VitalWills - Wills for Malaysians

Here are some interesting videos I made. I hope that it gives you a better idea about different aspects of writing a Will in Malaysia.

5 Reasons why a Will is important 8 minutes

How to use a trust 5 minutes

This is a short video explaining when and how to use a trust as part of writing a Will. The first part is a little funny but I hope you get the point. The later part talks about using a trust in situations where children, parents and other loved ones are involved. It shows you how you can provide for them and protect their interest.

This is a short video explaining 5 reasons why a Will is important. It will give you a better idea about the benefits of having a Will written. Click on the triangular button in the center to start the video. You can adjust the volume at the lower right corner.

You have heard that Writing a Will is important. But you are not sure how to go about it?

You have come to the right place!

VitalWills not only helps you draft a proper Will, we provide our expertise in guiding you through the necessary steps to ensure that all your assets will be transfered smoothly to your next of kin.

Most Malaysians don’t think about having a Will written. They assumed that their assets will automatically go to the immediate family members when they pass on. If you talk to those who went through it, when their loved ones passed away, then you’ll understand the amount of hardship, time and money they spent to obtain their rightful possession.

Just be un-Malaysian for a moment and have a Will written. You’ll spare your family much heartache!. Why let your loved ones go through HELL, while you are in Heaven?

Please check up the rest of the interesting articles on this site and find out more about the important of Wills.

If you find the information here useful, tell it to your family and friends! You are doing them a favour.

Call us now!! write your Will and plan for estates distribution.

Why WAIT? Write Your Will today!

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Recent estimates show that a significant portion (as high as 90%) of the eligible adults in Malaysia still do not have a Will. With growing awareness and increasing acceptance level, more people now recognize the importance of having a valid Will.

Why Will Writing has great opportunity

1. Will Writing at the moment has less competition compare to more established industry like life insurance or unit trust. As of 2006, the life insurance industry has about 80,000 agents, while unit trust has about 38,000. There are about 3,000 licensed Will writers in 2006.
2. Changes happens much to rapidly in financial industry like insurance and unit trust. Besides product changes, industry rules and government body regulations are changing all the time. Many professional sales person are finding it hard to keep up with such rapid changes. There are much less changes in Will writing allowing you to focus more time on acquiring and growing your customers, thus increasing your income.
3. It allows you to penetrate to financial related industry like insurance and unit trust should you choose to. Since a person who is keen to write a Will, you can get many personal information during Will writing that allows you to access this person.

To find out more how you can tap into this growing market, and evaluate if this is for you, call us or send us an email

Will Writing

Will writing fee depends on complexity. A Basic Will starts from RM 380, while a Will with guardians, the need for Trustees will generally range between RM 500 to RM 1000. Complex Wills cost more. We provide an estimate Will writing fee after we have taken your instruction before proceeding with the actual drafting of your Will. This mean you’ll know how much it will cost.

Will Custody

We provided Will custody i.e. safe keeping of your Will. There are many cases of that could not be located therefore it is as good as not having your Will written. Your Will is kept in a strong room with fire resistance walls and doors, and biometrics security.

Annual Custody RM 80 per year with 20% Rewrite fee

Lifetime Custody RM 800 (one time payment with 20% Rewrite fee)

Premier Lifetime Custody RM1200 (one time payment with 70% Rewrite fee)

Will Translation

We can translate your Will from English to other languages (ie: Chinese, Bahasa, Tamil, etc..) and vice versa if there is such a requirement. The cost is 40% of the Will Writing fee charged.

There is RM 40 billion worth of assets left by Malaysians and yet to be claimed by their heirs because most of them die without writing a Will. Make sure your assets DO NOT add to this unclaimed money!

This was reported on the New Straits Times paper on January 22, 2007. By the way, some of this money could belong to you. That is the sad state of affairs in our country. Because of taboo and the lack of desire to plan for one’s death, which by the way, will happen, and assets are frozen. Frozen assets are of no use to your family or to society as a whole.

When you die without writing a will, it creates problems of inheritance, and leaves your family stranded with outstanding loans and other obligation, without the means to pay for your obligations. Why? It takes a long time for the money and other assets to pass on to them.

