Frequently Asked Questions
You have any query pertaining to Will drafting? Here are some of the common ask questions for Will drafting to assist you.
- Choose who will get your asset after your death;
- Arrange how your property to be distributed among your various beneficiaries;
- Give specific items of property to specific people;
- Appoint someone you trust the most to administer and manage your estate; and
- To appoint a guardian for your minor children, if any. In Malaysia, a Will be governed by the Wills Act 1959.
- You understand you are making a Will and you know what a Will is;
- You understand you are giving the property/asset to the person as mentioned in your Will; and
- You understand what types of property you own, how you intend to distribute that property.
- You get married or divorced (a change in marital status may change your mind for the distribution of your assets);
- You are unmarried, but have a new partner;
- The amount of money and property you own significantly changes;
- Your executor or a significant beneficiary in your Will dies;
- There is a birth or adoption of a child in your family;
- You change your mind about the provisions in your Will.
- What is a testator?
A testator is the person who is making the will. You will be the testator when you are making your own Will.
- What is a beneficiary?
A beneficiary is a party who is receiving a gift from the testator. Beneficiaries can be people or organisations.
- What is an executor?
An executor is a person named in the Will who will be responsible to administer/manage the testator’s estate in according to terms as stated in your Will. An executor is also referred to as a personal representative.
- What is a guardian?
A guardian is a person the testator appoints to look after the testator’s minor children in the event that the testator dies.
Many people select their spouse or an adult child to be their executor. Also, people often choose a beneficiary to be their executor. In this way, the executor will want to ensure that the property is distributed properly.
You may want to consider the following movable and immovable assets when you want to do your Will:
- Your properties
- Motor vehicle
- Bank accounts
- Investments accounts
- Shares and securities
- Unit Trust investments
- Premium Savings Bonds
- Interest in other people's estates
- Property and bank accounts abroad