Have you written your WILL?
If yes, from which provider? How much does it cost?
If no, when do you plan to write?
Have you written your WILL?
Have you written your WILL?
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Oct 26 2007, 06:42 PM, updated 19y ago
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#1
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1,997 posts Joined: Jul 2007 From: Kuala Lumpur |
Have you written your WILL?
If yes, from which provider? How much does it cost? If no, when do you plan to write? |
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Oct 26 2007, 06:50 PM
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wait till when i am old first...
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Oct 26 2007, 06:57 PM
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yes, but not taking will writter's service.
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Oct 26 2007, 07:05 PM
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Oct 26 2007, 07:15 PM
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#5
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No not yet.
But an advise, once one is with assets and dependents than it's time to write a will. It never hurts to pen it down. What I last heard, will writing inclusive of getting it chopped and stamped by the commission of oath cost less than RM500. But sorry, I have no contact. |
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Oct 26 2007, 07:16 PM
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Oct 26 2007, 07:16 PM
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QUOTE(dzi921 @ Oct 26 2007, 07:05 PM) http://www.femail.com.au/aussielegal-write...-legal-will.htmcome, i let u read urself , for malaysia proper writting i misplaced my book, so can't give u the proper guide. so long ur will (handwritten also can...) consist of key words stated clearly, it is legal n " executable ". our grandfathers days will writing were not popular , but they do write something down, do they? Added on October 26, 2007, 7:18 pmhttp://www.howtobooks.co.uk/family/wills/how-to-write.asp This post has been edited by yewkhuay: Oct 26 2007, 07:18 PM |
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Oct 26 2007, 08:35 PM
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#8
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992 posts Joined: Aug 2006 From: Bolehland |
Will services is around RM300-500 for a standard will. It is based on clause. The more clause you have, the more you have to pay.
It is not recommended to write yourself a will unless you have a reference as a guide. If you are planning to get a lawyer to write, make sure you get those specialise on will writing. Some lawyers only knows how to do S&P and nothing else. |
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Oct 26 2007, 09:36 PM
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Theres such a thing as a will writer? Can it be done by a lawyer?
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Oct 26 2007, 09:57 PM
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QUOTE(delon85 @ Oct 26 2007, 09:36 PM) Yes. Nowadays fighting with lawyers for business. But then, I'm not comfortable with the way they charge. Some say, depending on clause, more clause, more fee. Some say, depending on the total value of the asset recorded & they derive a percentage out of it as fee. Fine. ARB charges only RM250. |
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Oct 26 2007, 11:25 PM
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992 posts Joined: Aug 2006 From: Bolehland |
Some professional will writer charges more than 20K. Of course, that means your assets are huge and needs to plan properly. It takes around 3 months to plan the will. Lots of work
For people like us, a simple will is good enough. ARB RM250 is very good price. Does that RM250 includes storage of the will? |
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Oct 26 2007, 11:39 PM
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1,756 posts Joined: Nov 2004 From: Kuala Lumpur |
good resources...
now, where to WILL... i am looking for a WILL to get the WILL done!! recommend?? This post has been edited by victorboy: Oct 27 2007, 12:26 AM |
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Oct 27 2007, 12:45 AM
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QUOTE(scorgio @ Oct 26 2007, 07:16 PM) Beside the will writers like Rockwill, OSK Will blablabla...... Trustee company like Amanah Raya, PB Trustee etc also offer will writing services.Or you can also do it at Lawyer's office. QUOTE(victorboy @ Oct 26 2007, 11:39 PM) someone has mentioned.... |
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Oct 27 2007, 01:34 AM
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Someone who has gone and wrote a will said to me Amanah Raya Berhad is a scam. So what she did was divide the stuff directly before she dies, she is still living btw. And if anything happens, transition of assets have already been done prior to that. Says that wills are not really the way to go. its more like changing names before getting into trouble. Well if you are 60+ then maybe you will start writing a will anyway. Don't think you have a lot of assets when you are 20+
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Oct 27 2007, 02:08 AM
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QUOTE(mystvearn @ Oct 27 2007, 01:34 AM) Someone who has gone and wrote a will said to me Amanah Raya Berhad is a scam. So what she did was divide the stuff directly before she dies, she is still living btw. And if anything happens, transition of assets have already been done prior to that. Says that wills are not really the way to go. its more like changing names before getting into trouble. Well if you are 60+ then maybe you will start writing a will anyway. Don't think you have a lot of assets when you are 20+ One can do that, if he/she is confident the beneficiaries wouldn't "change" after receiving the money/property/item etc.Like in Taiwan, they all do this. Perform complete transfer b4 passing away. Cos if not, the tax rate is 50% of the total estate. |
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Oct 27 2007, 02:19 AM
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why write will also so hard one meh?
