Will, Distribution of Deceased Property, Die, Testate, Intestate, Grant of Probate, letter of administration, estate planning

Definition of a Will


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Definition of a Will



Definitition of a Will

A Will is a declaration in prescribed form of the intention of the person of the matters which he wishes to take effect on or after his death, until which time it is revocable.

What are the benefits of writing a Will ?

With a Will, you can ensure that your hard-earned assets go to the people you want to benefit in the manner that you wish.
Without a Will, the Law will decide on who shall inherit your assets.

With a Will, the legal fees and processing time to administer and distribute the estate is less.

What is the content of a Will?


A Will can contain disposition of property, appointment of executors and trustees, appointment of guardians, revocation of earlier Wills, directions for burial, donation of organs, terms of endearment.

How to make a valid Will?

To make a valid Will, the Will must be made in accordance to formalities under the Wills Act 1959. The requirements for a valid Will are stated as follows:-
- A Will must be in writing.
- A Will must be signed by the testator.
- Two witnesses must witness and be present at the same time when the testator is signing the will. The witnesses must sign in the Will too. It is important to note that the beneficiaries of the Will or their spouse must not be witnesses. If they do, then they will lose their share in the Will, but it will not affect the validity of the Will.
- The testator must had attained the age of 18 (except in Sabah) and of sound mind at the signing of the Will.

How to revoke (cancel) a Will?

1) Marriage. A testator's marriage will automatically revoke a Will written prior to marriage
2) A later Will. A formation of a later Will can revoke an earlier Will.
3) A Will which is destroyed with an intention to revoke it.
4) Testator's conversion to Islam

For Further Information

Please obtain legal advice or Contact Our Panel Lawyer






 


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