Problems without a will

- No protection to your young children
- Hassle
- Time consuming
- Higher costs
- Unsatisfactory division of your estate – in accordance to Distribution Act 1958 (Amended in 1997)

Distribution Act 1958 (Amended in 1997)

For someone who passed on without a will, the distribution of estate will be in accordance to the Distribution Act 1958 (for Peninsular Malaysia & Sarawak)

INTESTATE LEAVING SURVIVING
ENTITLEMENT
Spouse only (no parent/issue) Spouse – whole estate
Issue only (no parent/spouse) Issue – whole estate
Parent(s) only (no spouse/issue) Parent(s) – whole estate
Spouse & Parent(s) (no issue) Spouse – 1/2
Parent(s) – 1/2
Spouse & Issue (no parent) Spouse – 1/3
Issue – 2/3
Parent(s) & Issue (no spouse) Parent(s) – 1/3
Issue – 2/3
Parent(s), Spouse & Issue Parent(s) – 1/4
Spouse – 1/4
Issue – 1/2

 

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

1. Brothers and sisters 2. Grandparents 3. Uncles and aunts (own parent’s brother or sister)
Great grandparents 5. Grand uncles and aunts (own grandparent’s brother or sister)
6. Government

Issue : Includes legitimate children and the descendants of children
Parent : Natural mother or father of a child or the lawful mother or father of a child under the Adoption Act 1952.

Intestate Succession Ordinance 1960

For someone who passed on without a will, the distribution of estate will be in accordance to the Intestate Succession Ordinance 1960 (for Sabah).

INTESTATE LEAVING SURVIVING
ENTITLEMENT
Spouse only (no parent/issue) Spouse – whole estate
Issue only (no parent/spouse) Issue – whole estate
Parent(s) only (no spouse/issue) Parent(s) – whole estate
Spouse & Parent(s) (no issue) Spouse – ½ & All Personal Chattels
Parent(s) – ½
Spouse & Issue (no parent) Spouse – 1/3
Issue – 2/3
Parent(s) & Issue (no spouse) Parent(s) – Nil
Issue – whole estate
Parent(s), Spouse & Issue Parent(s) – Nil
Spouse – 1/3
Issue – 2/3

 

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

1. Brothers and sisters 2. Grandparents
3. Uncles and aunts (own parent’s brother or sister) 4. Government

Issue : Includes legitimate children and the descendants of children
Parent : Natural mother or father of a child or the lawful mother or father of a child under the Adoption Act 1952.

Benefit of writing a will

- You decide how to divide
- You choose Executor
- You choose Guardian for children
- Avoids disputes
- Saves hassle
- Much shorter time
- Does not need guarantor
- Lower costs for Probate than LA
- Quick, convenient and inexpensive to do

Legal requirements for a valid will

A valid will must comply with the Wills Act 1959, where –

- It must be in written form – hand written or type written
- Signed by the testator in the presence of 2 witnesses
- Signed by 2 witnesses in the presence of testator
- Testator must be at least 18 years old (for Peninsular Malaysia & Sarawak) or 21 years old (for Sabah)
- Testator must be of sound mind

Professional will custody

A will is normally expose to –
- Theft
- Misplacement
- Unwanted tampering
- Accidental/deliberate destruction
- Natural disasters, e.g. flood, fire
- Being frozen in safe deposit box
- Risk of going to wrong hands

Will custody service by Rockwills Corporation Sdn Bhd Rockwill provides you with-
- Certain to be found when needed
- Free from accidental and deliberate destruction
- Prevent unwanted tampering
- Preserve confidentiality
- Safe from calamities

Checklist for will writing

Writing a will is simple and hassle free, what you need to do are listed below –

- List down your choice of executor / trustee and their particulars
- Choose a proper guardian for your minor children
- Prepare a list of beneficiaries and their particulars
- List down all valuable assets
- Any special instructions