In 30 working days.

When can a claim be made?
  • After the Depositors has passed away.
  • Named Beneficiary’s / the heir require to complete Borang JP005 and/or JP006
  • After the Depositors or the Recipients of Hibah Amanah have passed away.
  • The Recipient of Hibah / the heir of the Recipient of Hibah/ Nominee’s require to complete Borang Tuntutan Pengeluaran Hibah Amanah TH/* Penamaan (JP035)

 

EXAMPLE OF SITUATION 1:

The Recipient of Hibah Amanah Passes Away:

En.Abu (Depositors) has registered Hibah Amanah TH of 25 March 2015  and has named 2 people as the Recipient Hibah Amanah based of the distribution percentage which is Cik Aminah was hibah as much as  50% and En Amir as much as 50%. On 31 March 2015, En Abu passed away. The savings balance in TH at that time was RM500,000.00. How much will be received by both of the Recipients of Hibah Amanah?

Account closing of the Hibah Amanah Grantor (En.Abu) calculation process  :

  • TH savings account balance when the claim was made = RM500,000.00

Deduction

  • Account Closing Fee RM5.00
  • 1% Claim Fee (1% x RM499,995.00) = RM4,999.95

RM500,000.00.00 – RM5.00 – RM4,999.95 = RM 494,995.05

The total amount that would be distributed to the Hibah Amanah Recipients is RM494, 995.05

a) The amount that should be received by Cik Aminah
Received portion = 50%
En Abu’s account balance = RM494, 995.05
Hence,
50% xRM494, 995.05 = RM247, 497.52 

b) The amount that should be received by Encik Amir
Received portion = 50%
En Abu’s account balance = RM494, 995.05
Therefore,
50% xRM494, 995.05 = RM247, 497.52 
 

 

SITUATION EXAMPLE 2 :

The Grantor of Hibah Amanah Passes Away:

Mr Hussaini (Hibah Amanah Grantor) registered for Hibah Amanah TH on January 1 2015 and named 3 Hibah Amanah Recipients according to the percentage distribution, where Ms Zulaika was granted 20%, Mr Ridzuan 20% and Mr Rafizi was granted 30%. 

In addition, he has also named his son, Mohd Haziq as the Beneficiary for the remaining surplus amounting to 30%. 

On April 1, 2015, Mr. Hussaini passed away. His total TH savings account balance at that point of time was RM2 million. What will be the amounts received by the three Hibah Amanah Recipients and one Named Beneficiary based on the above situation?


Account closing of the Hibah Amanah Grantor (En Hussaini) calculation process :

  • TH savings account balance when the claim was made = RM2,000,000.00

Deduction

  • Account Closing Fee RM5.00
  • 1 % Claim Fee (1% x RM1,999,995.00) = RM19,999.95
       (Maximum Fee RM10,000.00) 

RM2, 000,000.00 – RM5.00 – RM10,000.00 = RM1, 989,995.00 

The amounts that will be distributed to the Recipients and Named Beneficiaries are RM 1,989,995.00

a) Amount received by Ms Zulaika
Amount granted = 20%
En Hussaini’s account balance = RM1,989,995.00
Therefore,
20% x RM1,989,995.00 = RM397,999.00

b) Amount received by En Ridzuan
Amount granted = 20%
En Hussaini’s account balance = RM1,989,995.00
Therefore,
20% x RM1,989,995.00 = RM397,999.00

c) Amount received by En Rafizi
Amount granted = 30%
En Hussaini’s account balance = RM1,989,995.00
Therefore,
30% x RM1,989,995.00 = RM596,998.50


d) Amount received by En Mohd Haziq (Nominated Recipient)
Amount nominated = 30%
En Hussaini’s account balance = RM1,989,995.00
Therefore,
30% x RM1,989,995.00 = RM596,998.50
 

 

SITUATION EXAMPLE 3 :
The Recipient of Hibah Amanah Passes Away

Mr. Hassan (HIbah Amanah Grantor) registered for Hibah Amanah TH on January 1, 2015 and named 2 Recipients based on percentage distribution, where Ms. Noni was granted 70% and Mr. Zul at 30%.

