5 Reasons Why You Need A Lawyer To Write Your Will In Malaysia
It is not necessary to hire a lawyer to write your will in Malaysia, though it is best to engage one and here are 5 reasons why you need a lawyer to write your will in Malaysia.
1. Formalities and Legalities of Wills
For a will to be valid, it must satisfy three requirements as to the age, testamentary capacity and formalities for the execution of a will. For example, every will must be in writing and attested by 2 or more witnesses in the presence of the testator. Further, in the event a witness or his/her spouse benefits under the will, the gifts to that attesting witness or his/her spouse shall be void, though the will is still legally valid. In view of the possible complexity and requirement on attention to formalities and legislation, it is always best to engage lawyer with knowledge and familiar with the law to draft your will. Additionally, a probate/estate planning lawyer is in a better position to explain
the contents of your will, to advise on taxability of your assets and to ensure that your will adheres to the applicable laws and regulations.
2. Rewriting services
A properly drafted and executed will is valid until it is replaced by a new will or it is destroyed intentionally. Also, marriage and conversion to Islamic faith will automatically revoke the will. In addition, there are a few other circumstances where you may consider rewriting your will, such as divorce, birth of a child, death of family member who is an intended beneficiary in your will and substantial change on the size of your assets. Some of the lawyers do offer cheaper rewriting services. Moreover, the same lawyer is in a better position to address the potential issues that may arise and rewrite as well as “tailor-make” your will based on your current family situation.
A lost will is as good as having no will at all. Hence, a will is required to be kept securely and carefully but easily located when it is needed. One of the advantages of keeping your will with a lawyer is that it can be easily located. The people interested, such as your executor, will know where to find your will upon your death. Besides that, keeping your will at a lawyer’s custody will preserve confidentiality as well as prevent it from being tampered with.
4. Application for the grant of probate
The same lawyer who drafted and/or kept the will is often retained by the executor to apply for the grant of probate. It will save your next-of-kin the hassle of having to find and hire a lawyer for such application upon your death.
5. Appoint your lawyer as your executor
Last but not least, a probate/estate planning lawyer can also be appointed as your executor or substitute executor. Estate administration work is complex and it requires detailed knowledge of law, banking, accounting and tax-related matters. It is a time-consuming and challenging task for those individuals without the necessary knowledge and experience. Therefore, it is wiser to appoint a probate/estate planning lawyer instead of your spouse as your executor to ensure smooth and speedy estate distribution.
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