A Will is a declaration in a prescribed form of the intention of the person making it of the matters which he/she wishes to take effect after his/her death.

A person who makes a Will.

His/her estate will be frozen. The Law requires Grant of Probate (GP) or Letter of Administration (LA) to unlock his/her frozen estate.

When there is a Will left behind by the deceased, the immediate family will apply for a GP. However, when he/she dies without a Will, the family member has to apply for a LA.

An authority given under the seal of the Court for the administration of the estate of a person who has died without leaving a Will.

A Court order that formally authorizes the executor to administer the deceased’s estate according to the Will.

A natural person above the age of 21 or a Trust company.

Maximum of four. One Executor is required for the application of Probate.

• Locate the Will
• Make funeral arrangement
• Apply for a Grant of Probate(GP)
• Call in assets
• Pay debts
• Prepare periodic Statement of Accounts
• Distribute assets according to the Will
• Carry out the wishes mentioned in the Will

When there is a minor beneficiary named in the Will. Normally, the Trustees will hold on trust for the minor till he/she has attained the age of 21 years old or a ‘Testamentary Trust is created in the Will.

A guardian is needed to take care of the welfare of the minor children if both parents have passed away.

• Continue to administer the estate when the properties cannot be distributed, e.g. for a minor or until the trust period ends.
• Manage the estate according to the instructions and powers given by the Will and according to the Trustee Act.
• The appointed trustees cannot benefit by virtue of their office. All profits must be accounted for.

The role of your Trustee is to hold on trust your money and other assets for your children who are minor while your Guardian is to take care of the welfare of your children. Thus, it is always wise to appoint different people to ensure there is check and balance, especially for the money left behind by you for your children.

• You provide for your beneficiaries in the way you choose rather than letting the Law decides for you.
• Expedite the legal process.
• Apply for a Grant of Probate(GP)
• No guarantors (sureties) required by the High Court.
• You may appoint a guardian of your choice for your children below 21 years old.
• You exercise the right to appoint people of your choice to administer your estate and to carry out your wishes so as to safeguard the interests of those you love and care for.
• It costs less to apply for a GP than a LA.

An administrator is a person appointed by all the legal beneficiaries to the estate of a deceased who has passed on without a Will to administer the estate of the deceased.
All legal beneficiaries of the deceased are qualified to be an administrator.

Yes, two guarantors (sureties) are required by the High Court by way of bond equivalent to the gross value of the deceased’s assets.

Yes, the consents from all members of the family are required. Any beneficiary who is not applying to become the administrator will have to renounce his/her right to be appointed administrator.

• The estate does not exceed RM50, 000.00.
• A trust corporation is being appointed as the administrator.
• The administrator is the sole beneficiary.
• A Court waiver – full or partial. This is at the discretion of the Court.

A GP application normally takes a shorter time than a LA application. Normally a GP can be extracted within three months to a year, while a LA may takes from 2 to 5 years.

Yes, it is.

• Opening clause
• Revocation clause
• Appointment of executors clause
• Residuary clause
• Attestation clause

It is one of the vital clauses in a Will. Any asset which the testator did not specifically will away will automatically fall under the residuary clause. He may have forgotten about those assets or those assets were acquired after writing his Will. Thus, with a residuary clause, there is no partial intestacy of a Will.

Partial intestacy will happen.

In a Will, an accrual clause is one that mentions the subsequent beneficiary of a particular asset should an earlier mentioned beneficiary pre-deceased the testator.

It will become legally binding upon execution with two independent witnesses and is written according to the Wills Act 1959.

A person’s issue refers to his/her children, grandchildren and all lineal descendants.

If there are surviving spouse, parents and issue, the distribution is:-

• Spouse 1/4,
• Parents 1/4 and
• Issue in equal shares of the remaining 1/2.

If there are surviving spouse and parents only and no issue, the distribution is:-

• Spouse 1/2 and
• Parents remaining 1/2.

If there are surviving spouse and issue only and no parent, the distribution is:-

• Spouse 1/3 and
• Issue in equal shares of the remaining 2/3.

If there are surviving parents and issue only and no spouse, the distribution is:-

• Parents 1/3 and
• Issue in equal shares of the remaining 2/3.

Please note:- Issue: Includes children and the descendant of children.

The following person(s) are entitled in accordance to priority when an intestate dies without leaving behind a surviving spouse, children or parent:-

• brothers and sisters,
• grandparents,
• Uncles and aunts,
• Great grandparents,
• Great uncles and aunts and
• GOVERNMENT

No, both the witnesses and the testator must sign the Will at the same time. The function of the witnesses is to confirm and verify that the testator is of sound mind.

