+ All Categories
Home > Documents > To Will or Not to Will

To Will or Not to Will

Date post: 03-Apr-2018
Category:
Upload: padmini-subramaniam
View: 262 times
Download: 1 times
Share this document with a friend

of 44

Transcript
  • 7/28/2019 To Will or Not to Will

    1/44

    SolidRock Xpress

  • 7/28/2019 To Will or Not to Will

    2/44

    SolidRock Xpress

  • 7/28/2019 To Will or Not to Will

    3/44

    3

    Presents

    SolidRock Xpress

    Establised since 1995

  • 7/28/2019 To Will or Not to Will

    4/44

    PART I : Affordable Professional Will-writingFees Structure

    TYPE OF WILLS Max. no. of clauses WILL-WRITING FEE

    10Basic

  • 7/28/2019 To Will or Not to Will

    5/44

    3433

    30

    27

    24

    21

    18

    14

  • 7/28/2019 To Will or Not to Will

    6/44

    1958(1997)Applicable for Non-Muslim Only: Distribution Act 1958 (amended in 1997)

    INTESTATE LEAVING SURVIVING

    Spouse

    Parent(s)Child(ren) only [No Spouse/Parent(s)]

    /

    Child(ren)Whole Estate

    ENTITLEMENTSpouse only [No Parent(s) / Child(ren)]

    /

    Spouse + Parent(s) [No Child(ren)]

    +

    Spouse onlyWhole estate

    Parent(s) only [No Spouse / Child(ren)]

    /

    Parent(s)Whole Estate

    Spouse + Child(ren) [No Parent(s)]

    +

    Spouse1/3

    Chid(ren)2/3

    Parent(s) + Child(ren) [no spouse]

    +

    Parent(s)1/3Child(ren) 2/3

    Spouse + Parent(s) + Child(ren)

    , +

    Spouse1/4

    Parent(s)1/4

    Child(ren)2/4

    SolidRock Xpress

  • 7/28/2019 To Will or Not to Will

    7/44

    25%

    25%

    50%

    1958(1997)()

    *

    * ,

    Effect of Distribution Act 1958 (amended in 1997)

    ALL YOUR ASSETS

    Child(ren)

    Spouse

    Sibling(s)

    When Parent(s) passed on

    without a valid Will Parent(s)

    * Includes children, grandchildren and all other

    lineal descendants.

    SolidRock Xpress

  • 7/28/2019 To Will or Not to Will

    8/44

    Problems Faced by YourLoved Ones When You Do Not

    Write Your Will!

    Generally, need to apply for Letters of Administration

    in the High Court

    To begin applying

    SolidRock Xpress

  • 7/28/2019 To Will or Not to Will

    9/44

    1958

    1997

    )...

    11818 2

    18

    ?

    Choose Administrator fromlawful beneficiaries

    How ? All lawful beneficiaries under Distribution Act1958 (amended in 1997) gives written consent toappoint

    One Administrator, if alllawful beneficiaries are

    18 and above

    Two Administrators, ifthere are lawful

    beneficiaries below 18

    SolidRock Xpress

  • 7/28/2019 To Will or Not to Will

    10/44

    Security shall be equivalent to the grossestate value

    2

    2 Guarantors are required by the High Court toprovide security for the administration of the estate

    SolidRock Xpress

  • 7/28/2019 To Will or Not to Will

    11/44

    SolidRock Services

  • 7/28/2019 To Will or Not to Will

    12/44

    SolidRock Xpress

    Th St O li L t 7 D 30 S 2003 N ti

    http://www.thestar.com.my/http://www.thestar.com.my/news/archives/default.asphttp://www.thestar.com.my/news/archives/default.asp?ppath=/2003/9/30http://www.thestar.com.my/news/archives/default.asp?ppath=/2003/9/30http://www.thestar.com.my/news/archives/default.asp?ppath=/2003/9/30http://www.thestar.com.my/news/archives/default.asp?ppath=/2003/9/30&psect=Nationhttp://www.thestar.com.my/news/archives/default.asp?ppath=/2003/9/30&psect=Nationhttp://www.thestar.com.my/news/archives/default.asp?ppath=/2003/9/30http://www.thestar.com.my/news/archives/default.asp?ppath=/2003/9/30http://www.thestar.com.my/news/archives/default.asp?ppath=/2003/9/30http://www.thestar.com.my/news/archives/default.asphttp://www.thestar.com.my/
  • 7/28/2019 To Will or Not to Will

    13/44

    The Star Online > Last 7 Days > 30Sep, 2003 > Nation

    Tuesday September 30, 2003

    Strangers rush to lay claim to dead lawyers property-Dying intestateBy LAM LI

    KUALA LUMPUR: Strangers have approached the relatives of a 29-year-old bachelor lawyer who died last weekclaiming to be his

    girlfriend, fiancee, mother-in-law or somehow related to him.

