Will Writing Services

What is a Will?

A Will is a legal document you draw up to declare your wishes for your loved ones as to how you want your assets to be distributed after you passed on.

Why do I need a Will?

Without a Will, your assets could give more troubles than benefit to your family at a time when they are most vulnerable. Your loved ones could be involved in a long drawn legal process or fighting in a complex legal battle with other family members. Without a Will, the law will decides who are your beneficiaries, trustees and guardian. There is a legal process to go through before your loved ones can benefit from your assets. Leave nothing to chance. Make a Will and the law will protect your wishes.
The Legal administration process in Malaysia is applicable to all Malaysians and foreigners domiciled in Malaysia who own movable and immovable assets in Malaysia (Please refer to Distribution Act 1958)

What Happen When A Person Dies?

When someone passed on, under the Malaysian law, his/her estate will be FROZEN. To unlock the frozen estate, the following are the legal administration process (in general with exception):-
  • With a Will (Dies testate) – Apply Grant of Probate (GP)
The Executor appointed in the Will need to apply GP at the High Court. The GP can be obtained within 3 months to 1 year. Once the GP is extracted and all debts of the deceased settled, the Executor will distribute your assets according to the Will.
  • Without A Will (Dies intestate) – Apply Letter of Administration (LA)
The legal beneficiaries of the deceased’s estate need to apply LA. One or two administrator(s) will need to be appointed for this purpose. Upon extraction of LA, the administrator(s) will distribute the net assets of the deceased (after settled all his debts) according to the Distribution Act 1958 (As amended in 1997). To apply for LA, the deceased’s family may need to fulfill certain requirements e.g. looking for 2 guarantors; the appointment of the administrator(s) need 100% consent from all legal beneficiaries; appointment of guardians for minors who will in-turn give consent to the appointment of administrator(s) etc, thus, this process could take 2 to 8 years and in between family contentions could occur.

Without a valid Will,

Firstly the deceased’s assets are frozen. His/her family, spouse and children might face cash flow problems while waiting for the extraction of LA. With the LA, all his assets will be distributed according to the Distribution Act 1958 (As amended as at 1997).
  • He has lost the right to appoint executor, trustee and guardian of his choice. His children’s welfare may not be taken care of by the right person.
  • As Letters of administration (LA) is required, application to the High Court requires:

A. APPOINTMENT OF ONE OR TWO ADMINISTRATOR(S)

100% written consent is required from all lawful beneficiaries under the Distribution Act 1958 (Amended in 1997) for the appointment of the administrator(s). The administrator(s) who is chosen may not be the most suitable person to administer the estate. When there are minor beneficiaries, then, two administrators will be required before the court issues the LA. Guardians are appointed to decide for the minors as minors can not give written consent.

B. TWO SURETIES REQUIRED

Qualified guarantors are persons who have net worth value that is more or equivalent to the gross estate value of the deceased. The security may be by way of bond in the amount equivalent to the GROSS VALUE of the estate of the deceased.
  • More time require to fulfill the requirements for the application of LA.
  • More legal cost are involved.
  • If both the husband and wife decease together, the court will appoint guardian for the minor children.
  • Family contention may arise. Family members may be fighting in the court over the distribution or choice of assets.
  • Under the Distribution Act, if there are surviving parents to the deceased, these parents received 1/4 share of the estate. Problems will arise if these parents die later. Their entitlements will in turn go to their children. This complicates the distribution as there are more claimants. (Please refer to the chart above).

And, with a valid Will,

You provide for your beneficiaries in the way you choose rather than letting the laws decides.
  • You exercise your RIGHTS under the law to appoint people of your choice to administer your estate and carry out your wishes, ensure and safeguard the interest of those you loved and care. You select your preferred executor whom is expected to do a good job when you pass on.
  • You can also provide support in monetary form or in kind to other selected family members e.g. stay-in partner, aging uncles, dependants, friends, step-children, “god-children”, church, temple or any charity organizations etc. All these persons have no provisions under the law.
  • You appoint Trustees and Guardian of your choice for your infant children in the event of your spouse predeceasing you or if both of you were to pass on. These are trustworthy persons who will ensure your children’s welfare are in good hands.
  • No sureties are required for application of Grant of Probate (GP).
  • Generally, it costs less in term of legal fees and less time to apply for a Grant of Probate (GP) than Letter of Administration (LA).
  • Family members who depend on you can avoid facing financial hardship.

Problems & Difficulties Faced by The Family When Applying for The Letter of Administration (LA)

1. Require two guarantors

  • Family members might have difficulty to look for the qualified guarantors. The guarantors must have a net worth equivalent to the gross value of the deceased’s estate.
  • This results in the delay in estate administration. Beneficiaries might take a longer time to receive their shares of the estate. The delay might result in estate shrinkage and beneficiaries might receive less due to the shrinkage in estate.