On 1 April 2015 Ms. Noni passed away and Cik Noni's heirs came to TH to make a claim. Mr. Hassan’s TH account balance when the claim is made is RM50,000.00 (assuming the account balance at the time of death and the claim is the same). What is the amount of the claim that would be received by Ms. Noni's heirs?

Amount received by Ms. Noni’s heirs :
               Claimable percentage = 70%
               Mr. Hassan’s account balance = RM 50,000.00

               Therefore, 

Deduction

  • Account Closing Fee RM5.00

RM50, 000.00 – RM5.00 = RM49, 995.00 

Amount that would be distributed to Hibah Recipients is RM 49,995.00
70% x RM 49,995.00 = RM 34, 996.50

Deduction

  • 1% x Claim Fee (1% x RM34, 996.50) = RM349.96

 RM34, 996.50– RM349.96= RM34, 646.54

Amaun received = RM34,646.54

 

SITUATION EXAMPLE 4 :
Hibah Amanah Recipient Passes Away And Nominated Recipient Is Still Alive

Mr. Hussaini (Trust Grant Grantor) has registered for Hibah Amanah TH and named 3 Hibah Amanah Recipients based on percentage distribution, where Ms. Zulaika was granted 20%, Mr. Ridzuan 20% and Mr. Rafizi is granted 30%. In addition, he has also nominated his son, Mohd Haziq as the Beneficiary for the remaining fund amounting to 30%.
A month after the Hibah registration, Ms. Zulaika passed away and her heirs claimed 20% of her Hibah portion. At the point when the claim was made, Mr. Hussaini's total account balance was RM8 million. 6 months later, Mr. Ridzuan also passes away and his heirs have also made a claim on the allotted share. At the point when the claim was made, Mr. Hussaini's total account balance was RM4 million. After 5 years, Mr. Rafizi passed away and his heirs made a claim on the portion that had been allotted. Mr. Hussaini's total account balance at that time was RM10 million. What is the amount of claims that will be received by the three heirs of the Hibah Amanah Recipients based on the above situation?
 

a) Total that will be received by Ms. Zulaika’s heirs
Percentage claimed = 20%
En Hussaini’s account balance = RM8 juta
Therefore,

Deduction

Account Closing Fee RM5.00
RM8,000,000.00 – RM5.00 = RM7,999,995.00

The amount that will be distributed to the Hibah Recipient’s heirs is RM7, 999,995.00
20% x RM 7,999,995.00 = RM1,599,999.00

Deduction

1% Claim Fee (1% x RM 1,599,999.00) = RM 15,999.99
 (Maximum Fee RM 10,000.00)

RM1, 599,999.00 – RM10, 000.00 = RM1, 589,999.00

Amount received = RM1,589,999.00

b) Total that will be received by En.Ridzuan’s heirs
Claimed percentage = 20%; but after Ms Zulaika’s heirs’ claim, this portion has become 25%.
{20% / 80% (100% - 20% claimed percentage) x 100% = 25%}
En Hussaini’s account balance = RM 4 million

Therefore,

RM 4,000,000.00 - RM5.00 = RM 3,999,995.00
25% x RM 3,999,995.00= RM 999,998.75

Note: Considering that the maximum amount of claim fee for each Hibah Amanah TH account is RM 10,000.00, the claim fee is no longer applicable to this Hibah Amanah’s Grantor’s TH Account.
 

c) Total received by En.Rafizi’s heirs
Claimed percentage = 30%, but after Ms Zulaika and Mr. Ridzuan’s heirs’ claims, this portion has become 50%.{30% / 60% (100% - 40% claimed percentage) x 100% = 50%}
En Hussaini’s account balance = RM10 million

Therefore,

RM 10,000,000.00 - RM5.00 = RM 9 999,995.00
50% x RM 9,999,995.00 = RM 4,999,997.50

Note: Considering that the maximum amount of claim fee for each Hibah Amanah TH account is RM 10,000.00, the claim fee is no longer applicable to this Hibah Amanah’s Grantor’s TH Account.
 

 

SITUATION EXAMPLE 5 :
Hibah Amanah Recipient Passes Away 

Mr. Adnan (Hibah Amanah Grantor) has registered for Hibah Amanah TH and named 3 Recipients based on percentage distribution, where Ms. Nurul was granted 20%, Mr. Amirul 20% and Mr. Hamdan is granted 60%. 

