Secure Your Legacy with a Will

Will Writing Service in Melaka

Our experienced legal team is dedicated to ensuring that your estate is managed and distributed according to your wishes, providing you and your family with peace of mind. Whether you are looking to draft a new will or update an existing one, we are here to guide you every step of the way with expertise and compassion. Trust us to help secure your legacy
A simple explanation

What is a will?

Our experienced legal team is dedicated to ensuring that your estate is managed and distributed according to your wishes, providing you and your family with peace of mind. Whether you are looking to draft a new will or update an existing one, we are here to guide you every step of the way with expertise and compassion. Trust us to help secure your legacy
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Key Differences

With and Without a Will

Without a will, the road ahead can be fraught with delays, complications, and increased costs.

Your estates could be frozen until the case is settled, leading to long delays, unnecessary hassle, and unsatisfactory division of assets.

FAQ

1. What is a Will and Testament?

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.

2. Is Will important? Is that mandatory to write a Will?

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.

3. What is the benefit/advantage for a testator to write a Will?
  • The property(ies) of the testator could be distributed in accordance to the wishes   of the testator;
  • The executor(s) shall act purely in accordance to the Will to distribute the deceased’s property(ies); and
  • To avoid argument between the family members/ next-of-kin towards the distribution of the deceased’s property(ies).
4. What is the hassle/disadvantage brought to the family members/next-of-kin for deceased who passed away without leaving a Will?
  • The property(ies) of the deceased is to be distributed in accordance to the manner stipulated under Distribution Act (as amended by the Distribution (Amendment) Act 1997) whereby such distribution might not be the wishes of the deceased;
  • More argument derived from the family members/next-of-kin of the deceased;
  • More complicated and longer legal process involved in distributing the property(ies).
5. Who can write a Will?

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.

6. Who should be the Executor of 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.

7. Can the Executor be appointed as one of the beneficiaries in a Will?

Yes.

8. Can the beneficiaries be the Witnesses of the Will?

Absolutely no. It may affect the validity of a Will.

9. What should the testator indicate under his movable and immovable properties?

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.

10. In what circumstances that a testator shall do a new Will?

A testator shall do a new Will if he wishes to change any of the beneficiaries from the previous Will

11. If the testator has left out any of his assets /he has bought new properties after the execution of the Will, does the testator have to do a new Will?
In the event the Residuary Clause is indicated in the Will, the testator does not require to do a new Will unless he wishes to change/add or remove any of the beneficiaries from the previous Will.
12. What will happen to the asset of a deceased who passed away without 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: –

  1. Brothers and Sisters
  2. Grandparents
  3. Uncles and Aunts
  4. Great Grandparents
  5. Great Uncles and Aunts
  6. Government
LO SIAW CHING & PARTNERS
Our office is located in Melaka, if you need any legal advise, please do not hesitate to contact our lawyer.
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