not write on a A4 paper, get some witnesses, chop mohor, gao dim. good game, end game. next life. anyway, i'll write one if i have some estates or some important stuffs.. when i'm rich.. lol.. This post has been edited by xgen23: Oct 27 2007, 02:21 AM |
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Oct 29 2007, 03:27 PM
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3,217 posts Joined: Dec 2006 From: City of Neko~~Nyaa~ |
write how to divide the debt to our child to pay !!
if u don't have any asset, how u write the will also no people will comment since no thing for they to fight.... if u rich & so so so very rich, then.....u really need proper will writing... |
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Nov 10 2007, 05:39 PM
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in fact i would like to share that AIA does provide WILL writing services....i cant remember how much was the charges coz one of my relative did it thru AIA couple of years ago...wondering if its still available...hmm...
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Nov 11 2007, 01:23 AM
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QUOTE(mystvearn @ Oct 27 2007, 01:34 AM) Someone who has gone and wrote a will said to me Amanah Raya Berhad is a scam. So what she did was divide the stuff directly before she dies, she is still living btw. And if anything happens, transition of assets have already been done prior to that. Says that wills are not really the way to go. its more like changing names before getting into trouble. Well if you are 60+ then maybe you will start writing a will anyway. Don't think you have a lot of assets when you are 20+ yeaps....do that if u r sure u wont suddenly die..cause if u do, your assets will be frozen and it will take a long time be4 anyone gets anything....and not only immediate family members can claim the amount, even your uncle aunty cousins and faraway relatives also can have a claim to it.....so quite the dangerous. |
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Nov 11 2007, 01:54 PM
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QUOTE(mystvearn @ Oct 27 2007, 01:34 AM) Someone who has gone and wrote a will said to me Amanah Raya Berhad is a scam. So what she did was divide the stuff directly before she dies, she is still living btw. And if anything happens, transition of assets have already been done prior to that. Says that wills are not really the way to go. its more like changing names before getting into trouble. Well if you are 60+ then maybe you will start writing a will anyway. Don't think you have a lot of assets when you are 20+ ARB is among the cheapest but not most efficient for wrting will AND getting probate after u mati. Their chareges are fixed. Lawyers? Charges are like squeezing the deceased asstes also not that fast.Dividing assets b4 mati? I have heard stories of children who abandon theirs parents after getting hold of the asstes - not paying for medical bills/leaving parents alone etc. How ever I agree that simple will should be enuf if dun hav a lot of assets but u still need will . If single to make sure govt does'nt get all your money. If married to make sure wife/children/ parents get a portion. I have heard too many sob stories. In laws dun want to giv wife/wife dun want to giv aged parents etc . SO make sure you update your life policies/EPF when u get married/have children. FYI, I even know of a case where an ex gf/fiancee was named as beneficiary - wife was not able to claim on the policy. Policy holder didnot/forgot to change. Until today I dun think that the ex gf knew the guy was dead or even made a claim This post has been edited by penangmee: Nov 13 2007, 11:09 PM |
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Nov 13 2007, 10:09 AM
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hmm... can ask something?