A month after the Hibah Registration, Ms. Nurul passed away and her heirs made a claim on her nominated hibah which is at 20%. At that point when the claim is made, Mr. Adnan's total account balance was RM 800,000.00. 

6 months later, Mr. Amirul passed away and his heirs also made a claim on the full allotted share. At that point, Mr. Adnan’s account balance is RM 2 million. A month after Mr. Amirul passed away, Mr. Hamdan died. At that time, Mr.Adnan’s account balance was RM 50,000.00. What is the amount of claims that will be received by the three heirs of the Hibah Amanah Recipients based on the above situation?
 

a) Total received by Ms Nurul’s heirs
Claimed percentage = 20%
Mr. Adnan’s account balance = RM 800,000.00
RM 800,000.00 – RM5.00 = RM 799,995.00 

Therefore,

20% x RM 799,995.00= RM 159,999.00
1% Claim Fee x RM 159,999.00 = RM 1,599.99
RM 159,999.00 - RM1 ,599.99 = RM 158,399.01 
 

b) Claimed percentage = 20%, but after Ms Nurul’s heirs’ claims, this portion has become 25%.
{20% / 80% (100% - 20% peratus yang telah dituntut) x 100% = 25%}
En. Adnan’s account balance = RM 2 million
RM 2,000,000.00 – RM 5.00 = RM 1,999,995.00

Therefore,

25% x RM 1,999,995.00= RM 499,998.75
1% Claim Fee x RM 499,998.75 = RM 4,999.98
RM 499,998.75 – RM 4,999.98 = RM 494,998.77
 

c) Total received by Mr. Hamdan’s heirs
Claimed percentage = 60%, but after Ms Nurul and Mr. Amirul’s heirs’ claims, this portion has become 100%.{60% / 60% (100% - 40% claimed percentage) x 100% = 100%}
En.Adnan’s account balance = RM 50,000.00
RM 50,000.00 – RM5.00 = RM 49 995.00

Therefore,

100% x RM 49,995.00 = RM 49,995.00
1% Claim Fee x RM 49,995.00 = RM 499.95
RM 49,995.00 – RM 499.95= RM 49,495.05

Note:
In situation C, RM 1,000.00 liquidity will be executed and this particular Hibah Amanah will be nullified as there will be no more Recipient.

 

SITUATION EXAMPLE 6 :
Hibah Amanah Recipient Passes Away And Grantor’s Account Has Registered For Hajj (Not via EPF Registration)

Mr. Raman (Hibah Amanah Grantor) has made a normal Hajj registration and has also registered for Hibah Amanah TH January 1, 2015 and named 2 Recipients based on percentage, where Ms. Noni was granted 50% and Mr. Zam 50%. On 1 April 2015 Ms. Noni passed away and Ms. Noni's heirs made a claim with TH. At that point of time, Mr. Raman’s TH account balance is RM 100,000.00. On June 1, 2015 Mr. Zam passed away and at that point of time, Mr. Raman’s TH account balance is RM50,000.00. What is the amount of the claim that will be received by the two heirs?

a) Total received by Ms. Noni’s heirs
Claimed percentage = 50%
En. Raman’s account balance = RM 100,000.00, and he has registered for Hajj. (Normal registration)

Therefore,

RM 100,000.00 – RM5.00 – RM 1,300.00 = RM 98,695.00
50% x RM 98,695.00 = RM 49,347.50
1% Claim Fee x RM 49,347.50 = RM 493.47

RM 49,347.50 – RM 493.47 =RM 48, 854.03

b) Total received by Mr. Zam’s heirs
Claimed percentage = 50%, but after Ms. Noni’s heirs’ claims, the portion has become 100%
{50% / 50% (100% - 50% claimed percentage) x 100% = 100%}
En.Raman’s account balance =  RM 50,000.00, and he has registered for Hajj. (Normal registration)

Therefore,

RM 50,000.00 - RM 5.00 – RM 1,300.00 = RM 48,695.00
100% x RM 48,695.00 = RM 48,695.00
1% ClaimFee x RM 48,695.00 = RM 486.95

RM 48,695.00 – RM 486.95 = RM 48,208.05

Note:
In situation B, RM 1,000.00 liquidity will be executed and this particular Hibah Amanah will be nullified as there will be no more Recipient.
 

