Will Writing

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A Will is a deed of disposition of property instructing the Executor/Administrator to fully carry out the testator’s wishes after his/her death. It also includes strategies for estate planning and management.

There are 2 types of Wills:

  1. Muslim Wills:
    1. A Testator can bequeath property to a non beneficiary who is not entitled to anything under Faraid Law. Only 1/3 of the unadministered assets after deduction of liabilities may thus be bequeathed. The remaining 2/3 of the Testator’s property shall remain the lawful share of the beneficiaries under Faraid Law.
    2. A Testator however may bequeath more than 1/3 of his/her property provided the beneficiaries agree to such a bequest after the testator’s death.
  2. Non Muslim Wills:
    1. In the case of non-Muslims, the assets may be bequeathed to any person the Testator chooses.
    2. In the absence of a Will, the assets will be distributed according to the Distribution Act 1958.

Benefits & Features
  1. Writing a will is especially important if you have children or other family who depend on you financially, or if you want to leave something to people outside your immediate family.
  2. Having a valid will avoids uncertainty by ensuring that your wishes will be reflected and executed under a legally binding document.
  3. Appointing an Executor/Administrator vide a Will helps ease the administration of your estate upon your death and avoid disputes between your beneficiaries.
  4. The contents of your Will and proclamation of assets will be treated with utmost confidentiality.
  5. Your Will, will be kept in custody by the ARB at NO extra charge.