Funny thing is, after there is a major disaster, like accidents, tsunami or Sept 11, the number of people who wrote Will increased. I’ve also heard people who are going for surgery decide to write their Will. Somehow the prospect of death makes people no longer put of creating this important document. They decide that writing a Will is important after all.

This is something we should be un-Malaysian. Our Western counterparts are better educated and much better planned. They realize that their time can be up anytime and makes sure something as simple as writing a will is done.

Contact us to find out more how to write your Will

Most Malaysian put off writing a Will! Just by asking them to consider writing a Will will already make them feels morbid! As if death is just around the corner, haunting them! Sounds silly but its true!

Writing a Will is like doing good things in life: example exercise, you don’t feel good of doing it BUT everyone knows its good for health, right? But if you don’t do it or keep on delaying it, what will happen to your health? Same goes with writing your Will!

People who don’t write a will either don’t know the benefits of it, find it difficult to face the facts of life, simply procrastinate or feel superstitious about it. Why let your loved ones go through HELL while you are in Heaven?!!

When a person dies without writing a Will, the problems that might be face by your loved ones are: -

• it cost your spouse/survivors more hassle, time and money to distribute your assets:
  • the longer the process of distribution of the estates, the higher fees will be charged by lawyer. It may take 6 to 12 years or more, to complete the process.
  • hassle of finding 2 guarantors; guarantors are responsible for all your expenses and debts. Most people don’t want to be your guarantor since they will be liable for any expenses and debts.
  • appointment of administrator and trustee. Can you trust an administrator appointed by the court? Remember, nowadays, a person’s total estate could easily be worth more than RM 500,000 (properties, cars, EPF and insurance)

• do you know that when a person pass away, all their assets will be frozen? It can take 2x longer for your family to get to your money even if it is a joint accounts. They will have cash flow problems! What if they are desperate to pay bills? What happen if your spouse is unemployed? Or worse still, what if both parent died together leaving behind only young children?
• your children might be taken care off by someone/various relatives that is not of your choice. Besides, if you have several children, they will be “Lelong“, i.e the court will decide and divide who to take care of which child. In the end, they will be separated, especially if a relative can’t afford to keep all of them together. The court decision might not guarantee that person will love & care for your children. There are plenty of cases where children are abandoned after the money you leave for your children got squandered!
• Can you imagine, someone you don’t like, might get a chunk of your assets?
• your assets could be mis-handled and less go to your intended family!

We will look into more of these issues in the next few articles.

You & I knows what written above are of true sense, Its not a horror movie! Its time to wake up & act fast before it is too late!

Contact us to find out how to write your Will

We got this story from someone who did his own Will. Here is what he wrote.

I’m a DIY person myself but when it come to writing a Will, I suggest you don’t do it. Why? I wrote my own Will the first time. I spent many hours looking at websites and reading books about Wills. When I felt that I have the information needed, I started to write my own Will. When I finished, I felt very proud of myself.

I forgot about my whole Will thing. Later, I got married and the children came along, my wife pushed me to write my Will. She saw an article on the newspaper and decided to call a Will writer. I told her save her money since I know how to write a Will and have one to prove it.

Having doubts about my legal knowledge, she took the Will to the Will writer and the comment that came back is that there were many mistakes. The will would not have been valid.

Other friends told don’t be “kiasu” because “if you write your own Will, it is like buying a $10 lock to secure you million dollar home.” I got the point.

I suggest you get a professional to write a proper Will.

Other reasons why it is better to get a qualified person.

A professional is trained to write your Will so that nothing is left to chance. You might leave out important clauses if you write a Will yourself. A professional can help you tailor make a Will to reflect your intentions without any ambiguity. If what you write is not clear, your beneficiaries can contest your Will creating disharmony among family members.

Here is another story we received.

My father wrote and kept his own Will long ago. After he passed away, it took us tedious time to locate his Will because none of us or even mom knew where he kept it. Due to time constraints by the Court, we almost ransack the whole house. Finally the Will was found in a narrow slit between his old cabinet that was infested by termites. Thank God! the Will was safe.