SITUATION EXAMPLE 7 :
Hibah Amanah Recipient Passes Away, Followed By The Demise of the Grantor :

Mr. Azman (Hibah Amanah Grantor) has registered for Hibah Amanah and named 2 Recipients based on percentage, where Ms. Hayati was granted 50%, and Mr. Amin 50%. 

One month after the Hibah registration, Ms. Hayati passed away and her heirs made claims on her allotted portion. At that point of time, Mr Azman's account balance was RM 100,000.00.

2 months later, Mr. Amin passed away and his heirs also made a claim on his allotted portion. At that point, Mr. Azman’s remaining account balance is RM 200,000.00. 

A month after Mr. Amin’s demise, Mr. Azman (the Grantor) also passed away. At that point, Mr. Azman’s account balance is RM 250,000.00. 

What is the amount of the claim that will be received by the two heirs of the Recipients based on the above situation and who is entitled to the savings after the death of Mr. Azman?
 

a) Total received by Ms. Hayati’s heirs
Percentage claimed = 50%
Mr. Azman’s account balance = RM 100,000.00
RM 100,000.00 – RM 5.00 = RM 99,995.00

Therefore,

50% x RM 99,995.00= RM 49,997.50
1% Claim Fee x RM 49,997.50 = RM 499.97

RM 49,997.50 - RM 499.97 = RM 49,497.53

b) Total received by Mr. Amin’s heirs
Claimed percentage = 50%, but after Ms. Hayati’s heir’s claims, this portion has become 100%.
{50% / 50% (100% - 50% claimed percentage) x 100% = 100%}
Mr. Azman’s account balance = RM 200,000.00

Therefore,

RM 200,000.00 – RM 5.00 = RM 199,995.00
100% x RM 199,995.00 = RM 199, 995.00
1% Claim Fee x RM 199,995.00 = RM 1,999.95

RM 199,995.00 – RM 1,999.95 = RM 197,995.05

Note:
In situation B, RM 1,000.00 liquidation will occur and Hibah Amanah’s Grantor/Recipients’ account will only have RM5.00 balance.
 

c) After the Demise of Hibah Amanah Grantor/Depositor (Mr.  Azman)
Mr. Azman’s Account Balance = RM250, 000.00
 

d) Mr. Azman did not amend his Hibah Amanah or make new Nominations.

Therefore,

Inheritance claims can be made by any entitled heir based on Syariah Law or any party by submitting a Power of Attorney/Order (Syariah Court / Civil Court / Land Office Trial / Amanah Raya Berhad) and the claim process does not use the Hibah Amanah System but instead using the Inheritance System.
 

 

SITUATION EXAMPLE 8 :
Hybrid Recipient (Hibah Amanah & Nomination) Passes Away, Followed By The Demise of the Grantor

Mr. Abu Bakar (Hibah Amanah Grantor) registered for Hibah Amanah and made Nominations (Hybrid) on February 1, 2016. Mr. Abu Bakar named 4 Recipients of the Hibah Amanah, according to the allotted distribution, where Ms. Wadah was granted 10%, Mr. Syafiq was granted 30%, Ms. Ilyana was granted 10% and Mr. Adib was granted 20%. Mr. Abu Bakar also registered 2 Named Beneficiaries namely Mr. Adib and Ms. Linda with a percentage of 30%.

On May 4 2016, Cik Wadah passed away and her heirs made a claim on her allotted distribution on June 1, 2016. At that point of time, Mr. Abu Bakar's account balance was RM 100,000.00. 

After that, on December 13, 2016, Mr. Adib passed away and his heirs made a claim on his allotted distribution on March 2, 2017. The balance of Mr Abu Bakar's account on the date of the claim was RM 1,000,000.00.
 

After two years 4 months 14 days, Mr Abu Bakar passed away on June 14, 2018. Mr Abu Bakar's account balance was RM500,000.00 when the claim was made on March 15, 2019. What is the amount based on the percentage distribution that will be received by the recipients of the Hibah Amanah and also the Named Beneficiaries?
 