can we put in other people's names (other than immediate family) in a will? coz if we don't have a will, our assets & $$ all automatically will be distributed to our immediate family. but can a will make the difference as in giving our assets/$$ to other ppl? hope you guys un my question. heheheh |
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Nov 13 2007, 02:18 PM
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812 posts Joined: Jan 2003 From: FantasyLand |
QUOTE(lilac_alex @ Nov 13 2007, 10:09 AM) hmm... can ask something? can. ur property ur right!can we put in other people's names (other than immediate family) in a will? coz if we don't have a will, our assets & $$ all automatically will be distributed to our immediate family. but can a will make the difference as in giving our assets/$$ to other ppl? hope you guys un my question. heheheh nothing can stop you. |
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May 6 2008, 03:28 PM
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QUOTE(penangmee @ Nov 11 2007, 01:54 PM) ARB is among the cheapest but not most efficient for wrting will AND getting probate after u mati. Their chareges are fixed. Lawyers? Charges are like squeezing the deceased asstes also not that fast. Charges for ARB now lagi worst. They supposed to be public service. newspaper nst also have a write up. Dividing assets b4 mati? I have heard stories of children who abandon theirs parents after getting hold of the asstes - not paying for medical bills/leaving parents alone etc. How ever I agree that simple will should be enuf if dun hav a lot of assets but u still need will . If single to make sure govt does'nt get all your money. If married to make sure wife/children/ parents get a portion. I have heard too many sob stories. In laws dun want to giv wife/wife dun want to giv aged parents etc . SO make sure you update your life policies/EPF when u get married/have children. FYI, I even know of a case where an ex gf/fiancee was named as beneficiary - wife was not able to claim on the policy. Policy holder didnot/forgot to change. Until today I dun think that the ex gf knew the guy was dead or even made a claim All sorts of sob story since we malaysian like to wait mah. then when we drop dead, cause probelm to wife and kids |
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May 6 2008, 04:01 PM
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May 6 2008, 04:47 PM
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QUOTE(penangmee @ Nov 11 2007, 01:54 PM) ARB is among the cheapest but not most efficient for wrting will AND getting probate after u mati. Their chareges are fixed. Lawyers? Charges are like squeezing the deceased asstes also not that fast. GOOD topic. Was just thinking to post the same topic in my blog. Estate planning (will writing) is the essential part for financial planning.Dividing assets b4 mati? I have heard stories of children who abandon theirs parents after getting hold of the asstes - not paying for medical bills/leaving parents alone etc. How ever I agree that simple will should be enuf if dun hav a lot of assets but u still need will . If single to make sure govt does'nt get all your money. If married to make sure wife/children/ parents get a portion. I have heard too many sob stories. In laws dun want to giv wife/wife dun want to giv aged parents etc . SO make sure you update your life policies/EPF when u get married/have children. FYI, I even know of a case where an ex gf/fiancee was named as beneficiary - wife was not able to claim on the policy. Policy holder didnot/forgot to change. Until today I dun think that the ex gf knew the guy was dead or even made a claim I was talking to my insurance agent and he agrees to draft a will for me for free. Will can be done easily if we keep the content simple. But if you have material amount of assets, it is important that you consult a proper will writer like rock will. Especially EPF. Don't just rely on your nomination. For eg, My husband and i nominate each other as beneficiary. It is fine..but WHAT IF, unfortunately we face a common disaster??? If rely on LA, EPF takes a long years before money is released. |
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May 6 2008, 08:34 PM
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842 posts Joined: Jan 2007 From: GBE |
writing a will is still not quite "open" to fellow malaysian. seems like doing something bad/ bad luck/ bad sign
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May 6 2008, 10:34 PM
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May 6 2008, 11:03 PM
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4,051 posts Joined: Jan 2003 From: 槟城 |
Hi all,
Stupid question to ask here. If I were to leave this world, what will happen to all the moneys in my bank accounts? Will my family members able to get my money Thanks. |
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May 6 2008, 11:17 PM
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QUOTE(Shinichi @ May 6 2008, 11:03 PM) Hi all, 25% to your children; 25% to your parents, 50% to your partner. But it does take a long time to process ...Stupid question to ask here. If I were to leave this world, what will happen to all the moneys in my bank accounts? Will my family members able to get my money Thanks. |
