Home What is a Will
What is a Will?
Introduction PDF Print E-mail

Estate Planning is all about planning the assets and liabilities of a deceased person. It is a planning for a person for the properties owned and family members when he/she is no longer around.

During the old days, lawyer is the only way a person can deal with his Estate Planing. He/she needs to visits lawyer during normal working hours (which is often quite a hassle) and normally it takes few times of visits to get a Will written.

Ironwills is established to make Will Writing processes to be more convenient, affordable and hassle free. Professional Estate Planner has been acknowledged as a medium in Will Writing for people beyond working hours and home/office visits at client’s convenience.

Ironwills is professionally trained and specialize in Will Writing services (inclusive of safe-keeping the Will and Executing the Will).  The Wills written by Ironswills will be drafted and double-checked by our Associate Counterpart (leading Trust Corporation in Malaysia), which own one of the largest in-house legal departments in Malaysia.

Ironwills would like to serve you the best by visiting you at no charge at all to provide Will Writing services or advices.

Call 017 3656688 for more details

Email This e-mail address is being protected from spambots. You need JavaScript enabled to view it for any inquiries

(All emails will be directly to our Managing Director)

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What Happens When You Don’t Have A Will? PDF Print E-mail

If you die without leaving a Valid Will, you deemed as Died Intestate.
Your hard earned wealth would be distributed according to the Rules of Intestacy - Distribution Act 1958 (amended in 1997) for West Malaysia and Sarawak while  Intestate Succession Ordinance 1968 is for Sabah.
This distribution method and proportion is not be in accordance with your wishes.
Longer time for the legal process.
Tedious and costly.
Problem associated with choosing an Administrator.
Legal requirement of 2 sureties (guarantors).
If there are minors, Administrative Bond must be provided by 2 sureties (guarantors).
Court will appoint guardian for minors’ estates until they reach the age of 18 years old. Court approval is required every time to withdraw the money for the purposes of maintenance, education and health fare of the children.
The sureties must have net worth at least equal to the value of your estate.


If you have assets less than or equal to RM600, 000 your assets will be distributed

  • Movables assets only - Amanah Rakyat Berhad without the need for sureties or guarantors.
  • Immovable assets - District Land Administrator under Small Estate (Distribution) Act 1955 and no sureties or guarantors are required.

If your assets over RM600, 000, application need to be done at the High Court for Letters of Administration (LA).
No protection is made for your family members during common disasters. Litigation process can be avoided if there is a Will to protect the beneficiaries in the event of common disaster.

 
Different Process Between Testacy and Intestacy PDF Print E-mail

Testacy (With a Valid Will)

  • Executor apply for Grant of Probate in High Court
  • Executor obtained Grant of Probate within 1 year from High Court 
  • Executor distributes assets according to Will

Intestacy (Without a Valid Will) 

  • Assets frozen upon demised
  • All family members consent to appoint the same Administrator(s)
  • (Section 30, Probate and Administration Act 1959, any person ‘interested in the estate of the deceased person or in the proceeds of sale thereof’ is entitled to be the administrator – It means even your creditor can applies to be your administrator! What a disaster! 
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How Your Estate is distributed under Distribution Act 1958 (Died intestate) PDF Print E-mail

DISTRIBUTION OF ESTATE UPON INTESTACY

WEST MALAYSIA AND SARAWAK

Distribution (Amendment) Act, 1997, Malaysia

Section 6 (Amended in August 31, 1997)

 

Surviving Family Members

Who is Entitled

Entitlement

Spouse Only

Spouse

100%

Issue Only

Issue

100%

Parent(s) Only

Parent(s)

100%

Spouse and Issue

Spouse

Issue

1/3

2/3

Parent(s) and Issue

Parents

Issue

1/3

2/3

Spouse, Issue and Parent(s)

Spouse

Issue

Parents

¼

½

1/4

Spouse and Parent(s)

Spouse

Parents

½

½

 

Distribution Act 1958 applies only for West Malaysia and Sarawak. Issue means children and descendants of children Parent(s) - natural mother or father of a child / lawful mother or father of a child (Adoption Act 1952)

 

The following are entitled according to priority if you die without a Will and not leaving behind spouse, issue and parent(s).

  • Brothers and sisters         - In equal shares
  • Grandparent                    - In equal shares
  • Uncles and aunts             - In equal shares
  • Great grandparents          - In equal shares
  • Great uncles and aunts    - In equal shares
  • Government                    - Whole Estate
 
Why Your Will is so Important? PDF Print E-mail

When you die and left behind a Will, you are died testate.

The executor named in the Will shall apply to High Court for Grant of Probate.

  • In the Will, you decide whom, how and when to give.

  • To ensure the future of your family members is protected

  • Minimize the red tape delays

  • Right to appoint entrusted Executor to manage and distribute your assets

  • Right to appoint guardian to your minor children who will look after their welfare

  • Right to appoint Trustee and creating a Testamentary Trust

  • Faster distribution of Estate

  • Administration Bond is not required (no guarantor).

 
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