Takaful Order, 2008 · As enacted
87. Payment of family takaful certificates and personal accident certificate claims without probate etc.
Official textFrom Attorney General's Chambers, unchanged
In any case where a participant of any family takaful certificate or personal accident certificate of a takaful operator dies, and the certificate moneys are payable thereunder on his death, the takaful operator may pay any proper claimant a prescribed amount of the certificate moneys of all such certificates issued by the takaful operators on the deceased's life without the production of any probate or letters of administration; and the takaful operator shall be discharged from all liability in respect of the amount paid.
participant
"participant" includes, where a certificate has been assigned, the assignee for the time being and, where they are entitled as against the takaful operator to the benefit of the certificate, the personal representatives of a deceased participant;
If, in any case as is mentioned in subsection (1), estate duty is payable in
Brunei Darussalam on any such certificate moneys as are there mentioned, the takaful operator may pay any proper claimant a prescribed amount of the certificate moneys of all such certificates issued by the takaful operator.
takaful operator
"takaful operator" means a takaful operator which has been registered by the Authority under this Order; 11Undertakingn shall be construed in accordance with Part III of the First Schedule;
Before making any payment under subsection (2), the takaful operator shall give notice by registered post to the Collector appointed for the purpose of the Stamp Act (Chapter 34) with such particulars as the Collector may require.
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Subsection (2) shall apply in relation to certificate moneys under certificates of which the deceased was not the participant at his death as it applies in relation to any such certificate moneys as are mentioned in subsection (1).
Where an amount is paid under subsection (2) on account of any certificate moneys, the takaful operator may, before payment of the balance of such certificate moneys to any proper claimant, apply the whole or part of the certificate moneys to pay any unpaid estate duty payable on the death of the participant.
In this section, "participant" includes a part participant of a certificate, and "proper claimant" means a person who claims to be entitled to the sum in question as personal representatives of the estate of the deceased or who claims to be entitled to that sum under the relevant law.
Knowledge of and statement by authorised agent deemed knowledge and statement by takaful operator.
Terms defined in s 2
family takaful
Defined · s 2"family takaful" means takaful for financial aid and assistance to a participant and his family in case of his accidental death or disablement;
participant
Defined · s 2"participant" includes, where a certificate has been assigned, the assignee for the time being and, where they are entitled as against the takaful operator to the benefit of the certificate, the personal representatives of a deceased participant;
takaful
Defined · s 2"takaful" means a scheme in accordance to Hukum Syara' based on brotherhood, solidarity and mutual assistance which provides for mutual financial aid and assistance to the participants in case of need whereby the participants mutually agree to contribute for the purpose;
takaful operator
Defined · s 2"takaful operator" means a takaful operator which has been registered by the Authority under this Order; 11Undertakingn shall be construed in accordance with Part III of the First Schedule;