The recent spate of articles in the papers and magazines highlighting the importance of writing a will should have clued you in to its importance. This is probable in no small part due to the elephantine sum of RM 40 billion reported by the government to have been left by the deceased and unclaimed by their heirs.The bulk of this sum RM 38 billion, languishes in the form of land and properties, with about a million titles still under the deceased names while the rest is locked up with the registrar of unclaimed monies or the EPF. Though not everyone agrees that one’s assets should be distributed according to one’s wishes after death – Muslims are bound by the Fara’id (Islamic inheritance law) that determines the respective shares of their heirs – most are burdened with concern for their family’s welfare after death.
Before writing a will, remember that you can change the contents of the document as and when you choose. You are also free to dispose of any assets listed in your will. Begin by listing all your assets – property, cash, investment, jewellery or anything of value, including insurance benefits. Second, list down the beneficiaries. This can be anybody you wish to benefit. Then decide on the asset allocation to the beneficiaries – who gets what and how much.
Choosing the right guardians for beneficiaries below 18 years is equally important. When you’re done, keep it in a safe place where it will not be tampered with. Ensure that your executors and beneficiaries know how to locate it.
Important issues when writing a will
Ensure competent executors & Appropriate Guardians
Finding a reliable executor facilitates the ease of distributing your assets, especially when dealing with a complicated will with diversified assets. It is also important to obtain their consent before finalizing a will.
Complete list of all assets
If you fail to account for all your assets or are unwilling to reveal complete information on them, it is unlikely that your beneficiaries / executors will have complete knowledge after you are gone. Your beneficiaries will be disadvantaged.
Allow for taxes or other financial considerations
Many overlook the incurrence of taxes and bills , funeral expenses, legal fees and unpaid bills. Depending on court schedule, the application for the Grant of Representation takes 6 months or longer. It is therefore important to set aside a reasonable sum of cash.
Anticipate for leftover assets.
Even if you think you have accounted for all your assets, you may inadvertently miss out a few. Make provisions to take card of such leftover assets or they will be rendered intestate and left in the care of the state.
Use easily understood language
While it is common for wills to be drafted in legal jargon, many are unclear on specific terms and may use them wrongly
Provide complete names
Being careless in providing accurate or complete names in the will may result in confusion.
Review will when family status changes
Marriage invalidates any will written prior to the event.
Review your will every time there is a major change in your life – marriage, divorce, birth or adoption.
Review will when circumstances of executor / beneficiary / guardian change
If an executor or beneficiary happens to change their marital status or their names or pass away before you
Update will when assets change significantly
Whenever there is an important change in you assets
Always inform executors about will location.
A will that cannot be located is as good as having no will at all. This is one of the leading causes of wills not being executed. Secure your will in a safe location.
Before writing a will, remember that you can change the contents of the document as and when you choose. You are also free to dispose of any assets listed in your will. Begin by listing all your assets – property, cash, investment, jewellery or anything of value, including insurance benefits. Second, list down the beneficiaries. This can be anybody you wish to benefit. Then decide on the asset allocation to the beneficiaries – who gets what and how much.
Choosing the right guardians for beneficiaries below 18 years is equally important. When you’re done, keep it in a safe place where it will not be tampered with. Ensure that your executors and beneficiaries know how to locate it.
Important issues when writing a will
Ensure competent executors & Appropriate Guardians
Finding a reliable executor facilitates the ease of distributing your assets, especially when dealing with a complicated will with diversified assets. It is also important to obtain their consent before finalizing a will.
Complete list of all assets
If you fail to account for all your assets or are unwilling to reveal complete information on them, it is unlikely that your beneficiaries / executors will have complete knowledge after you are gone. Your beneficiaries will be disadvantaged.
Allow for taxes or other financial considerations
Many overlook the incurrence of taxes and bills , funeral expenses, legal fees and unpaid bills. Depending on court schedule, the application for the Grant of Representation takes 6 months or longer. It is therefore important to set aside a reasonable sum of cash.
Anticipate for leftover assets.
Even if you think you have accounted for all your assets, you may inadvertently miss out a few. Make provisions to take card of such leftover assets or they will be rendered intestate and left in the care of the state.
Use easily understood language
While it is common for wills to be drafted in legal jargon, many are unclear on specific terms and may use them wrongly
Provide complete names
Being careless in providing accurate or complete names in the will may result in confusion.
Review will when family status changes
Marriage invalidates any will written prior to the event.
Review your will every time there is a major change in your life – marriage, divorce, birth or adoption.
Review will when circumstances of executor / beneficiary / guardian change
If an executor or beneficiary happens to change their marital status or their names or pass away before you
Update will when assets change significantly
Whenever there is an important change in you assets
Always inform executors about will location.
A will that cannot be located is as good as having no will at all. This is one of the leading causes of wills not being executed. Secure your will in a safe location.