Total Received by Hibah Amanah Recipient Who Passed Away:

a) Total received by Ms. Wadah’s heirs
Claimed percentage = 10%
Mr. Abu Bakar’s account balance = RM 100,000.00
RM 100,000.00 – RM 5.00 = RM 99,995.00

Therefore,

10% x RM 99,995.00 = RM 9,999.50
1% Claim Fee x RM 9,999.50 = RM 100.00
RM 9,999.50 - RM 100.00 = RM 9,899.50
 

b) Total received by Mr. Adib’s heirs
Claimed percentage = 20%, but after Ms. Wadah’s heirs’ claim, this portion becomes 22.22%
{20% / 90% (100% - 10% claimed percentage) x 100% = 22.22%}
Mr. Abu Bakar’s account balance =  RM1, 000,000.00

Therefore,

RM 1,000,000.00 – RM 5.00 = RM 999,995.00
22.22% x RM 999,995.00 = RM222,198.88
1% Claim Fee x RM 222,198.88 = RM 2,221.98

RM 222,198.88 – RM 2,221.98 = RM 219,976.90

Note:
In situation B, nominated percentage may not be claimed as the Depositor/Grantor is still alive.

 

Hibah Amanah Grantor Passes Away :

Account closing of the Hibah Amanah Grantor (En.Abu Bakar) calculation process :

  • TH account balance when the claim was made  = RM 500,000.00

Deduction

  • Account Closing Fee RM5.00

  • 1 % Claim Fee (1% x RM 499,995.00) = RM 4,999.95 
     

RM500, 000.00 – RM5.00 – RM4, 999.95 = RM494, 995.05
Total amount distributable to Hibah Amanah Recipients and Named Beneficiaries is  RM 494,995.05
 

c) Total received by Mr. Syafiq
Claimed percentage = 30%, but after claims made by heirs of Ms. Wadah and Mr. Adib; the portion becomes 42.86%
{30% / 70% (100% - 30% claimed percentage) x 100% = 42.86%}
Mr Abu Bakar’s Account Balance = RM 494,995.05

Therefore,

42.86% x RM 494,995.05 = RM 212,154.88 
 

d) Total received by Ms. Ilyana
Claimed percentage = 10%, but after claims made by heirs of Ms. Wadah and Mr. Adib; the portion becomes 14.28%
{10% / 70% (100% - 30% claimed percentage) x 100% = 14.28%
Mr Abu Bakar’s Account Balance = RM 494,995.05

Therefore,

14.28% x RM 494,995.05 = RM 70,685.29

e) Total received by Ms. Linda (Named Beneficiary)
Claimed percentage = 30%, but after claims made by heirs of Ms. Wadah and Mr. Adib; the portion becomes 42.86%
{30% / 70% (100% - 30% claimed percentage) x 100% = 42.86%}
Mr Abu Bakar’s Account Balance = RM 494,995.05

Therefore,

42.86% x RM 494,995.05 = RM 212,154.88

 

Overall Notes : 

  1. Minimum Balance of RM5.00 and Aqad Hibah Amanah of  RM1,000.00 must be maintained as long as the Depositor/Hibah Grantor is still alive.

  2. All case studies above are made based on the assumption that the balance of the TH account at the time of death is the same as the claim.

  3. Liquidation of the RM1,000.00 Aqad Hibah Amanah amount will be 
        done after:-

    • Death of the Grantor of the Hibah Amanah; or
    • Death of the last Beneficiary of the Hibah Amanah, even if there is still
      a Named Beneficiary.

  4. Liquidation of the Hajj Register Amount of RM1,300.00 will be done after the death of the Grantor of the Hibah.

  5. If the Hibah Amanah Grantor has registered for Hajj, the calculation of the payment of the Hibah Amanah claims to the heirs of the Hibah Amanah Recipient is after deducting the Hajj registration money.

  6. If there is an account freeze or amount freeze, it must be resolved first before the Hibah Amanah payment can be processed. 

  7. The Claim Fee will not be charged if it has reached a maximum of RM 10,000.00.

  8. An account closing fee of RM5.00 will be charged upon closing a TH Account.

  9. Crediting funds to another bank is subject to the transfer rate set by the bank.

  10. If the Recipient and Grantor of the Hibah die at the same time, then the calculation for the Hibah Amanah claim will be based on the calculation of the Hibah Amanah Grantor's death.