WHAT happens if there is no will?
Many people assume that if they die intestate (without a will), their assets and possessions will automatically go to their spouse or children.
However, the Distribution Act 1958 (amended in 1997) states that if a married man or woman dies leaving behind surviving parents, a spouse and children, the assets will be distributed thus: parents (25%), spouse (25%) and children (50%).
If the parents subsequently pass away, their share will be divided among the deceased person’s siblings.
The law, unfortunately, does not recognise live-in partners, stepchildren or other relatives, no matter how close the bond they shared (for example, the aunt who may have brought you up).
Can I include joint ownership of a property, etc, in my will?
Yes, you can. You can will away your share of a house, piece of land, etc.
Can I change my will?
Of course. Since a will only takes effect after the testator’s death, he or she can make amendments to the will while he or she is alive.
If I have acquired more assets, does it invalidate my existing will?
No, it does not. The additional assets will be distributed according to the portions you have already stated in your will. Only if you want to change the portions do you need to change your will.
Can my will be in the form of a video or audio tape?
No. A will has to be written for it to be legal. The only exception is for members of the armed forces or navy who are away on military service.
Is it true that marriage revokes a will?
Yes, unless you include in your will that your imminent marriage will not revoke your will. The name of your intended, however, must be stated in the will.
Does divorce automatically revoke a will?
No, it does not. So if you are divorced, it is best that you re-write your will (assuming you want to change the distribution of your assets).
What if both witnesses to the will have died?
The court will require an affidavit from a person who can verify the authenticity of the testator’s signature.
If I alter my will, will I need to get signatures from the two witnesses again?
Yes, you will have to sign beside the alterations in the presence of the same witnesses. On top of that, the witnesses will also be required to sign beside the alterations in order for it to be effective.
Do I have to re-write my will each time I have a new child?
If you intend for your children to share your assets equally, then no, you don’t have to. But if the divisions are specific and unequal, then you must.
Must I write my will in English?
You can write your will in any language. However, where the will is not in English, a translation certified by a court interpreter or a translation verified by the affidavit of a person qualified to translate, must be annexed to the application for grant of probate.
Can I write my own will?
Yes, you can, if you are well versed with the Wills Act.
Do the same laws apply to Muslims?
No, the Wills Act 1959 is not applicable to Muslims who are governed by Islamic or syariah laws. Basically, everything owned by a Muslim – property, cash, jewellery, clothes, loans, etc – at the time of death, comes under the deceased person’s estate.
When a Muslim dies, the first consideration will be funeral expenses for shrouding and burying the deceased. Following this, all debts must be paid off. Only after this can the deceased person’s bequests be considered and addressed – this applies to a third of the estate. The remaining will be divided according to syariah laws. A bequest can be made by a Muslim to a non-Muslim too, but not to anyone who opposes Islam.
Source: Guide to Planning Your Will Effectively by Saw Leong Aun of Rockwills Corporation Sdn Bhd.