Section 87

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.

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.

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.

Incorporating amendments until S 1/2016

(Clean Version) NANI/Amiriah/Fiqah/Karimah as of 8th July 2019

78

BLUV as at 14th January 2016

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.