Yes, only the movable assets in a foreign country. The immovable assets will follow the law of the country where the property is situated and it may be advisable to write a separate Will for the specific immovable assets in that foreign country.

Yes, you can. The house will be held jointly between your beneficiary and your husband should you pass on one day.

Yes, it is.

Yes, you can.

No. Under Section 5 of the Will Act 1958, all wills must be written in a prescribed form.

Yes, you can. Once you have sold off any of the assets mentioned in the Will, the beneficiary for the asset concerned no longer be entitled as the asset has been disposed off prior to death.

When the gross value of the estate is less than RM600, 000.00.

A person is legally capable of holding property upon attaining the age of 18.

A will can be written in any language. However, where the Will is not in English a translation certified by a court interpreter or a translation verified by the affidavit of a person qualified to translate must be annexed to the application for Grant of Probate.

No, she would not. You need to write a Will and name your nanny as a beneficiary.

Yes, if the Will has been executed either according to the formalities in USA or the formalities under the Malaysian Wills Act.

No, under the Will Act, a Will need not be stamped.

Yes, he can. However, for check and balance purposes, it is always advisable to appoint a guardian who does not perform the duty of a trustee.

No. If you intend for them to benefit equally, just use the term ‘children’ which can include future children.

Yes, if it can be proven that the original copy is lost or destroyed. The Court normally requires the original copy.

There is no restriction on writing a Will. However, if the Will is contested in Court later and the Court finds suspicious circumstances exist, probate might not be granted unless the suspicion is removed.

Yes, provided it is signed by the same witnesses. However, it is always advisable to write a new one to avoid future complications.

The latest one.

You can state expressly in your Will that your marriage to the particular person shall not revoke your Will. The name of the person you are getting married to must be stated.

When a person gets married, his/her Will will automatically be revoked unless he/she mentions that he/she is subsequently going to marry a particular person or he/she is in ‘contemplation of marriage’.

In this case, this Will will not get revoked even after marriage to this particular person.

An addition to the Will signed and witnessed in the same way as the original Will.
The witnesses may be different from those people who witnessed the original Will.

No. A beneficiary or his/her spouse must not be a witness. If he/she does, then he/she will lose his/her share in the Will. However, this will not affect the validity of the Will.

No. The Will will not be able to revoke your earlier nomination in the KWSP account.

Domicile is the country in which a person is or presumed to be permanently resident. Lex situs means the law of the place where the property is situated. It is the general rule that for movable properties, the law of the testator’s domicile applies whereas for immovable properties, it is lex situs that applies.

Yes, you can.

Yes, she will be able to. A divorce does not render a Will null and void.

Yes, you can mention the specific amount for donation. However, in your Will, you need to name the charity that you want to benefit.

Yes, you can. It is known as ‘Maintenance Trust Fund’ for your elderly parents and your nephew. A trust fund can also be created for payment of education expenses, medical expenses, monthly donations etc.

Yes, you can. You can mention your wishes in your Will. However, it is advisable to let your family members know of your wishes as a Will may be read only many days after your death.

Yes, you can. In this case, it is advisable to keep good records of your assets as you do not wish your family members to ‘treasure hunt’ your assets when you are no longer with them.

No. Once a person professes the Muslim faith, the distribution of his/her estate will be governed by the Syariah Law.

Certainly, a Will only takes effect upon your death.

Yes, you can. To avoid complication, it is advisable to will it to the joint account holder only.

Not advisable, as the safe deposit box will be frozen when you pass on. Thus, your family members may not be able to retrieve it for the application of Probate.

Some of the common testamentary trusts in a Will are as follows:-

• Education Trust Fund for children
• Maintenance Trust Fund for elderly parents
• Trust Fund for handicapped children/family members
• Maintenance Trust Fund for spouse
• Charitable Trust Fund on the education expenses for the poor

No, the new assets will fall under the residuary clause and be distributed accordingly. However, if you do not want the beneficiary named in the residuary estate to benefit from these new assets, then you need to write a new Will and name your preferred beneficiary for the new assets acquired after the date of the Will.

Under the Law, two witnesses are required to be present when the testator signs his/her Will. The purpose of their presence is to confirm that the testator is of sound mind and aware that he is signing a Will.

No, they need not read your Will or know the contents of your Will. They merely confirm that you are of sound mind and you sign the Will in their presence.

No, They need not appear in Court. However, if there is a contest on the validity of the Will, the Court might need the witnesses to appear in Court to prove that the testator was of sound mind when he/she signed the Will.