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May 6 2008, 11:20 PM
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QUOTE(penangmee @ Nov 11 2007, 01:54 PM) Dividing assets b4 mati? I have heard stories of children who abandon theirs parents after getting hold of the asstes - not paying for medical bills/leaving parents alone etc. the parents, they should educate their children about family value instead of money money and money...QUOTE(Shinichi @ May 6 2008, 11:03 PM) Stupid question to ask here. If I were to leave this world, what will happen to all the moneys in my bank accounts? Will my family members able to get my money eh i thought it is stupid question lol... well it depends i guess... if any other name related to your account or address... like joint account etc...just realized this topic revived after half year passed... |
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May 6 2008, 11:22 PM
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4,051 posts Joined: Jan 2003 From: 槟城 |
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May 6 2008, 11:40 PM
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May 7 2008, 02:11 AM
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QUOTE(Jean72 @ May 6 2008, 11:40 PM) yes. in that case, i think 50% your parents, and 50% your siblings...if I am not wrong. This I am not sure..... Not entirely true.......They would have to sort it out in court. Here's a writeup on it: http://forum.lowyat.net/index.php?showtopic=662651 |
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May 7 2008, 09:31 AM
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Still a long way to go since I'm still not prepare yet ..
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May 7 2008, 09:32 AM
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992 posts Joined: Aug 2006 From: Bolehland |
QUOTE(Jean72 @ May 6 2008, 11:40 PM) yes. in that case, i think 50% your parents, and 50% your siblings...if I am not wrong. This I am not sure..... 100% goes to parents. Siblings don't get a single sen. Anyway, it is advisable to write a will even if you are young cause life is full of uncertainties. |
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May 7 2008, 09:35 AM
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3,394 posts Joined: Jan 2003 From: Kuala Lumpur |
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May 7 2008, 09:59 AM
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i don think i have lotsa asset to distribute .....
better do charity....... still can do good after death |
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May 7 2008, 10:52 AM
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9,137 posts Joined: Jun 2007 From: Wouldn't be around much, pls PM other mods. |
If you have assets and dependents, than pls write a will.
Even with a will, the process of taking ownership and disperse of assets would take around 1 year. It's a lengthy and painful process. It's even worst if one got no will in hand. |
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May 7 2008, 10:55 AM
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992 posts Joined: Aug 2006 From: Bolehland |
QUOTE(*devilelle* @ May 7 2008, 09:59 AM) i don think i have lotsa asset to distribute ..... When a person dies, all his/her assets will be frozen. You need a grant of probate ( with Will) or Letter of Administration (No Will) to unlock it. Without it, all your assets can't be taken out and distributed to any of your beneficiary. better do charity....... still can do good after death You may think you don't have much assets but surely you have bank account, UT etc. All these will be stuck. |
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May 7 2008, 10:57 AM
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May 7 2008, 11:14 AM
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3,569 posts Joined: Sep 2006 From: Bermuda Triangle |
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May 7 2008, 01:02 PM
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767 posts Joined: Feb 2008 From: Beverly Hills |
QUOTE(cuebiz @ May 7 2008, 10:55 AM) When a person dies, all his/her assets will be frozen. You need a grant of probate ( with Will) or Letter of Administration (No Will) to unlock it. Without it, all your assets can't be taken out and distributed to any of your beneficiary. i know cuz part of my job is preparing will for others...You may think you don't have much assets but surely you have bank account, UT etc. All these will be stuck. but then my bank account usually less than RM10... and those KWSP/insurance, i already assign beneficiary... so i don think i have any assets anymore..... |
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May 7 2008, 03:50 PM
