About Writing a Will

Q : How to define a valid Will?
A : The testator must be of sound minded when signing the Will and above 18 years old (West Malaysia & Sarawak whereas 21 in Sabah); the Will in written/typed format, the testator sign in front of 2 witnesses & the 2 witnesses sign in front of the testator at the SAME time.

Q : Who can not be the witness?
A : The beneficiaries or their spouse. Otherwise, they will loose their right to inherit the assets.

Q : What is the name of the person to carry the duties to administer the assets? What are the duties?
A : Executor; the duties included

• To locate the Will
• To make funeral arrangement
• Apply for Grant of Probate (GP)
• Calling in assets of deceased
• To pay debts
• To prepare Statement of Accounts
• To distribute assets according to the Will
• To carry out wishes mentioned in the will

Q : Can a Beneficiary be the Executor?
A : Yes, and he can still inherit the assets.

Q : Who can be an Executor?
A : Someone you trust i.e. your spouse or one of your children or a Trust Corporation.

Q : What is the pro & con when appointing individual as an Executor?
A : It is understandable that you would appoint the one you trust and you have confidence in this perosn but it is not easy being an Executor, it is because this person needs to have enough knowledge in Estate Administration, legal or accounting related issues, and also the time & effort. Should this person lacks knowledge & time or may not be competent, the duration of a Probate granted will be prolonged. What if this person couldnt survive you? What if this person becomes greedy after obtaining the Grant of Probate since all assets are transferred under this person's name?

Q : How about appointing a Trust Corporation?
A : It is advisable to appoint a Trustee Company to be your Executor because there is continuity in administering your assets. It has the expertise & competency in handling your estate. A Trustee Company will be fair to distribute according to the instruction in the Will.

Q : Can my Will in Chinese? is it still valid?
A : A Chinese Will is still valid.

Q : How about a Will being tape recorded?
A : No, it is not valid.

Q : Can I distribute all my assets to my children in equal shares?
A : Not all, i.e. car. You can sell it and distribute the proceeds equally though. You can however distribute a house to all your children. But the problem is all of them must consent when selling the house.

Q : Is it necessary to have my beneficiaries around when I sign my Will?
A : Not necessary

Money left behind... Sigh!

From the Star newspaper dated 9 Nov 2009 ( more than a year ago).. there were RM3bil remain unclaimed from the Accountant-General's Department because the depositors failed to name their beneficiaries before dying. It could be the deceased depositors' next-of-kin or their children didnt even know didnt even know about the money that was left behind. The money could be left in the EPF or the banks, or they are not awared of the procedures to claim. Most of all, the deceased didnt write a Will before dying.

It is not that easy for the next-of-kin or children to inherit the deceased assets if there is no Will written. They have to go through a tough time before they could claim the deceased's assets. And it has to go according to the Distribution Act 1958. What is Distribution Act 1958?

The Distribution Act 1958(As Amended in 1997) is applicable to all Malaysian and Foreigners with Malaysian domicile who die intestate in Malaysia. The Act apply to foreigners whether they are working here as an expatriate or living in Malaysia on the MM2H programme(My Malaysia Second Home Programme). Please view the image attached.