A will is a legal document which outlines how a person intends to have his/her estate distributed and/or other matters to take affect after his/her death.
Without a Will, your assets could give more troubles than benefit to your family at a time when they are most vulnerable. Your loved ones could be involved in a long drawn legal process or fighting in a complex legal battle with other family members.
Without a Will, the law will decides who your beneficiaries, trustees and guardian would be. There is a legal process to go through before your loved ones can benefit from your assets. Leave nothing to chance. Make a Will and the law will protect your wishes.
That is why more than 200,000 Malaysians have written their Wills through Rockwills.
If you don’t have a will when you die, your money, property and possessions will be shared out according to the law instead of your wishes. This can mean they pass to someone you hadn’t intended – or that someone you want to pass things on to ends up with nothing.
Once executed, your Will is valid until it is replaced by a new Will, revoked in writing or destroyed intentionally. Your wills is automatically be revoked if you marry or remarry, or convert to Islam.
A Will is perhaps one of the most important documents that can help ensure your wishes are executed to protect the well-being of your loved ones upon your death. Protecting it and ensuring that it can be located at any given time is of the utmost importance...
A Will which cannot be found is as good as not having any.
As such, we also offer Professional Custody Service for your Will with Rockwills Trustee Berhad. Our unique retrieval service will ensure that your Will can be found quickly and easily when the need arises.
Your Will is automatically revoked upon your marriage or remarriage. An exception is where you’re will expressly provide for an expected marriage in a ‘contemplation of marriage’ clause. A divorce does not affect the validity of a Will. A new Will is necessary in such circumstances.
You can appoint any adult (18 years or older) to act as your executor. You can appoint between 1 to 4 executors to jointly administer your estate. You may also name persons to step into the shoes of your appointed executor(s) in the event any of them predecease you or renounce their executorship. Alternatively, you can appoint a trust company to act as your executor. The decision on whether to appoint a friend or relative or a trust company will depend on the size and nature of your estate as well as the complexity of your Will and testamentary trust.
Yes, your executor may also be a beneficiary to your estate. In fact, if you are leaving everything to your spouse or adult children who are capable of managing their finances, it is a natural choice to appoint them as your executor(s).
The role of your executor is to ensure that your wishes in your Will are fulfilled. This will involve your executor
a) Locating your Will
b) Applying to court for a grant of probate
c) Calling in your assets
d) Paying off your liabilities
e) Distributing your assets according to your Will
f) Preparing a statement of account.
Generally, yes. Your executor may apply to the High Court to reseal the grant of probate in Malaysia. Thereafter, your executor may deal with and distribute your assets in Malaysia according to your Will.
Your Will should include a residuary clause which deals with the distribution of all your assets which are not specifically covered by any other clause in your Will. If you want to specifically deal with a new acquisition in your Will, you will either have to execute a new Will or a codicil.
No, your Will does not need to be stamped to be effective.
Not everyone can be a witness to a Will. Here are the basic rules:
a) Adults - Each witness must be a legal adult, which usually means 18 or over.
b) Beneficiaries and their spouse under the Will cannot be the witness If a beneficiary does serve as a witness, the Will’s gift to that person could be declared void by a court. The rest of the Will would remain in effect. I need an impartial party. Who can be the right candidate?