When There’s a Will There’s a Way
Preparing a Will may make a whole world of difference to your loved ones.
There is a huge difference when one dies with or without a Will. It matters most to the ones you leave behind. Picture them having to mourn your loss and to add salt to wound, they have to wait a number of years before they are lawfully allowed to have access to your assets. No one would want this to happen to his/her loved ones.
Why is a Will important?
A Will is your last and most important document that you can prepare in your life. A Will is only applicable to non-Muslims whereas for Muslims it is the Wasiat that plays the role of asset distribution under the Islamic Inheritance Law (see Wasiat article).
A Will is a legally binding document/declaration by a person that signifies his/her wishes in regards to distribution of his/her possessions upon death. How would you feel when all your life’s earnings and assets are left to be managed and distributed by an appointed “stranger” when you’ve passed on? In this case, when a non-Muslim dies without a Will (intestate), the law distribute his possessions under the Distribution Act 1958 (for Peninsular Malaysia and Sarawak) or The Intestate Succession Ordinance 1960 (for Sabah).
|Distribution Act 1958 (As Amended in 1997)
(for Peninsular Malaysia and Sarawak)
|Intestate Succession Ordinance 1960
If there are no living primary beneficiaries, then the following person(s) are entitled to the possessions in accordance to below priority:
- Brothers & Sisters
- Uncles & Aunts
- Great Grandparents
- Great Uncles & Aunts
Advantages of having a Will:
- Ability to tailor the disbursement of your assets according to your preference based on desired beneficiaries by predetermined proportions and age.
- Provide for special instructions via Testamentary Trust.
- Ability to elect preferred Executor or Trustee to manage and disperse your estate and also to elect one or more Guardians to look after your dependent children.
- Drastically minimise lawful formalities, expenses and delays towards allowing your loved ones to receive what they have attained through your Will.
- Be exempted from the order of Letters of Administration.
Certain circumstances can cause a Will to be revoked:
- Marriage (S.12 of s Act 1959) – when the testator (person intending to create a Will) marries, the Will shall be automatically revoked unless a Marriage Clause has been stated in the Will.
- Writing a new Will (S.14 of s Act 1959) – under the s Act 1959, the latest shall supersede the previous Will.
- Written declaration of intention to revoke (S.14 of s Act 1959) – existence of such written declaration.
- Physical destruction (S.14 of s Act 1959) – any manner of physical destruction shall automatically render the Will illegitimate.
- Conversion to Muslim faith (S.2 of s Act 1959) – the distribution of the person’s wealth fall under the Islamic Inheritance Law (Faraid).
How can I get a Will done?
Public Mutual in collaboration with PB Trustee Services Berhad (PBTSB) provides Will writing as a value-added service to our investors. For Mutual Gold and Mutual Gold Elite members, the first Will Writing service be at no cost for Standard Will.
This article is prepared solely for educational and awareness purposes and should not be construed as an offer or a solicitation of an offer to purchase or subscribe to products offered by Public Mutual. No representation or warranty is made by Public Mutual, nor is there acceptance of any responsibility or liability as to the accuracy, completeness or correctness of the information contained herein.