A Will is a declaration intended to have legal effect of the intentions of a testator with respect to his property or other matters which he desires to be carried into effect after his death.
A Testament is a codicil and an appointment by Will or by writing in natural of a Will in exercise of a power and a disposition of the guardianship, custody, and tuition of any child.
Yes. Writing a Will is very important. It is not mandatory but very highly recommended. By preparing a Will, it may avoid from bringing unnecessary hassle to the testator’s family members upon the demise of the testator, particularly on the process towards the distribution of the deceased’s property.
Anybody above the age of eighteen (18) with sound mind can write a Will. Individuals possess movable and immovable properties are highly recommended to write a Will.
Anybody above the age of eighteen (18) which is truly to be trusted by the testator to be competent in the distribution of the testator’s assets upon the demise of the testator.
Yes.
Absolutely no. It may affect the validity of a Will.
Movable property(ies) refers to assets which are movable from one place to another.
Example: Cash, Cash in Saving Accounts, Fixed Deposit, Stock Markets, Vehicles, Jewelleries, Valuable Items, Company shares, etc.
Immovable property(ies) refers to assets which are not movable (cannot be moved from one place to another). Example: Real Estate inclusive of Land, House, Condominium, factory, etc.
A testator shall do a new Will if he wishes to change any of the beneficiaries from the previous Will
For deceased who passed away without Will, the asset of the deceased shall be distributed in accordance to Distribution Act (as amended by the Distribution (Amendment) Act 1997) as follows: –
Intestate Leaving Surviving | Entitlement |
---|---|
Spouse Only (No parent(s) & Issue) | Spouse – Whole Estate |
Spouse & Parent(s) Only (No Issue) | Spouse – ½ of the Estate Parent(s) – ½ of the Estate |
Issue Only (No Spouse & Parent(s)) | Issue – Whole Estate |
Parent(s) Only (No Spouse & Issue) | Parents(s) – Whole Estate |
Spouse & Issue (No Parent(s)) | Spouse – 1/3 of the Estate Issue – 2/3 of the Estate |
Issue & Parents (No Spouse) | Issue – 2/3 of the Estate Parent(s) – 1/3 of the Estate |
Spouse & Issue & Parent(s) | Spouse – ¼ of the Estate Issue – ½ of the Estate Parent(s) – ¼ of the Estate |
In the case the intestate dies without leaving a surviving spouse, child or parent, the following person(s) are entitled to the estate in accordance to priority: –