It is often said you should hope for the best and plan for the worst. Having an up-to-date will is the first step in ensuring your assets and property are accounted for and will be distributed in accordance to your wishes. Will Writing in Malaysia is becoming more popular as the Malaysian public become aware of its importance to their family. Many people don’t realise the problems their family have to go through if they die without leaving a Will.

If you die without a will (Intestate):-

• Your assets will be distributed according to the formulas set out in the Distribution Act 1958, and not according to your wishes or the needs of your family members;
• The court will appoint a trustee and executor to administer your estate, and this may give rise to disputes between family members or beneficiaries on who should be appointed;
• The court will appoint a guardian for your minor children, and the person appointed may not be your preference;
• The distribution process will take longer and cost more, ordinarily requiring a bond and the appointment of 2 sureties to guarantee the proper administration of the estate, as well as further court orders to effect the transfer of real property.

Section 6 of the Distribution Act 1958 sets out various scenarios for intestacy and provides a fixed formula for the distribution of the person’s assets. The following are some examples: