When someone brings up the issue about writing a will, which is a document specifying where your assets will go after you pass away, may people react in shock or disgust, especially those who are very conservative and traditional. They believe that any mention of will-writing is akin to wishing ill on yourself or on another person.

However, this view is not only erroneous, it will cause a lot of problems for your loved ones. Yes, it is true that leaving a will makes things easier for those alive. On the other hand, if you die without a will, your loved ones will be caught in a quandary as the process of transferring your assets can take up to 10 years longer.

Here are some of the basic terms and information that can help you make a will:

1) When you die with a will, you’re known as dying ‘testate’ whereas dying without a will is known as dying ‘intestate’.

2) A ‘testator’ is someone who writes down your will for you. Usually this is a professional will-writer or a lawyer.

3) Wills can be written by yourself informally or written by a lawyer/will writer. However, it is strongly advised that you write your will with the help of a professional and keep a copy with your lawyer.

4) What are the things you must specify in your will?

• Name and I.C. number of the ‘executor’, which is the person who will carry out your will.
• Name(s) and I.C. number(s) of your ‘inheritors’, which are the people who will own your belongings and assets after your death. You should also specify the portions of asset they are inheriting.
• Name and I.C. number of your ‘trustee’, who is the person that will hold on to your asset and distribute them to your inheritors when the time comes. Usually this happens when your inheritors are not eligible or not of age yet. Anyone above the age of 21 can be a trustee. However, some people appoint a trust company to carry out this duty.
• Name of the people who will take care of your young children in the event that both you and your spouse are doth dead. These people are known as ‘guardians’.
• Any donations to charities, learning institutions and other organizations are known as ‘Special bequests’.
• Any special funeral arrangements and last words to your loved ones.

5) If you leave a will for your family members, the legal process is simple and they have to apply for a ‘Grant of Probate’ through a lawyer. This document will allow name changes on assets and such.

6) Is you die without a will, your family will have to apply for a ‘Letter of Administration’ from the courts. This process is usually longer and more tedious than getting a Grant of probate. After that, your family will have to locate all your assets and value them. If you have debts amounting to more than RM 50,000 then two guarantors or sureties to secure your administration bond. After that the courts will distribute your assets according to the Malaysian Distribution Act of 1958.

7) If you are writing your own will, you need to be above 18 years old, and be of sound mind. You also need two witnesses who are above 18 years and cannot be one of the beneficieries.

8) Even if you die with a will, your debts have to be settled first. Meaning that the executor must sell whatever you owned to pay your debts before distributing the remainder to your inheritors. In the case where your assets are not sufficient to settle your debts, your assets are considered ‘insolvent’, or in effect, frozen and your inheritors will get nothing.