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Public Mutual Unit Trust

Will & Wasiat Writing

Will and Wasiat Writing Services are legally effective arrangements to ensure the disposition of assets are in accordance to one's personal wishes. It helps to smoothen the process of estate administration and distribution.

What is a Will?


A legally binding document by which an individual signifies his/her wishes as to the distribution of his/her estate upon death.

Importance of a Will
  • Expedite legal process
  • Faster distribution of the estate and less costly
  • Preservation of wealth (for future generation)
  • Mitigate family disputes
Benefits of Will Writing
  • Caters for beneficiaries outside the law
  • Own choice of executor, trustee and guardian
  • Specify assets to specific beneficiaries
  • Determine the age of entitlement 
  • Revocable
  • Can retain ownership of assets
  • No sureties required
  • Avoid depletion of assets
  • Final Message
  • Peace of mind


What if you don't have a Will?
If you don’t have a Will, your estate has to be distributed according to the Distribution Act 1958 as shown:

Under Distribution Act 1958
(As Amended in 1997) (for Peninsular Malaysia and Sarawak)

Intestate Leaving Surviving Entitlement
Spouse only Spouse - 100%
Issue only Issue – 100%
Parent(s) only Parent(s) only - 100%
Spouse & Parent(s) only Spouse – 50%
Parent(s) – 50%
Spouse & Issue only Spouse – 33.33%
Issue only – 66.67%
Parent(s) & Issue only Parent(s) – 33.33%
Issue – 66.67%
All surviving Parent(s) – 25%
Spouse – 25%
Issue only – 50%
Intestate Succession Ordinance 1960
(for Sabah)

Intestate Leaving Surviving Entitlement
Spouse only Spouse - 100%
Issue only Issue – 100%
Parent(s) only Parent(s) only - 100%
Spouse & Parent(s) only Spouse – 50%
Parent(s) – 50%
Spouse & Issue only Spouse – 33.33%
Issue only – 66.67%
Parent(s) & Issue only Parent(s) – 0%
Issue – 100%
All surviving Parent(s) – 0%
Spouse – 33.33%
Issue only – 66.67%


No
te: If there is no living primary beneficiaries, then the following person(s) are entitled to the estate in accordance to priority:

  • Brothers & Sisters
  • Grandparents
  • Uncles & Aunts
  • Great Grandparents
  • Great Uncles & Aunts
  • Government

What are the possible implications if someone dies without a Will?

  • Time consuming and costly
  • Beneficiaries and percentage of inheritance are determined by the Law
  • Beneficiaries outside the Law will not benefit
  • Appointment of administrator
  • Requirement of two (2) sureties
  • Possibility of splitting of assets to too many beneficiaries
  • Wishes of the deceased will never be heard thereafter
  • Inheritance might be misused by immature beneficiaries
  • Family disputes
  • Depletion of assets
  • No peace of mind


What is a Wasiat?

A legally binding document by which an individual signifies his/her wishes as to the distribution of his/her estate upon death.

From the Hadith of Prophet Muhammad (PBUH):

“It is not permissible for any Muslim who has something to Wasiat to stay for two nights without having his Wasiat written and kept ready with him”
(Narrated by Bukhari and Muslim)


Importance of a Wasiat
  • Expedite legal process
  • Faster distribution of the estate and less costly
  • Provision to non-legal heirs up to 1/3 of total assets
  • Strongly recommended in Islam
  • Mitigate family disputes
Benefit of Wasiat Writing
  • Own choice of executor, trustee and guardian
  • Specify assets to specific beneficiaries
  • Declaration of "Harta Sepencarian"
  • Determine the age of entitlement 
  • Revocable
  • Can retain ownership of assets
  • No sureties required
  • Avoid depletion of assets
  • Final Message



Disclaimer:
Public Mutual Berhad (Public Mutual) and PB Trustee Services Berhad (PBTSB) believe that the information contained herein is accurate as at the time and date of issue. However, Public Mutual and PBTSB including all the officers, directors, agents, associates and employees of Public Mutual and PBTSB make no warranty or representation as to the accuracy, suitability or reliability in relation to any statement or information contained herein. Public Mutual and PBTSB shall not be liable for any representation, act or omission, whether express or implied, by persons purporting to advise you by relying on this information derived therein, directly or otherwise. Public Mutual and PBTSB disclaim any responsibility or liability for any damages, losses or costs incurred, directly or indirectly arising from the use of this information. The information herein is solely for the use of the client to whom this is addressed. This information is not to be construed as a contract. The terms and conditions in relation to the service offered are set out in the Will Writing / Wasiat Writing and Trust Nomination Services Application Forms, Terms and Conditions of Executorship and Terms and Conditions of Custodian issued by PBTSB. The information contained herein has been derived from sources believed to be reliable. We reiterate no representation is given about and no liability or responsibility is accepted for the accuracy or completeness of this information. This information is provided to you for guidance only. It should not be reproduced, distributed or published by any recipient for any purpose.