Submitted it to the Court just at the brink of time, we were told that the Will was incomplete due to no appointment of Executors. We are to file a petition for Letters of Administration with Will Annexed. Not too sure what it is or how to go about it, so we decided to get help from a lawyer. Even with the help, the process of the will toke for 4 years and found out that yet another problem occurred…we are to locate the witnesses who had co signed my father’s will. It was a long and tedious task to locate them. It took us yet another 1 1/2 years just to find out that the witnesses can not be located. Due to the long delay and the hassles of attaining the estate even though my father wrote his own will, it took us 6 1/2 years to settle the process and we were charged with exorbitant lawyer’s fees plus other miscellaneous.

Okay, after hearing all the horror stories and problems they leave behind when people die without writing a Will, you’ve finally decided to write a Will. Now, the question is, where do you start? Here are some basic steps you need to take.

1. Decide on your Executor . This is the person or persons who will administer your estate when you pass away. By the way, your assets are called estate when you pass away. Choosing an Executor is quite important if your assets are substantial. The Executor must be honest and trusthworthy. If you don’t have confidence in anyone, then you can choose a trust corporation to be your executor. If your assets are not that large, then it is quite common to select one or more of your beneficiaries to be the Executor. You need not finalize the person, but at least have 2 or 3 names as potential people.

2. Choose a Guardian . If you have children below age 18, you should nominate someone as a Guardian. Usually, your spouse is the guardian but you nominate a guardian in case both of you die together or your spouse pass away first. Guardians would most likely be relatives or friends who love your children. Again, speak to them first and get their consent. I’m sure you don’t want to be taking care of someone’s kids one day out of the blue, neither should you do it to them.

3. Beneficiaries . These are people who would benefit from your assets. Usually, they would be family, relatives and/or friends, but it can include charity organization or anyone at all. If you choose to leave everything to only one person say your spouse, then have alternative beneficiaries in case your spouse don’t survive you.

4. List Your Assets . Write a list of your assets including property, bank accounts, shares, vehicles, jewellery and anything of value. This is to make sure you don’t miss out anything.

5. Who gets what ? This is where you decide who gets your assets. Besides the larger item like property or cars, if you intend to give a certain asset to more than one person, it is better to specify using percentage rather than a fixed dollar value. With inflation, RM 50,000 today is worth very little 10 to 20 years down the road.

Some things to consider. Many people overlook this when writing a Will. They want to be fair and will giving a property or properties to be share with a few people, for example 2 or more. The problem that might arise later on is one party might want to keep the property and the other might want to sell his share for money. And if the person who wants to keep the property, can’t afford to buy the other part, then unpleasant situation can happen.

Vitalwills will run through your intentions and give suggestions about distributing your estate in a practical way, without creating problems later on.

Contact us to find out how to write your Will

In Malaysia, the Distribution Act 1958 was amended in 1997. Although the intention of this amendment was to look after all the immediate family members, it created a situation that can make things worst. A typical case of intestacy would be a person dies leaving a spouse, children and aged parents.

What will happen to the property is this. According to the Act, the surviving spouse gets 1/4, children gets 1/2, and the parents gets 1/4 of the estate. This seems okay to many people. After all, every party is taken care off. However things can get complicated.

Remember that the distribution process can take several years. What if during this process, the parent also die without writing a Will? In the case, 1/4 of the parent’s share would now go to his or her siblings. (see the chart)

If the person have one house, that home will now be owned by his spouse, children and siblings. Imagine the difficulty to sell the property. If the spouse is not on really good terms, the situation can be unpleasant to say the least. Furthermore, even if the spouse need money and want to sell the house, he or she cannot do so. This is because the children are still minors. Their share have to be kept in trust until they come to age of majority.

This example is only one of the possible outcome of not writing a Will. In some cases, brothers, sisters, uncles, aunt, great uncles and aunts as well as the government is entitled to a share of the estate. The bigger your family, the bigger the potential problem can be. It seems crazy but that is the law.

To avoid situations like this, don’t procrastinate on writing a Will.

Contact us to find out how to write your Will

Many people consider writing a Will after they are married. This is especially more so when children comes along. Somehow our survival instinct kicks in and suddenly a person looks at things differently. Rites of passage, motherhood or fatherhood somehow have a way of effecting your decisions.

