It is common knowledge that any non-muslim adult in Malaysia could draw up a will expressing his wishes on how his assets would be distributed after he has passed away. Here are 6 reasons why you might consider making one.
1. Disposing of property
The primary reason for anyone making a will is to express their wishes on how properties belonging to the testator would be distributed on his death. If a person died without a will (ie intestate), then the law in the form of Distribution Act 1958 (“DA 1958“) does provide a manner of distribution by listing out the ranking and portions entitled by the surviving beneficiaries. We will cover more on DA 1958 in our future posts.
However, not everyone likes the manner of distribution as provided in the DA 1958. For instance you may not want your estranged degenerate son to inherit or conversely, you may want to provide more to a particular child with special needs.
A will is where you take control and express your wishes on how the properties should be distributed in the event of your death.
2. Appointing executors
Once you have an idea on how to distribute your assets (after death), you would need someone to carry out the order for you. That person is called an “executor”.
The role of the executor is a crucial one. After you have passed, the executor would need to obtain probate from the High Court and then administer your estate in accordance to your will. Obviously, an executor should be someone that you could trust and able to carry out your wishes.
Since the appointment as an executor comes with a lot of responsibilities, it is best that you communicate with your potential candidate beforehand whether he is willing to step up when the time comes.
3. Disposing of the testator
For many of us, the discussion on future funeral arrangements remains a taboo topic. You might prefer cremation over normal casket burial but was hesitant to have a candid discussion with your next of kin, then perhaps writing it down in your will would be an alternative method in relaying the message.
Although executors are not bound by the testator’s directions, they will usually feel at least morally obliged to follow them if they can reasonably do so. Again, that is why, the executor must be someone that you could trust.
4. Appointing guardians
Many clients that we encountered often overlook this aspect. A will is not just a document for you to distribute assets post-death. You can also use a will to assign the guardianship of your child. Normally, this would not be a problem when there is a surviving spouse to take care of the child when you are gone.
But in the unfortunate event that both parents passed away at the same time or that you are a single parent. You might want to have a say on who should be the guardian of your young child when you deceased.
Similar with the appointment of executor, appointing a guardian involves entrusting large responsibilities to your potential candidate. You have to make sure that they are willing to take up role when situation warrants.
5. Revoking wills
The revocation of prior will is one of the most important functions that a will can perform. Indeed, every properly drawn will should contain a revocation clause even if there are no prior testamentary instrument to revoke.
In short, once you have made a fresh will, all your previous wills (if any) will be automatically revoked. This eliminate the necessity for your next of kin to search for prior wills after you have passed away.
6. Expressing a view
The making of a will offers the testator an opportunity to express his personal views on a wide range of matter. For example, you may want to tell your spouse and children how much you love them or to advise your estranged degenerate son to be remorseful and return to the embrace of your surviving family.
Although this might not have any dispositive effect, but consider this as your final message or good bye to your loved ones.
End Note
Well, the above are some of the brief reasons on why you should consider making a will. If you have questions, please do not hesitate to reach out to us.
If you like this post, please sign up to our newsletters or follow up us on Facebook and Twitter as we will be writing more in the future. Cheers!
Credit: Photo by Marc A. Sporys on Unsplash