2. Conflict & problems faced over the appointment of administrator(s)

  • The Court requires 1 or 2 administrator(s).
  • Family contention arises over the right to be appointed as the Administrator(s).
  • There is risk of the Administrator(s) absconding the estate.
  • Appointed Administrator(s) may lack competence to perform.
  • Family might not be able to obtain the 100% consent from all legal beneficiaries required.
  • When there is a minor beneficiary, two Administrator(s) are needed.

3. Legal Fees higher to apply for LA

  • To apply for LA, the family members might receive less due to the generally higher legal costs incurred.

4. Financial difficulties faced by the family as it takes more time to apply for LA

  • Normally it takes 2 to 5 years OR MORE, thus dependants may face cash flow problems as the deceased’s bank accounts are frozen.
  • Distributions under the Law might results in a change in ownership in businesses/companies of the deceased which might lead to fragmentation and loss in continuity and control.

5. The Law takes over your ‘RIGHTS’ to name your beneficiaries

  • As there is no Will, whom your beneficiaries are and the proportion for distribution are decided by the law. The distribution may not be that of your choice, and you lose your Rights to distribute your hard earned assets the way you want it.
  • Under the Law, there is no provisions for partner, stepchildren, illegitimate children, relatives whom you support.

6. The Law takes over your ‘RIGHTS’ to appoint trustees and guardian for your minor children

  • If both parents die in a common disaster, the Court decides who are the trustees & guardians for your minor children.
  • The appointed person(s) might not be competent to perform the job.
  • Welfare of minor might not be taken care of.
  • Misuse of funds by the appointed Trustee might happen.
  • You lose your Rights to choose your preferred trustees/guardian.

Why It Is Important To Have A Will?

A PERSON DIES WITH A WILL A PERSON DIES WITHOUT A WILL
You provide for your beneficiaries in the Will you choose rather than letting the law to decide for you. Your estate will be distributed to the lawful beneficiaries according to the Distribution Act 1958 (As amended in 1997).
Partner, step children, illegitimate children, aged relative or others who depend upon you can be provided for in a Will. Under the law, there is no provision for these group of people. They might fall into financial difficulties without your support.
You exercise the right to appoint people of your choice to administer your estate and to carry out your wishes, safe guarding the interest of those you love and care. The Court decides for you. It might not be your choice.
No family contention could arise over the choice of administrator(s). Family conflict may arise on the choice of administrator(s).
You may appoint guardian of your choice for your infant children, so that their welfare, support, health and education will be taken care by the right person. The Court decides for you. It might not be your choice.
No guarantor is required for application of Grant of Probate (GP). Two sureties are required to provide security for the due administration of the estate. The security shall be equivalent to the gross estate of the deceased. There will be delay in the estate administration.
Generally, it costs less in term of legal fees to apply for Grant of Probate (GP) than Letter of Administration (LA) Legal fees could be costly.
With a Will, the whole legal estate administration process could take just a couple of months. The legal process could take years. Assets could have shrunk in value when LA is obtained.
Your loved ones are financially protected. Your family could be facing serious financial difficulties.

Do You Know?

Do you know?

That when someone passes on, all his assets including his/her banks account (joint/sole name), CDs share accounts, properties, private limited shares, business will be FROZEN?

Have you ever wondered?

That if both parents were to go together, who will step into the parent’s position to take care of the children’s education and welfare? Who will be the guardian?

You ought to know…

That without a Will, your assets will be distributed in accordance to the Distribution Act 1958(As amended in 1997). Under the Act, your assets will be divided between your surviving spouse, children and parent(s) in a certain proportion (1/4, 1/2, 1/4). More problems arise if your parent(s) pass on soon after you. Your assets may be subdivided further between your brothers and sisters etc. Result? There will be many more additional claimants!

Do you know?

90% of your assets are without beneficiary(ies) & 90% of eligible Malaysians do not have a Will? Thus, there is an urgent need to write a Will. If not, the law will decide who your beneficiaries / trustee / guardian, NOT YOU! Assets may become FROZEN AND UNCLAIMED under the Law. Why leave it to the law when you can decide in a Will?

Do you know?

On 21/01/2007 it was reported in major newspapers, our then Deputy Prime Minister said there is a total of RM60 billion worth of unclaimed cash and assets left by the dead. To avoid the problem, he urged fellow countryman to write a Will to avoid facing problems of claiming FROZEN assets of the deceased (please refer to NEW STRAITS TIMES, SIN CHEW DAILY, dated 22/1/07).

You may not know…

That without a Will, your loved ones might have to wait for years; running around searching for the required two guarantors. You lose your RIGHTS to appoint the executor of your choice to administer your estate & your preferred trustees for your minor children.

Have you ever wondered?

What will happen to your loved ones / dependants if they are unable to receive your assets in the shortest possible time after your demise?