Marriage by law, makes your Will no longer valid. If you have written a Will before you were married, your Will is no longer valid due to the changed of marital status from single to Married. Unless there is a clause that specifically mentions an anticipated marriage.

On the other hand, divorce does not invalidate a Will. Strange but that is the way it is. That is why it is important to review your Will every now and then. Especially when there are major changes in your life. With divorce is getting common even in Malaysia, make sure you do this. Otherwise, your property will still follow your instructions before divorce.

Writing a Will where a change of marital status occurred is vitally important to you and your family.

If you own any business, Will writing is even more crucial because : -

• disputes can arise between your surviving partner and your spouse how on who is taking over the business
• the business might be required by law to be liquidated or dissolve!
• in extreme cases, surviving partners or directors cheat the dead partners spouse by creating another business and transferring money out. This happens!
• the spouse of the dead partner interfere the running of the business since he or she have no choice but to protect her interest.

These are among reason why Will writing is crucial if you are a business owner.

Contact us to find out more how to write your Will

When people talk about writing a Will, many people are confused about Probate. Probate is actually a legal process that takes place after someone dies. There are several steps. This is the job that is done by the executor if you have a Will, or by a court appointed representative or an administrator if there is no Will.

Although law are different in countries, generally probate involves the following:

- identifying and listing the deceased ’s property
- accounting and appraisal of the property
- payment of income taxes and creditors

In some countries, the surviving spouse and/or children are usually allowed a specific amount of the deceased properties during the legal process of probate in order to help cope with any expenses. In Malaysia, the tax man comes first, creditors second and families come last!

If you don’t have a Will, the assets are distributed according to the Distribution Act 1958. It gets interesting here because there are different treatment depending on whether you are a Muslim, a non Muslim, and also whether you are from the state of Sarawak and Sabah. Besides that, if you are a Muslim, some might have to follow Adat of a certain states. It is too complicated to go into detail here.

The thing to remember is without writing a Will, the probate process will take much longer and cost more.

When it comes to writing a Will, some people are a bit confused about a “normal” Will versus a “living” Will. Is a living Will alive? Absolutely not, but it does give you an idea what it means. By now, you would know that a Will is a legal document that states your final wishes when you are dead. A living Will on the other hand is a legal document which lets a person decide whether or not to be kept on artificial life support plus any other type of aggressive medical treatment to keep him or her alive.

A living Will functions in the event of serious accidents or sickness, leaving the person alive but incapable of making further decision on his or her medical care. This happens in the movie. A living Will is quite an important document and part of estate planning since with medical technology advancing, you could virtually put a person on life support forever while the person in no longer actually living life. This not only cause emotional and financial strain on family members.

Although this is a crucial part of estate planning, unfortunately, in some countries, there is no laws in place regarding living Wills. If your country have such laws, take full advantage of it. If your country don’t have such laws, then at the very least, make writing a normal Will a priority.

Many people still think they do not need a Will yet. Why? Is it because :

a. I’m still young?

b. I don’t have much possession?

c. When I die my property automatic transfer to my family member?

d. Have not thought above it yet?

e. I will only write a Will when I am about to die?

But here are some questions to ask yourself if you really need a Will.

1. Do you think it is important for your family to obtain your assets that will help them pay up expenses as soon as possible when you pass on?

2. Do you prefers your assets to be distributed according to your wishes?

3. Is it important to choose a guardian for your young children, in case you & your spouse passes away together?

4. I don’t want my money and assets to be frozen for years during the probate process.

5. Do you intend to give some assets to a charity, ( individual or institution)?

6. I have properties and bank accounts under joint name.

7. I don’t want my family and relatives to fight or argue over my assets.

8. I have a “special child” that needs more funds to look after him or her.

9. I have substantial assets and would like to slowly give it to my beneficiaries rather than one lump sum

Your Answers

If you answered”Yes” between 3 to 5 questions above, then you need to write a Will

If you answered “Yes” to more than 6 questions, then it is pretty urgent to have a Will written immediately.

Contact us to find out how to write your Will

Articles in the news that talks about problems of not having a Will or updated nominations.

