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Will Writing

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NON-MUSLIM WILL

WHY A WILL IS IMPORTANT?

A Testator making a Will is actually performing a noble task of conveying his wishes regarding the disposition of the wealth accumulated by him during his lifetime. A well planned property distribution vide a Will would ensure the properties are distributed to the loved ones for their benefit.

WHAT IS A WILL?

A Will is a deed of disposition of property directing the Executor / Administrator to fully carry out the testator’s wishes after his/her death. It also includes strategies for estate planning and management.

NON-MUSLIM WILL?

  • The assets may be granted to any person the Testator chooses.
  • In the absence of a Will, the assets will be distributed according to the Distribution Act of 1958.
  • Any person above 18* and of sound mind can make a Will.
  • THE BENEFITS OF MAKING A WILL?

  • Appointing an Executor / Administrator vide a Will helps ease the administration of your estate upon your death.
  • You make known your wishes as to how your estate should be distributed for the benefit of charity and your loved ones.
  • You safeguard the future of your loved ones by formulating a scheme of distribution of your choice.
  • The appointment of a trustworthy guardian vide your Will helps guarantee the welfare and interests of your children (minor) when you are no longer around.
  • Makes things easier for your heirs.
  • Note: After death, the Will is executed in such a way that all the wishes of the Testator are fulfilled effectively.

    WILL WRITING

    Will-writing is an essential step in estate planning whereby one conveys his/her wishes as to how his/her assets should be distributed.

    Essential clauses found in Wills

  • Advice and instructions to spouse, children and other family members.
  • Name of spouse, children and other lawful heirs.
  • Statement of assets and liabilities owned and incurred during one’s lifetime.
  • Instructions (as contained in the Will) to settle all liabilities before asset distribution.
  • Statement of intention to donate to a loved one or for charitable purposes.
  • Appointment of Executor/Administrator, Trustee or Guardian for minors, or persons with disabilities.
  • Testator’s directions as to the amount to be expended for estate administration. The Testator may impose certain restrictions to ensure his assets are not used for purposes that would neither benefit him or his heirs.
  • The Will must be signed by the Testator and be witnessed by Two(2) male or female witnesses.

    SAFE CUSTODY OF WILLS?

    A Will should be kept in a safe place to ensure its confidentiality and also to prevent any unauthorized alteration or even falsification. The choice of the custodian of the Will is also quite important as it would ensure the Will is executed without undue complications after one’s death.

    EXECUTION OF WILL

    The Executor of your Will, the Executor will carry out the distribution of your estate to your loved ones for their benefit.

    Amanah Raya’s responsibilities as the Executor:

  • To apply to the High Court for a Grant of Probate.
  • To identify the deceased’s assets and liabilities.
  • To settle the deceased’s liabilities and taxes and to submit proper tax returns.
  • To distribute the assets (in the case of non-Muslims) according to the Will.
  • Frequently Asked Questions (FAQ)

    WILLS

    Q:What is an Executor and what is his/her role?

    A: An executor is an individual or an organization appointed to administer the estate and to carry out any other instructions contained in the Will.

    Q:Can I make a will when my liabilities exceed my assets?

    A: Yes. You can still make a Will, but your liabilities must be settled first before any balance of your estate could be distributed to your beneficiaries.

    Q:What are the documents I would need to write my will?

    A: The documents required are: copies of Testators and beneficiaries Identity Card or Birth Certificate, plus documents as proof of your ownership of properties such as land/house grants, EPF account number, etc.

    Legislation

  • Act 346- Will Acts 1959
  • Act 300 – Distribution Act 1958
  • Act 208 – Trustee Act 1949
  • Act 97 – Probate and Administration Act 1959
  • Act 532 – Public Trust Corporation Act 1995
  • Act 351 – Guardianship of Infants Act 1961
  • Act 98 – Small Estates (Distribution) Act 1955
  • Act 39 – Inheritance (Family Provisions) Act 1971