Will Writing

Where there is a Will, there is a way.

Writing a Will is not compulsory but a NECESSITY in life.

Estate planning is an important component of the financial planning process. Proper estate planning will ensure a smooth distribution of your assets to your loved ones in accordance with your wishes.

Key Takeaway = Death is A Life Lived.

(One should look at death as a life lived.)

There comes a time when we need to face the cold hard reality that we won’t live forever and you need to write a last will and testament. Death won’t wait for us to have our affairs in order. Death also doesn’t care if you’re 20 or a ripe old 88 and ... that means you should be prepared for eventualities.

Under the Malaysian law, immediately upon a person’s demise, all his/her hard-earned wealth will be frozen. This would mean that your loved ones will not be able to transfer properties which are registered in your name, dispose of your shares and worst of all, would face difficulties in withdrawing monies from the bank accounts at a time when monies are needed most. Writing a Will empowers you with the right to plan and provide for your loved ones, for them to obtain their inheritance in the shortest possible time with the least inconvenience.

What is a Will?

A Will is a document which expresses your declaration of intentions with respect to your estate and other matters which are to be carried out into effect after your passing. With a Will, you can make your intentions clear for your loved ones to avoid uncertainties and family disputes.

Grant of Probate

Grant of Probate is issued by the High Court to the named Executor(s) in a Will. Once the Grant of Probate has been issued, the Executor(s) named in the Will is authorised to administer the estate.

Letters of Administration

Letters of Administration (LA) in the form of Declaration or Order is issued when an individual passed away without a Will.

In Malaysia, there are only three institutions with the authority to grant LA, which are the High Court, AmanahRaya and the Small Estate Distribution Unit. AmanahRaya grants LA in the form of a Declaration or Order as governed by Public Trust Corporation Act 1995 (PTCA 1995).

What are the processes involved in estate administration?

The processes involved in estate administration include:
a) Identifying the deceased member's assets;
b) Settling deceased member’s debts (if any);
c) Issuing a Letter of Administration; and
d) Distributing the inheritance to the rightful heir in accordance with applicable laws.

Other Types of Estate Planning

Trust Nomination is a declaration of Trust by an investor on his/her unit trust investments which will be distributed to the named beneficiaries upon his/her death. It allows the unitholder to appoint himself/herself as the Main Trustee until his/her death. Upon his/her passing, a substitute Trustee will distribute his/her funds according to his/her preference as per stated in the Trust. A Trust Nomination permits you to name your loved ones as beneficiaries of your unit trust investments. With this, you are ensuring that your loved ones receive these funds fast when you are no longer around.

Wasiat is a legally binding document by which an individual signifies his/her wishes as to the distribution of his/her estate upon death.

PB Hibah is the nomination of Shariah Unit Trust Funds (hereinafter referred to as “Hibah Assets”) by Unitholder (hereinafter referred to as ‘Pemberi Hibah’) during his/her lifetime to the Beneficiary(ies) (hereinafter referred to as ‘Penerima Hibah’) based on love and on voluntarily basis, without coercion and without any consideration and must be entered into through offer and acceptance (ijab and qabul) between the ‘Pemberi Hibah’ and the ‘Penerima Hibah’. The Hibah Asset will be held by the Trustee (hereinafter referred to as “PBTSB”) and will be distributed to the ‘Penerima Hibah’ upon the demise of the ‘Pemberi Hibah’.