    Some people are also said to have managed to get into Foong Wing Kuans bungalow in Taman Pasir Wang, Ipoh, and ransacked his room.However, as far as his relatives are concerned, he did not have any female companion.

    To help resolve the issue, they are trying to contact his mother whom they have lost touch with.Fong was found dead in his bedroom on the night

    of Sept 24 by police after being alerted by his neighbours who reported that a foul smell was emitting from his house.

    He was reported to be wearing a mask connected by a tube attached to a cooking gas tank.

    Foongs uncle Foong Soh Har, 60, said that following his nephews death, things had gone missing from the scene,

    including Wing Kuan's passport, cellphones, gold chain and wallet.Soh Har told a press conference organised by MCA Public Services and Complaints Department head Michael Chong yesterday that his

    nephews room also looked like it had been ransacked.

    He said that a woman claiming to be Wing Kuansfiances mother took away the house keys and some documents

    but was pressured to return them following intervention from the police.Soh Har was furious and sad that someone had suggested to the press that Wing Kuan had committed suicide because he was heartbroken when

    his girlfriend had suggested a break-up.

    My family kept in close contact with him and we know. Even his colleagues, friends and neighbours have no knowledge of him having a

    female companion, he said.

    However, he said that his nephew, who was brought up single-handedly by his father after his parents divorced when he was three, had been

    depressed over his fathers death.

    He said he and other relatives believed that Wing Kuan had also been feeling guilty following his fathers death from a heart attack early thisyear because he could not fulfil his fathers last wish of wanting to see him.

    Soh Har said his nephew, who was the only son, had rushed from Kuala Lumpur to Johor Baru to see his dying father but was late by an hour

    because his car broke down.

    Apart from operating a law firm with a partner in Kuala Lumpur, Wing Kuan was also active in social work through his involvement as Youth

    deputy chairman of the MCA Ampang Jaya branch.

    To put a stop to strangers coming forward to make claims, Soh Har urged Wing Kuans mother, who is believed to have remarried and now lives

    in Penang, to contact him to settle Wing Kuans property as he had not left a will.

    We have lost contact with her for many years but I believe my nephew had got in touch with her early this year.

    We believe some of the property has been put under her name and she is entitled to my nephews wealth, he said.Soh urged the woman, identified only as Chiam, to contact him at 012-253-6921 or call Chong at 03-2161-8044.

    SolidRock Xpress

    http://www.thestar.com.my/http://www.thestar.com.my/news/archives/default.asphttp://www.thestar.com.my/news/archives/default.asp?ppath=/2003/9/30http://www.thestar.com.my/news/archives/default.asp?ppath=/2003/9/30http://www.thestar.com.my/news/archives/default.asp?ppath=/2003/9/30http://www.thestar.com.my/news/archives/default.asp?ppath=/2003/9/30&psect=Nationhttp://www.thestar.com.my/news/archives/default.asp?ppath=/2003/9/30&psect=Nationhttp://www.thestar.com.my/news/archives/default.asp?ppath=/2003/9/30http://www.thestar.com.my/news/archives/default.asp?ppath=/2003/9/30http://www.thestar.com.my/news/archives/default.asp?ppath=/2003/9/30http://www.thestar.com.my/news/archives/default.asphttp://www.thestar.com.my/
  • 7/28/2019 To Will or Not to Will

    14/44

    SolidRock Xpress

    C i i i

  • 7/28/2019 To Will or Not to Will

    15/44

    Can one imagine the distress

    and frustration of living party

    when the money cannot be

    withdrawn for the most

    important purposefuneral.

    SolidRock Xpress

  • 7/28/2019 To Will or Not to Will

    16/44

    It is easy to say you must get an L.A. (Letter Of Administration).

    Getting an L.A. would take years and in the meantime how are

    we to survive? Dontt let this happen to your family.

    SolidRock Xpress

  • 7/28/2019 To Will or Not to Will

    17/44

    NOTE : to classify all joint accounts to the surviving joint Account holders.

    SolidRock Xpress

  • 7/28/2019 To Will or Not to Will

    18/44

    More than 99.52%

    Of eligibleNon-Muslims

    SolidRock Xpress

  • 7/28/2019 To Will or Not to Will

    19/44

    SolidRock Xpress

  • 7/28/2019 To Will or Not to Will

    20/4420

    ()//

    What is a Will? - Todays Solution

    A Will is a declaration made by thetestator in a form prescribed by the lawon matters which he/she wishes to take

    effect upon his/her death.

