What is a Will?
A Will is a document, considered as a legal declaration of the intention of a Testator about the distribution / disposal of his possessions / assets / properties etc. after his death. The Will would specifically have details of all considerations that the Testator has in mind, to carry out his wish in this regard, after his death.
Who can write a Will?
A person who has assets and desire those assets to be inherited by certain
• specific persons, can write a will; He / She should be a Major i.e. 18 years of age or more;
• Should have a sound disposing mind;
• & Should not otherwise be debarred from making a Will by any competent authority.
Why should anyone write a Will?
A Will is the best way for you to ensure the distribution of your assets to the beneficiaries, whom you desire the assets to be given, including the extent thereof.
It is not about the value of assets you have, it is to ensure that your assets are passed on to your next generation / beneficiaries hassle free. A Will can also be used to appoint a guardian to look after children until they attain maturity or age of 18 years. In case the child / children is / are mentally unstable, the guardian needs to be appointed even if the child / children is / are above 18 years of age.
A Will also allow you to choose a person to manage the distribution of your assets. This person is called the Executor.
A Will eliminates / reduces the intervention of judicial process / third party intervention for the distribution of the assets upon the demise of the Testator.
Who can be included as beneficiaries to the Will?
All the Testator’s loved ones who may include the Testator’s spouse, children, step-children, parents, grandparents, grandchildren, friends, relatives and / or any institution like School/s, Temple/s, Community Trust/s, Charitable Trust/s, etc. to whom the Testator wishes to pass on any benefit can be included as the beneficiaries in the Will document.

Literally everyone
There are a few assets which are jointly held by me and my spouse. What should I do in that case?
Only to the extent of your share in the joint holding of the assets with any other person can be distributed by you in your Will.
What assets can be covered under the Will?
All movable as well as immovable assets including Real Estate, Fixed Deposits, Money in Bank Account(s) Securities, Bonds, proceedings of Insurance Policies, Retirement benefits, Art, precious metals (Gold, Silver etc.), Brands, Goodwill, digital assets (photographs, sketches, blogs, websites, email accounts such as gmail, yahoo etc. and with social websites such as Facebook, Twitter etc.) and Intellectual Property Rights etc. including what they are and the method and manner of their storage, can be covered under the Will. In short, any assets that the Testator has in his ownership, at the time of his death can be included and distributed as per the desire of the person
Who can be a witness to the Will?
Witness to the Will can be anyone who is / are above 18 years of age and of sound mind and capable to enter into a Contract. It is recommended that the beneficiary/ies should not be the witness to the Will.
How many witnesses are required?
There should be minimum 2 witnesses to the Will.
On what grounds can my will be challenged?
A will may be contested on the grounds that the contents have been altered, that your signature is forged, or that the execution was not properly witnessed. It may also be alleged that you were of unsound mind or under undue influence at the time you made your will.

Ambiguity or important omissions in your will encourages dispute. If your intention is to exclude your spouse or any one of your children from your will, it is advisable to do so expressly. Giving a justifiable reason for the exclusion will reduce the chances of a successful contest.

If you are making your will under circumstances where the soundness of your mind may later be called into question, it is advisable to have your doctor examine you and certify that you still of sound mind. If there is a challenge, your doctor may be required to testify accordingly.
Who can be appointed as an Executor to a Will?
Anyone who is / are above 18 years of age and of sound mind and capable to enter into a Contract, can be appointed as an Executor/s to the Will. One can appoint multiple Executors, one as a primary executor and others as alternate executors.
Eternal Assets Management Sdn. Bhd.
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+60 18.380 1719
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