RM 40 Billion waiting for heirs

Click on the thumbnail for a bigger image

Ensuring your wealth don’t spoil your children

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I DIANA PRINCESS OF WALES of Kensington Palace London W8 HEREBY REVOKE all former Wills and testamentary dispositions made by me AND DECLARE this to be my last Will which I make this First day Of June One thousand nine hundred and ninety three 1 I APPOINT my mother THE HONOURABLE MRS FRANCES RUTH SHAND KYDD of Callinesh Isle of Seil Oban Scotland and COMMANDER PATRICK DESMOND CHRISTIAN JERMY JEPHSON of St James’s Palace London SW1 to be the Executors and Trustees of this my Will

2 I WISH to be buried

3 SHOULD any child of mine be under age at the date of the death of the survivor of myself and my husband I APPOINT my mother and my brother EARL SPENCER to be the guardians of that child and I express the wish that should I predecease my husband he will consult with my mother with regard to the upbringing education and welfare of our children

4 (a) I GIVE free of inheritance tax all my chattels to my Executors jointly (or if only one of them shall prove my Will to her or him)

(b) I DESIRE them (or if only one shall prove her or him)

(i) To give effect as soon as possible but not later than two years following my death to any written memorandum or notes of wishes of mine with regard to any of my chattels
(ii) Subject to any such wishes to hold my chattels (or the balance thereof) in accordance with Clause 5 of this my Will

(c) FOR the purposes of this Clause “chattels” shall have the same meaning as is assigned to the expression “personal chattels” in the Administration of Estates Act 1925 (including any car or cars that I may own at the time of my death)

(d) I DECLARE that all expenses for the safe custody of and insurance incurred prior to giving effect to my wishes and for packing transporting and insurance for the purposes of the delivery to the respective recipients of their particular chattels shall be borne by my residuary estate

5 SUBJECT to the payment or discharge of my funeral testamentary and administration expenses and debts and other liabilities I GIVE all my property and assets of every kind and wherever situate to my Executors and Trustees Upon trust either to retain (if they think fit without being liable for loss) all or any part in the same state as they are at the time of my death or to sell whatever and wherever they decide with power when they consider it proper to invest trust monies and to vary investments in accordance with the powers contained in the Schedule to this my Will and to hold the same UPON TRUST for such of them my children PRINCE WILLIAM and PRINCE HENRY as are living three months after my death and attain the age of twenty five years if more than one in equal shares PROVIDED THAT if either child of mine dies before me or within three months after my death and issue of that child are living three months after my death and attain the age of twenty one years such issue shall take by substitution if more than one in equal shares per stirpes the share that the deceased child of mine would have taken had he been living three months after my death but so that no issue shall take whose parent is then living and so capable of taking

6 MY EXECUTORS AND TRUSTEES shall have the following powers in addition to all other powers over any share of the Trust Fund

(a) POWER under the Trustee Act 1925 Section 31 to apply income for maintenance and to accumulate surplus income during a minority but as if the words “my Trustees think fit” were substituted in sub-section (1)(i) thereof for the words “may in all the circumstances be reasonable” and as if the proviso at the end of sub-section (1) thereof was ommitted

(b) POWER under the Trustee Act 1925 Section 32 to pay or apply capital for advancement or benefit but as if proviso (a) to sub-section (1) thereof stated that “no payment or application shall be made to or for any person which exceeds altogether in amount the whole of the presumptive or vested share or interest of that person in the trust property or other than for the personal benefit of that person or in such manner as to prevent limit or postpone his or her interest in possession in that share or interest”

7 THE statutory and equitable rules of apportionment shall not apply to my Will and all dividends and other payments in the nature of income received by the Trustees shall be treated as income at the date of receipt irrespective of the period for which the dividend or other income is payable

8 IT is my wish (but without placing them under any binding obligation) that my executors employ the firm of Mishcon de Reya of 21 Southampton Row London WC1B 5HS in obtaining a Grant of Probate to and administering my estate

9 ANY person who does not survive me by at least three months shall be deemed to have predeceased me for the purpose of ascertaining the devolution of my estate and the income thereof

10 IF at any time an Executor or Trustee is a professional or business person charges can be made in the ordinary way for all work done by that person or his firm or company or any partner or employee

