Why you need to make a Will
Writing a Will is important.
Most people who have a Will know and understand that unless they make a Will their wishes as to who would benefit from their estate will not be known.
Many people wrongly believe that they can only make a valid Will with a lawyer. This and a lack of knowledge of the consequence of dying intestate (ie dying without a Will) are major reasons why people are not making their Wills.
You may understand the need for a Last Will and Testament but may not understand the urgency or reasons for making a Will as soon as possible. Don’t let a lack of understanding prevent you making your final wishes known.
Please see the section below that applies to your family situation:
1. Married couple with children
If you were to pass away tomorrow without making a Will then you leave no instructions as to who will be guardians for your children.
If you cannot decide today who you want to be the guardian for your infant children and this is stopping you making your Will now just think about the mess if your children lose both their parents without knowing who you would like to have as their guardian.
Would you rather leave it to your family or your in-laws to fight it out between themselves?
Without a Will you leave no instructions as to who you want to manage your children’s inheritance before they reach adulthood. By making a Will you can name the person you want to be the guardians (say your parents) but then name a different person (say your sibling) as the person who manages the children’s inheritance until they are old enough.
Not making your Will means no one knows your views about how you think your kids should be raised if they lose both their parents. Making a Will is the least you could do for your kids.
Writing a Will is as easy as answering a few short questions
2. Married couple with no children
If you were to pass away tomorrow without making a Will then your spouse will receive half of all your properties and assets but the other half goes to your parents.
However, your joint debts that you have with your spouse will all go to your spouse. So if you own a home with a large mortgage it may be that your spouse will be forced to sell the marital home in order to pay half the total value of all your property and assets to your parents.
Writing a Will is as easy as answering a few short questions.
3. Divorced, widowed or single with children
If you were to pass away tomorrow without making a Will then you leave no instructions as to who will be guardians for your children.
Who will manage your children’s inheritance before they reach adulthood?
Without a Will how confident are you that the person who is made administrator of your estate is the best person to manage your children’s inheritance until they reach adulthood?
Writing a Will is as easy as answering a few short questions.
4. Unmarried single with no children
If you were to pass away tomorrow without making a Will then your parents will be left with the task of dealing with your estate at a time when their loss would be probably unbearable.
If you make a Will appointing someone else as your executor you spare them this burden. Writing a Will is as easy as answering a few short questions.
5. De facto and same sex couples
Malaysia does not recognise de facto couples or same sex marriages or unions and if you are in a de facto relationship (even those recognised in your home country) you are deemed under Malaysian law an unmarried single should you pass away in Malaysia. Your estate is then distributed under the Malaysian intestacy law as if you are a single.
Similarly, if you’re in a same sex relationship you are deemed under Malaysian law an unmarried single should you pass away in Malaysia. Even if you are married overseas Malaysia does not recognise same sex marriages. So you will be regarded as unmarried should you pass away in Malaysia.