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QUOTE(dr2k3 @ May 7 2008, 11:14 AM) But my mum has her name included in my house and bank account already. Maybe later.QUOTE(*devilelle* @ May 7 2008, 01:02 PM) i know cuz part of my job is preparing will for others... Same here but then my bank account usually less than RM10... and those KWSP/insurance, i already assign beneficiary... so i don think i have any assets anymore..... |
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May 7 2008, 04:53 PM
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3,569 posts Joined: Sep 2006 From: Bermuda Triangle |
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May 7 2008, 11:55 PM
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4,051 posts Joined: Jan 2003 From: 槟城 |
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May 8 2008, 12:08 AM
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QUOTE(*devilelle* @ May 7 2008, 01:02 PM) i know cuz part of my job is preparing will for others... I found it strange that you prepare will for others but not yourself. but then my bank account usually less than RM10... and those KWSP/insurance, i already assign beneficiary... so i don think i have any assets anymore..... Along the years, you will accumulate more assets but may forget to write a will Added on May 8, 2008, 12:14 am QUOTE(Shinichi @ May 7 2008, 11:55 PM) So writing a will makes things faster and easier right? Not much unless you got many things to write. It is based on clause. Normally less than RM1K. Company like ARB sometimes have promotion of RM500 inclusive of the custody.Then do we need to pay for will? How much usually? This post has been edited by cuebiz: May 8 2008, 12:14 AM |
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May 8 2008, 12:23 AM
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May 8 2008, 01:43 AM
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May 8 2008, 07:53 AM
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May 8 2008, 11:13 AM
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QUOTE(cuebiz @ May 8 2008, 12:08 AM) I found it strange that you prepare will for others but not yourself. when i really have assets then i'll get a will cuz its no point you get it when u have nothing but only debts.... this will trouble your family too....Along the years, you will accumulate more assets but may forget to write a will |
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May 8 2008, 01:09 PM
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Not easy process... better leave to professionals. Example :-
http://www.wikihow.com/Write-Your-Own-Last-Will-&-Testament Keeping the will, is another consideration. Some companies provide such service, for a fee. |
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May 8 2008, 04:42 PM
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QUOTE(lil`pumpkinz @ May 8 2008, 07:53 AM) What is there to fix? lil pumpkinzWhy do I often hear others to talk about your shopping issue. Guys, just leave her alone. Afterall, she is spending her money, her very own hard earned money. Having said so, I do encourage saving. Seeing your money /assets growing is very rewarding (or is it just me?) |
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May 8 2008, 08:31 PM
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4,051 posts Joined: Jan 2003 From: 槟城 |
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Mar 5 2010, 09:47 PM
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Anyone of you have any idea about will writing or have made a will. What would be the best way?, go to a lawyer and get it done or....
Please advise as I want to make one just in case something bad happens. |
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Mar 5 2010, 10:10 PM
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QUOTE(gsdev @ Mar 5 2010, 09:47 PM) Anyone of you have any idea about will writing or have made a will. What would be the best way?, go to a lawyer and get it done or.... This thread might be useful, http://www.myklang.com/forum/why-will-writing-t-1941-2.html ,Please advise as I want to make one just in case something bad happens. |
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Mar 5 2010, 10:20 PM
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3,188 posts Joined: Jul 2007 From: A place called "home" |
can actually write it yourself...there are standard formats; you need to get two witnesses to see you sign - but they don't need to know the content
otherwise, can go to Rockwills, OSK wealth planners |
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Mar 5 2010, 11:12 PM
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992 posts Joined: Aug 2006 From: Bolehland |
Not recommended to DIY or lawyer. Better get professional will writer as mentioned by leongal
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Mar 6 2010, 12:13 AM
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QUOTE(cuebiz @ Mar 5 2010, 11:12 PM) Depends on how complicated is your life if simple DIY is just good enuf. |
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Mar 6 2010, 05:17 AM
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There are a lot of personal financial consultants do offer will writing as part of their service also (besides selling insurance and investment links schemes).