THE SCHEDULE MY Executors and Trustees (hereinafter referred to as “my Trustees”) in addition to all other powers conferred on them by law or as the result of the terms of this my Will shall have the following powers 1 (a) FOR the purposes of any distribution under Clause 5 to appropriate all or any part of my said property and assets in or toward satisfaction of any share in my residuary estate without needing the consent of anyone(b) FOR the purposes of placing a value on any of my personal chattels (as defined by the Administration of Estates Act 1925) so appropriated to use if they so decide such value as may have been placed on the same by any Valuers they instruct for inheritance tax purposes on my death or such other value as they may in their absolute discretion consider fair and my Trustees in respect of any of my personal chattels which being articles of national scientific historic or artistic interest are treated on such death as the subject of a conditionally exempt transfer for the purposes of the Inheritance Tax Act 1984 Section 30 (or any statutory modification or re-enactment thereof) shall in respect of any such appropriation place such lesser value as they in their absolute discretion consider fair after taking into account such facts and surrounding circumstances as they consider appropriate including the fact that inheritance tax for which conditional exemption was obtained might be payable by the beneficiary on there being a subsequent chargeable event(c) TO insure under comprehensive or any other cover against any risks and for any amounts (including allowing as they deem appropriate for any possible future effects of inflation and increasing building costs and expenses) any asset held at any time by my Executors and Trustees And the premiums in respect of any such insurance may be discharged by my Executors and Trustees either out of income or out of capital (or partly out of one and partly out of the other) as my Executors and Trustees shall in their absolute discretion determine and any monies received by my Executors and Trustees as the result of any insurance insofar as not used in rebuilding reinstating replacing or repairing the asset lost or damaged shall be treated as if they were the proceeds of sale of the asset insured PROVIDED ALWAYS that my Executors and Trustees shall not be under any responsibility to insure or be liable for any loss that may result from any failure so to do2 (a) POWER to invest trust monies in both income producing and non-income producing assets of every kind and wherever situated and to vary investments in the same full and unrestricted manner in all respects as if they were absolutely entitled thereto beneficially(b) POWER to retain or purchase as an authorised investment any freehold or leasehold property or any interest or share therein of whatever nature proportion or amount (which shall be held upon trust to retain or sell the same) as a residence for one or more beneficiaries under this my Will and in the event of any such retention or purchase my Trustees shall have power to apply trust monies in the erection alteration improvement or repair of any building on such freehold or leasehold property including one where there is any such interest or share And my Trustees shall have power to decide (according to the circumstances generally) the terms and conditions in every respect upon which any such person or persons may occupy and reside at any such property (or have the benefit of the said interest or share therein)(c) POWER to delegate the exercise of their power to invest trust monies (including for the purpose of holding or placing them on deposit pending investment) and to vary investments to any company or other persons or person whether or not being or including one or more of my Trustees and to allow any investment or other asset to be held in the names or name of such person or persons as nominees or nominee of my Trustees and to decide the terms and conditions in every respect including the period thereof and the commission fees or other remuneration payable therefor which commission fees or other remuneration shall be paid out of the capital and income of that part of the Trust Fund in respect of which they are incurred or of any property held on the same trusts AND I DECLARE that my Trustees shall not be liable for any loss arising from any act or omission by any person in whose favour they shall have exercised either or both their powers under this Clause(d) POWER to retain and purchase chattels of every description under whatever terms they hold the same by virtue of the provisions of this my Will And in respect thereof they shall have the following powers

(i) To retain the chattels in question under their joint control and custody or the control and custody of any of them or to store the same (whether in a depository or warehouse or elsewhere)
(ii) To lend all or any of the chattels to any person or persons or body or bodies (including a museum or gallery) upon such terms and conditions as my Trustees shall determine
(iii) To cause inventories to be made
(iv) Generally to make such arrangements for their safe custody repair and use as having regard to the circumstances my Trustees may from time to time think expedient
(v) To sell the chattels or any of them and
(vi) To treat any money received as the result of any insurance in so far as not used in reinstating replacing or repairing any chattel lost or damaged as if it were the proceeds of sale of the chattel insured