    SolidRock Xpress

    h it ill

  • 7/28/2019 To Will or Not to Will

    21/4421

    ...WhenYouWriteYourWill

    (2) None of the problems mentionedoccurs and you get to:

    (a) Choose your own Executor(s)

    (b) Choose a guardian for your children

    (c) Prevent contention over who should be

    Administrator

    SolidRock Xpress

  • 7/28/2019 To Will or Not to Will

    22/44

    $$

    22

    Last Will

    and

    Testament

    /

    /

    Complete the Picture, Write Your Will!

    Unit Trust/Shares

    Insurance

    Fixed

    Deposit/

    Savings

    SolidRock Xpress

    h it ill

  • 7/28/2019 To Will or Not to Will

    23/44

    ...

    (1) 1958(1997)

    PART III : When You WriteYour Will

    (1) You choose the way to

    distribute to your loved

    ones, rather than letting theDistribution Act 1958

    (amended in 1997) decide

    SolidRock Xpress

  • 7/28/2019 To Will or Not to Will

    24/44

    ...

    (3)

    WhenYouWriteYourWill

    (3) It cost less in legal fees

    to apply for Grant of

    Probate than Letters of

    Administration

    SolidRock Xpress

  • 7/28/2019 To Will or Not to Will

    25/44

    ,

    It is a quick, simple and affordable

    A Will protects your

    loved ones and yourhard earned assets

    SolidRock Xpress

  • 7/28/2019 To Will or Not to Will

    26/44

    SolidRock Xpress

    NOTE :

    With Rockwills

    2 bar coded id

    Cards will be issued

    For easy retrieval of Will

  • 7/28/2019 To Will or Not to Will

    27/44

    SolidRock Xpress

    Professional Will

  • 7/28/2019 To Will or Not to Will

    28/44

    Personal ID No.:

    Bar Code:

    Name of Testator:

    Professional Will Custody:

    SolidRock Services

    Address where

    your Will is kept:

    Contact No.

    Professional Will

    Custody Fees

    Annual RM 100.00*

    Lifetime RM 1,000.00

    RM 1,000.00RM 100.00*

    SolidRock Services

    *1st

    Year Custody fee included in 1st

    will writing fee

  • 7/28/2019 To Will or Not to Will

    29/44

    Rockwills Unique Features

    2 Personal Identification Cards (for you and your Executors)

    Personal Assets Inventory Booklet (Update financial changes)

    Confidentiality (Upon Presentation of Death Cert)

    Centralized (Custodian: Rockwills Trustee Bhd)

    Annual Reminders

    Will Custody

    IdentificationCard

    Making Your Wishes Come True

    PART IV : ProfessionalWill CustodyServices

    ()

    SolidRock Services

  • 7/28/2019 To Will or Not to Will

    30/44

    SolidRock Services

  • 7/28/2019 To Will or Not to Will

    31/44

    SolidRock Services

    RHB Bank Jln Meru Klang

    Hsbc Bank Bandar Baru

    Klang

    All accounts

    All accounts

    Stanchart Bank PRMM, Klang All accounts Updated: 14/7/2004

  • 7/28/2019 To Will or Not to Will

    32/44

    SolidRock Services

    Double-storey link 56 Jln UntaBerkeley Klang

    Double-storey corner 7 Jln BU7/7 BandarUtama, Petaling Jaya

    Updated: 14/7/2004

    Vacant industrial

    land

    Subang Jaya

    Industrial Park

    Subang Jaya

    Sold

    Principal residence

  • 7/28/2019 To Will or Not to Will

    33/44

    SolidRock Services

    rofessional ill ustody ervices

  • 7/28/2019 To Will or Not to Will

    34/44

    Professional Will Custody Services

    Benefits1) Avoid tampering of your Will

    1) Certain to be found when needed

    1) Subject to controlled access and confidentiality

    1) Safe from fire, flood, loss, burglary, deliberate or

    accidental destruction

    ,SolidRock Services

  • 7/28/2019 To Will or Not to Will

    35/44

    SolidRock Services

  • 7/28/2019 To Will or Not to Will

    36/44

    SolidRock Services

  • 7/28/2019 To Will or Not to Will

    37/44

    SolidRock Services

  • 7/28/2019 To Will or Not to Will

    38/44

    SolidRock Services

  • 7/28/2019 To Will or Not to Will

    39/44

    Thank you for taking the time to understand the Importance Of

    Writing a Will presented by

    Tan Karser c/o SolidRock Services a Professional Will Writer -as featured in the article

    The Star, StarWeekenddated July 12/03

    Do yourself A Favour

    DONT LET TODAYS

    SOLUTIONBE TOMORROWS

    PROBLEM!

