Will Writing

What is a WILL?

 

A Will or Testament is a legal declaration by which a person, the testator, names one or more persons to manage his or her estate and provides for the distribution of his or her property at death.

Though it has at times been thought that a "Will" was historically limited to real property while "Testament" applies only to dispositions of personal property (thus giving rise to the popular title of the document as "Last Will and Testament"). Thus, the word "Will" validly applies to both personal and real property. A Will may also create a testamentary trust  that is effective only after the death of the testator.


Will Writing Service

 

It is often said you should hope for the best and plan for the worst. Having an up-to-date will is the first step in ensuring your assets and property are accounted for and will be distributed in accordance to your wishes. Will Writing in Malaysia is becoming more popular as the Malaysian public become aware of its importance to their family. Many people don't realise the problems their family have to go through if they die without leaving a Will. 

If you die without a will (Intestate):-

  • Your assets will be distributed according to the formulas set out in the Distribution Act 1958, and not according to your wishes or the needs of your family members;

  • The court will appoint a trustee and executor to administer your estate, and this may give rise to disputes between family members or beneficiaries on who should be appointed;

  • The court will appoint a guardian for your minor children, and the person appointed may not be your preference;

  • The distribution process will take longer and cost more, ordinarily requiring a bond and the appointment of 2 sureties to guarantee the proper administration of the estate, as well as further court orders to effect the transfer of real property. 


Section 6 of the Distribution Act 1958 sets out various scenarios for intestacy and provides a fixed formula for the distribution of the person’s assets. The following are some examples:

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

Surviving Family Members

Entitlement

Spouse, Issue and Parent(s)

Spouse: 1/4; Issue: 1/2; Parents: 1/4

Spouse and Parent(s)

Spouse: 1/2; Parent(s): 1/2

Spouse and Issue

Spouse: 1/3; Issue: 2/3

Parent(s) and Issue

Parent(s): 1/3; Issue: 2/3

Parent(s) Only

100%

Spouse Only

100%

Issue Only

100%

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Distribution Act 1958 applies only for West Malaysia and Sarawak. Issue means children and descendants of children Parent(s) - natural mother or father of a child / lawful mother or father of a child (Adoption Act 1952)

 

The following are entitled according to priority if you die without a Will and not leaving behind spouse, issue and parent(s).

  • Brothers and sisters                - In equal shares

  • Grandparent                         - In equal shares

  • Uncles and aunts                   - In equal shares

  • Great grandparents                - In equal shares

  • Great uncles and aunts           - In equal shares

  • Government                          - Whole Estate


Q&A and Guidelines For Will Writing
Download this document for reference

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