(e) POWER in the case of any of the chattels of which a person of full age and capacity is entitled to the use but when such person’s interest is less than an absolute one

(i) To cause an inventory of such chattels to be made in duplicate with a view to one part being signed by the beneficiary for retention by my Trustees and the other part to be kept by the beneficiary and to cause any such inventory to be revised as occasion shall require and the parts thereof altered accordingly
(ii) To require the beneficiary to arrange at his or her expense for the safe custody repair and insurance of such chattels in such manner as my Trustees think expedient and (where it is not practicable so to require the beneficiary) to make such arrangements as are referred to under paragraph (iv) of sub-clause (d) of this Clause

PROVIDED THAT my Trustees shall also have power to meet any expenses which they may incur in the exercise of any of their powers in respect of chattels out of the capital and income of my estate or such one or more of any different parts and the income thereof as they shall in their absolute discretion determine AND I FURTHER DECLARE that my Trustees shall not be obliged to make or cause to be made any inventories of any such chattels that may be held and shall not be liable for any loss injury or damage that may happen to any such chattels from any cause whatsoever or any failure on the part of anyone to effect or maintain any insurance

IN WITNESS whereof I have hereunto set my hand the day and year first above written

SIGNED by HER ROYAL HIGHNESS )
in our joint presence and )
then by us in her presence )

I DIANA PRINCESS OF WALES of Kensington Palace London W8 DECLARE this to be a First Codicil to my Will which is dated the first day of June One thousand nine hundred and ninety three

1. My Will shall be construed and take effect as if in clause 1 the name and address of Commander Patrick Desmond Christian Jermy Jephson were omitted and replaced by the following:

my sister Elizabeth Sarah Lavinia McCorquodale (known as The Lady Sarah McCorquodale) of Stoke Rochford Grantham Lincolnshire NG33 5EB

2. In all other respects I confirm my said Will.

IN WITNESS whereof I have hereunto set my hand this First day of February One thousand nine hundred and ninety six

SIGNED by HER ROYAL HIGHNESS )
in our joint presence and then )
by us in her presence )

This Will is reproduced here for information only. Please do not use this as a sample Will.

Reproduced Will of Warren Burger, former Chief Justice of the Supreme Court

---

LAST WILL AND TESTAMENT OF WARREN E. BURGER I hereby make and declare the following to be my last will and testament.1. My executors will first pay all claims against my estate;2. The remainder of my estate will be distributed as follows: one- third to my daughter, Margaret Elizabeth Burger Rose and two- thirds to my son, Wade A. Burger;3. I designate and appoint as executors of this will, Wade A. Burger and J. Michael Luttig.

IN WITNESS WHEREOF, I have hereunto set my hand to this my Last Will and Testament this 9th day of June, 1994.

/s/Warren E. Burger

We hereby certify that in our presence on the date written above WARREN E. BURGER signed the foregoing instrument and declared it to be his Last Will and Testament and that at this request in his presence and in the presence of each other we have signed our names below as witnesses.

/s/Nathaniel E. Brady residing at 120 F St., NW, Washington, DC

/s/Alice M. Khu residing at 3041 Meeting St., Falls Church, VA

Comments:

This Will is way too short. Many important items were left out. Warren Burger failed to make provisions for estate taxes. He also did not include a grant of powers for his executors, giving certain powers for his executors. This mistake alone cost his estate thousands in fees.

If you did not notice, Warren Burger is the former Chief Justice of the Supreme Court in the US. Just goes to show being in the legal profession does not automatically guarantee that you’ll write a proper Will.

This Will is reproduced here for information only. Please do not use this as a sample Will.

Princess Diana, known for her beauty, fame and work against land mines, died on August 31, 1997. leaving behind an estate worth 21.5 million pound (about RM 150 million). In her Will, Princes Diana left most of her fortune to her sons, Prince William and Prince Harry. To ensure the money is not misused, their inheritance will be held in trust for them until they reach the age of 30. She also left 50,000 pounds to her former butler, Paul Burrell, and set aside personal momenta for her 17 godchildren.Princes Diana had probably given much thought about who she wants to benefit and had her Will properly written.