    If you failed to plan,

    You planned to fail

  • 7/28/2019 To Will or Not to Will

    40/44

    Rockwills,

    Klang Service Centre,

    SolidRockXpressNo. 17 Lebuh Lang

    BERKELEY 41150 KLANGSELANGOR

    Contact No. 016 323 3509Email: [email protected]

    Your browser does not support script

    mailto:[email protected]:[email protected]
  • 7/28/2019 To Will or Not to Will

    41/44

    L I F E S T Y L E

    Go elsew here

    News Search

    Focus

    Tuesday July 18, 2006

    D.I.Y Will

    ARTICLES OF LAW

    By BHAG SINGH

    INCREASINGLYmore people want to make awill today andthere are companies andindividuals offeringwill writings ervices,though this is ataskthat was earlier thought to be better entrustedto alawyer. Areader who calls himself Chanwho hadmade awill througha will-writing service wouldlike to change the will that was made for himandhe wants to knowwhether he cando it himself.

    Certainly there is nothing that prohibits a person from preparing his own will. It is also not important if asolicitor or a professional will writer is involved.

    What is important is that the person who prepares the will has the expertise to prepare the document.

    Preparing a meaningful will is not a matter of looking at a few examples and then choosing one.In many cases it requires the person(calledt he donor) who is givingawayhis propertythrough awill to be clear as to what he has inmind. Awill enables aperson to direct howhis propertywill be dealt withandwhom it will go to whenhe is no longer alive.The personwho prepares the will must clearlyput in writingt he wishes of the donor.In the case of non-Muslims,t he DistributionAct 1950 provides for howthe propertyis to be distributedincase there is no will.However, for Muslims onlyone-thirdof the estate at most canbe willedaway.The remaining two-thirds must be distributedaccordingto Syariahlaw. A will therefore allows the donor to have his wishes carriedout to the extent that thelawpermi ts. Anexample of apotential problem canbe better appreciatedin the followingexample that involves non-Muslims.The analogywill nevertheless applyto Muslims inrespect of the one-thirdthey are allowedto will away. In manycases aper sonwould want to leave all his propertyto his wife andthenwish that the propertywill go to their childrenequally or anyother proportions desired.Thus he mayin his will leave all the propertyto the wife. In suchevent onhis death the wife will inherit all the property.She thenbecomes the owner.In laws he wouldbe entitledto give away the propertyas she wishes.Of course inmost cases she will do what thehusbandwished, but legallyshe is not boundto do so.She canpre fer some childrento others or evenleave themout completely.So what do youdo? In manycases the husbandand wife maymake cross wills witheachgiving his/her propertyto the other who survives and thenthe property to go to the childrenequallyor in whatever proportiondesired. However, once the husbandor wife dies,the surviving partyis entitled to change his or her will. The lawdoes not impose anyrestrictions onthis because awill is always revocable bythe donor who made it. Where aperson has anabsolute desire to ensurethat the propertyeventually goes to the children,an alternativewouldbe forthepropertyto be heldintrust for the childrenbythe survivingspousewiththespousehavingthe optionto theenjoymentandbenefit of the assets. Inthis case,thebenefits to beenjoyedbythe survivingspouse willhave to bedefinedinclearterms so thattheobjective ofthedonor may be bestachieved.For thispurpose the extent of thebenefit willneedto be definedaswell. What wouldbe the positionintheremote possibilityoftheentirefamily,includingthe children,passingaway?This couldleadto considerable uncertainty. To provide for suchaneventuallythewill couldstatethat thehusbands assets willgo tohissideof the familyandthewifes assets to her side.Or it maybe that ins uchan event the whole estate or part of it couldgo to acharitable body or for specifiedcharitable purposes. Thenthere are situations where either the husbandor the wife maywishto give specifiedamounts to his or her familyafter the persondies. This couldagainbe providedfor in the will specifically. Hence awill is capable of dealingwitha persons assets after his/her deathin considerable detail andagreat degree of certainty. Comingback to the earlier questionas to whether aperson canprepare his ownwill, there is certainlyno reasonwhythis cannot be done.In doingso the matters set out above couldbe takeninto consideration.

    However, the individual should familiarise himself with the intricacies of the subject and not merely copy

    another persons will.At this point it is onlypossible to set out the formalities whichmust be complied with.A will must be inwriting andits execution must be witnessedbyt wo witnesses who together withthe donor must all signinthe presence of eachother.

    Finally it must be pointed out that anyone who wishes to prepare a will himself should read the Wills Act 1959,

    the Distribution Act 1958 and the Inheritance (Family Provision) Act 1971.

    For more information on writing your Will, please call:

    Solid Rock Wills Services

    No. 37A Lebuh Bangau BERKELEY 41150 KlangTel/Fax No. 03 3343 2786 or H/P No. 016 323 3509

    Email: karser7an ahoo.com

  • 7/28/2019 To Will or Not to Will

    42/44

    SolidRock Services

  • 7/28/2019 To Will or Not to Will

    43/44

    (PENDING LETTER OF ADMINISTRATION)

  • 7/28/2019 To Will or Not to Will

    44/44


Recommended