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WILL AND TRUST

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Trusting the power of the will


A will is a document that states your instructions on how your assets are to be distributed upon your death. It can be in any written language.

Just as you need to pay for expenses related to house purchase, for example the Sales and Purchase Agreement, valuation fees and so on, expenses are also incurred to execute a will.
Therefore, even though you have named your beneficiaries in the will, they still need to pay for the execution expenses. Can they afford it? Do they have the resources to pay for it? These are some hurdles your family faces before the assets can be transferred to them.

With a carefully plan funded will, expenses associated with will execution can be met. We will help you estimate how much the execution expenses required and you decide how much coverage you need to plan for this future expense.

The ING selected agent has it tailored to provide for this need.

The ING Funded Will is a package of services, comprising My Legacy which provides the will writing services, Perpetual Trustee Berhad or Amanah Raya Berhad.

You can also add in allocation of funds for:

• Stamp duty and legal fees for transfer of properties
• Monthly living expenses for your family or parents, children school fees, utility bills, installment of loans, etc
• Funeral expenses, guardian allowance, settling off any mortgages and loans


Your family will receive all your assets net instead of having to deduct any expenses, mortgages or loans taken.

Gone Too Soon

Let your family enjoy:


• Hassle-free will execution process
• Peace of mind
• No worries on will execution expenses
• 100% of your assets

Why do you need a will?
• You have control over the distribution of your assets.
• You get to appoint an executor of your choice to
   administer your estate.

• If you have minor children, you have your say as to
  who could be your children guardians.

• No sureties or surety bonds are required when
  applying for a Grant of Probate.

• The probate process is normally faster than the
   process required for letter of administration (in the
   absence of a will).

• The legal fee for probate is normally cheaper than the    
    legal fees for letter of administration. 
• You decide who your beneficiaries will be and when   
 
they can receive your assets and in what proportion.

• Less traumatic for your loved ones as it will exclude
    others from claiming your assets and delaying the
    process of distribution.



Criteria for a valid will:
• The will must be signed by the testator (the person who writes the will) in front of two witnesses.
• The testator must be above age 18 and of sound mind.
• The will must be in written form but need not be stamped. It is not advisable to write your own will unless you have the knowledge and experience to do so. Without sufficient knowledge to write a will, you may miss out important requirements
that may render the will invalid. The cost spent on a professional will writer is well worth it.



What happens if you die without a will?
• If your assets are valued at more than RM600,000, your family will be required to obtain two persons as guarantors.
  These persons must have personal assets of the same value or more than yours at the time of your death.

• If your assets are less than RM600,000 your family will need to put up a surety bond, whereby the amount shall be decided by a judge.
• Your assets will be distributed according to the Distribution Act 1958, which may not align with your own intention.
• Your family will have to decide and agree upon who will be the executor(s) or guardian(s) for your children


Distribution Act 1958 (Amended in 1997)

 Loved Ones Left Behind Who Are They
 What They Get
Spouse + Children + Parent(s)

Spouse
Children
Parent(s)
1/4
2/4 in equal shares
1/4 in equal shares
 Spouse + Children, no parent Spouse
Children
1/3
2/3 in equal shares
 Spouse + Parent(s), no children

Spouse
Parent(s)
1/2
1/2 in equal shares
 Children + Parent(s), no spouse

Children
Parent(s)
2/3 in equal shares
1/3 in equal shares
 Parent(s) onlyParent(s) Whole estate in equal shares
Spouse only Spouse
Spouse Whole estate
Children only
 Children
Whole estate in equal shares

(Amanah Raya) PUBLIC TRUSTEES



 
 
 News
Syed Kechik’s children fail to reach settlement on RM400mil estate
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Example of Estate Tussle from a prominent figure.  Jun 28, 2010 10:10 PM simon poon
Update: Syed Kechik's estate tussle
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  Jan 24, 2011 11:31 AM simon poon