Salient Points Or Key Notes on Writing A Will

Some of us prefer to write our own wills instead of forwarding to the professional will writers.

If you are one of those who prefers to write his or her will,then the expert advice on salient points writing a will needs to be noted:

• Understand that,you need to be 18 years old and above( west coast of Malaysia or Sarawak) or at least 21 years old (living in Sabah) of age to write a valid will
• Without saying,you need to be of sound mind when writing the will ie you need to know what you are doing and must not be influenced when writing a will
• You must be ready with a listing of what you have(Roll Royce,bungalow,diamond,etc) and don’t forget your listing of borrowing to banks,friends,relatives
• Also have ready your list of beneficiaries where you detailed who should receive what. Ensure that all eventualities are dealt with and that all beneficiaries and the nature of the gift to them is clearly identified
• Name an executor and an alternative executor
• Check the names of all relevant persons correctly whether its the executors and beneficiaries
• Have the will documented on a clean sheet of paper. Any handwritten will needs to be legible and clear to avoid future problems ( PS:a will can be either hand written or typed and can be in any common language. Unless it is a privileged Will made by airm forces during warfare,it cannot be recorded vidoe or audio in nature)
• Insert a revocation clause re:state specifically that all previous wills are revoked
• Insert a residual clause re:any remaining parts of the estate not left to any person can be distributed under the Intestacy Law
• Consider things like legacies when you should specifically state to bequeath to specific person re:”I give to my son(name) my Club membership(name)…to my daughter(name) my car(specify if you have more than one)
• Be sure to date your will
• Sign or thumbprint your will at the foot or end of the will in the presence of at least two witnesses who must then both sign their names,and write their addresses and occupations/positions at the same time.( The testator need not sign the will in front of the Commissioner of Oath). Note that your witnesses need not know the content of the will. They are merely witnessing that the testator is of sound mind and voluntarily signing the will (not by force or under duress). Neither the witness nor the spouse of the witness should benefit from the said will.

[ see article on what's a will and benefits of having a will and a will is revoked ]

• How Or When Can A Will Be Revoked?
• Creation Of A Will As Part Of Wise Financial Planning