You may think…

That you do not have much to give away. The truth is writing a Will has little to do with your net worth but everything to do with leaving a legacy of love and care.

Have you ever wondered?

Have you considered why you will make sure you have named beneficiaries for your insurance & Employees Provident Fund (EPF) payouts but omit to name beneficiary for your assets like house, bank a/c, car, land, shares etc?

Who Are Named in A Will? Their Roles...

THE PERSON WHO IS HE/HER? HIS/HER ROLE
Testator A person who writes a Will
Executor(s) Person(s) or Trust Corporation appointed by the testator to administer his/her estate.
  • 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
Trustee(s) Person(s) or Trust Corporation appointed in a Will. To hold on trust for beneficiaries who inherit assets in a Will.
Guardian A person appointed in a Will. To take care of the welfare of minor children.
Beneficiary A person or corporation named in a Will. To receive gifts.
Two Witnessess A person who witness the signing of Will To confirm that the testator is of sound mind.

Can I Write My Own Will or Do A ’DIY’ Will?

It is always not advisable to write our own wills because we might not achieve what we want and avoid what we don’t want. The following might happen:

  • Partial intestacy – No residuary clause
  • Easily subject to contest in court, may cause future problem
  • May not be granted a Probate – Vague
  • Not fully aware of certain legal implication
  • May not take care of your worries
  • No assurance/protection to beneficiaries e.g. no trust fund to protect family members
  • No appointment of guardian for minor children
  • May not help to realize your goals!
REMEMBER!
A Will must be ‘function’, as it may cause delay, problems, frustrations, anger, hardships to our family and loved ones when it is not properly drafted and 100% valid under the Law.
Contact us for a FREE Consultation. A complete Will grants you with Peace Of Mind & Making Our Wishes Come True.

什么是遗嘱

何谓遗嘱 ？

遗嘱是一份法律文件。订立遗嘱，旨在宣布谁将继承您的遗产。

为什么需要订立遗嘱？

如果没有遗嘱，在您家人最脆弱无奈的时刻，您的资产对他们很可能会麻烦多过利益，他们可能受牵连，必须与法律长久争持，或卷入复杂的法律纠纷。 如果没有遗嘱，法律将裁决谁是您的遗产受益人。您绝不能假定您的资产会留给您想让他受益的人。千万别任其自然。立下遗嘱， 法律就会保护您的意愿 !

如何草拟一份遗嘱？

照传统方式订立一份遗嘱，将会牵涉到一系列的不便，包括浪费时间和高成本。 如今，订立遗嘱，就像打电话一样简单。乐委机构 (Rockwills) 的专业遗嘱执笔人，将很乐意协助您在您的办事处或住家草拟遗嘱，而且在一两天内就可以完成。 由乐委机构 (Rockwills) 为您起草的遗嘱，将由一批精通遗产法的法律专家检审，同时是一份有合法效力的文件。可以确保您的最终愿望实现。

没有立遗嘱的后果

当一个人身故时，他／她的资产，将立刻宣告冻结。要解除冻结，只有向高等法庭申请遗嘱检验证或遗产管理委任书。预早立下遗嘱，将能加速分配程序 !
在1958年遗产分配法律下，您的遗产将由在世的配偶，儿女及父母按规定巴仙率分享。
可是这里有一些复杂因素，如果您的父母还在世，由于他们年纪较老，很可能在不久后亦辞世，因此您的遗产不得不由您的兄弟姐妹及其他受益人瓜分。结果呢 ？要清算您的遗产就很困难，因为可能出现额外的债权人或请求分配者。要防止发生这种情况，您一定要立遗嘱。
*只适用于西马及砂劳越之非回教徒。

为什么你必须立遗嘱？

遗产的分配法令及常见问题

1958年遗产分配法令(1997 修 正 法 案)的慨要

常见的问题 :-

当我立下遗嘱之后，那些财产我是否仍有控制权？

当然有权力。遗嘱只有在立遗嘱人去世之后才正式生效。

遗嘱是否要盖章或封缄？

遗嘱不需要盖章方有效，但是封缄的目的只是为了保密而已。

我是否可遗赠一个联名银行户口？

您可以立下遗嘱遗赠联名户口内的您的储蓄部分给您的继承人。当银行知道一个人的死亡时，相应的账户将被冻结，直到获得法院命令。 如果帐户冻结，另一位生还者的联名户口持有人是不能提款的。

什么是遗嘱的条款？

(a) 开头格式
(b) 宣誓取消之前的遗嘱
(c) 委任执行人
(d) 遗剩的遗财分配
(e) 见证人

什么是遗剩的财产？

遗剩下的财产是死者忘记交代分配，遗产没有注明分配给谁，还有事后用剩之后所遗留下的财产都会造成遗嘱的不完整的问题。

在马来西亚一个死者，是否需要付遗产税？

不需要，在1/11/1991以后的遗产是不需要缴税。
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