Compared to another well known person. Warren Burger, the former Chief Justice of the Supreme Court, left behind a self-written, 176-word Will. He gave his entire estate to his two children, but he failed to give any power to his executors and made no provisions for estate taxes! These oversights will cost the estate thousands of dollars!

Do I need a lawyer to draft a Will?
No, anyone can write their Will as long as all the requirements like dates, declaration, signature and others is there. It is best to have a professional write your Will since errors can be expensive and you are no longer around to explains your actual intentions. See famous examples of Wills done correctly and incorrectly.

Do I need to stamp the Will?
No. A Will is only stamped when the person passes away, when the Will is proved at court

Should I write my own Will?
Although you can write your own Will, this is not recommended. Read why

How often should I review my Will?
Just like a medical check-up, you may consider reviewing your Will once a year. Look through to see if there is any major changes in your life

When should I re-write my Will?
When significant changes in your life. For example, when you have more children, when you acquire new assets or taken new loans, when your beneficiary pass away, if your executor has moved. Also you should re-write your Will in the event your guardian if no longer able to take care of your children

Can I amend my Will without writing a new Will?
For minor amendment like a typing error for example, you can amend your Will and sign beside the changes in the presence of the same witnesses. Your witnesses will also be required to sign beside the alteration in order for it to be effective. For major changes, it is better to re-write the whole Will

I will be getting married in a few months’ time. I understand my marriage will revoke it. Should I write my Will later?
You can write a Will now, and put a ‘contemplation of marriage’ clause. Then your Will will not be revoked. The name of the person whom you are marrying must also be stated in the Will. Read effects of marriage on your Will

What happens after divorce occurs?
Divorce does not revoke a Will. Therefore, if you have divorced or separated, you should rewrite your Will

What happens to assets in other countries?
Movable assets will follow your Will while immovable assets will follow the law of that particular country

What age will my children inherit my property?
Legally, a person is capable of holding property upon attaining the age of 18. If you want your children to inherit property at a later age, then it must be stated in your Will, the age which they should inherit it

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If you are new to Wills or not exposed to legal terms, you might be confused of the different legal jargon used for Will writing. Here are simple explanations to help the laymen understand them. Read the definitions here and you will be able to understand these terms when preparing your Will.

Administrators - Those appointed to administer an estate where there is no Will or no Executor. A general term for both executors or administrators is personal representative.

Beneficiary - An individual or organisation names in the Will, who benefits from your Will

Codicil - A document making minor changes to your Will. It must be signed and witnessed in the same way as your Will

Estate - Everything that belongs to you, and owed to you, at the time of your death

Executor (female executrix) - someone who will carry out the instructions in your Will. Their duties include getting the grant of probate, collection of assets, calculate and pay income tax, debts and finally to distribute your assets according to your Will. The executor holds legal title to your assets during the probate process

Guardian - people you nominate to take care of any minor children, in case both you or your spouse die at the same time

Letters of Administration with Will Annexed - where there is a Will, but where the executors appointed has either passed away, is unwilling or unable to act, or no executor was named at all, then letters of administration with Will annexed must be obtained. The procedure is very similar to obtaining letters of administration.

Intestacy - a person who dies without making a valid Will is said to die intestate

Testator - the person making the Will.

Trustee - a person or entity who holds property on behalf of others, usually for the beneficiaries

Will - a document that simply states your last instructions. Sometimes also called Will and Testament

That’s basically all the definitions you’ll need when writing a will.

Here is a typical case. Let’s say Mr. Wong, has a wife, 3 children, a 70 year old father and 5 siblings. In the event Mr. Wong pass away without a Will, his estate will be distributed according to the Distribution Act 1958 (amended 1997).

Under this Act, Mr. Wong’s wife and his father (assume his age 70) will each receive 25% of the estate, and his children will inherit 50% of the estate.

Later when Mr. Wong’s father passes on, the 25% of the estate will be distributed among the siblings of Mr. Wong. This means that the estate will be divided between 9 family members. As you can see, this may result in your nephews and nieces sharing part of your estate with your children!

If you do not want your brothers and sisters (or nieces and nephews) to share your estate with your spouse and children, then have a Will written.