Nowadays insurance agent no longer call themselve insurance agents. Instead they are so called "financial consultant" as they provide everything you need regarding hedging your risk and your investments. Do find out more and I believe everyone sure have their friends who are into this business. If you have none you can PM me for more info. |
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Mar 6 2010, 10:08 AM
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QUOTE(penangmee @ Mar 6 2010, 12:13 AM) Depends on how complicated is your life if simple DIY is just good enuf. May i know why getting Rockwill or similar is not good? Care to share? |
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Mar 6 2010, 04:50 PM
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QUOTE(klang-valley @ Mar 6 2010, 10:08 AM) There were 2 articles written by lawyers (a Bar council member and another a lawyer) who basically defended writing a will better done by a lawyer as opposed to a professional will writer. I think Penangmee is convinced by these 2 lawyers hence she advises against it.I feel those articles has some points but overall it's meant to protect their profession rather than to serve the public. |
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Mar 6 2010, 06:31 PM
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Quick question: Can a non-muslim name a muslim (not related in any way, by blood or legally) in his will as the rightful person to inherit some of his assets should he die?
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Mar 6 2010, 08:48 PM
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3,188 posts Joined: Jul 2007 From: A place called "home" |
QUOTE(Aurora Boreali @ Mar 6 2010, 06:31 PM) Quick question: Can a non-muslim name a muslim (not related in any way, by blood or legally) in his will as the rightful person to inherit some of his assets should he die? can, but onli up to 2/3 of the estateAdded on March 6, 2010, 8:49 pm QUOTE(HHalphaomega @ Mar 6 2010, 04:50 PM) There were 2 articles written by lawyers (a Bar council member and another a lawyer) who basically defended writing a will better done by a lawyer as opposed to a professional will writer. I think Penangmee is convinced by these 2 lawyers hence she advises against it. I feel those articles has some points but overall it's meant to protect their profession rather than to serve the public. This post has been edited by leongal: Mar 6 2010, 08:49 PM |
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Mar 6 2010, 09:00 PM
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470 posts Joined: Aug 2006 |
QUOTE(leongal @ Mar 6 2010, 08:48 PM) can, but onli up to 2/3 of the estate Oh... I didn't know there is a limit in the case of a non-muslim testator's distribution of assets to a muslim.I only know that in the case of a muslim testator, a will can only be made in respect of not more than 1/3 of his net estate according the the Islam's Faraid Law of inheritance. This post has been edited by Aurora Boreali: Mar 6 2010, 09:01 PM |
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Mar 6 2010, 10:46 PM
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819 posts Joined: Jan 2003 From: Puchong |
Thanks for all your feedbacks. I did some searching and it looks like it is not so difficult to write out a will but it can be tricky with the wordings.
The one question that is still in my mind is must we have two witness with no relation?. What happens if these witness are not around any more or dont end up helping later on. If we go to a will writing agent or a lawyer the same can happen, they may be not around when we need them? |
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Mar 6 2010, 10:55 PM
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QUOTE(gsdev @ Mar 6 2010, 10:46 PM) Thanks for all your feedbacks. I did some searching and it looks like it is not so difficult to write out a will but it can be tricky with the wordings. From what I've heard from a friend of mine who are working for Rockwills,its not wrong to write a will on your own but of course it have to follow the standard provided as well. For her company,they will provide you lawyers choices up to 5 people,in case that maybe some of them are no longer working or etc.They are professionals,of course they have to make sure that customers' are well covered in all aspects of possibilities.The one question that is still in my mind is must we have two witness with no relation?. What happens if these witness are not around any more or dont end up helping later on. If we go to a will writing agent or a lawyer the same can happen, they may be not around when we need them? |
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Mar 6 2010, 11:08 PM
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3,796 posts Joined: Nov 2008 |
I am one of the will witness to my friend he composed himself from downloaded samples, the assets worth 3 million and he got only one daughter that all the family member is at their 50 - 60, very simple and everything goes to the daughter should anything happen. so no need professionals.
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Mar 6 2010, 11:17 PM
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819 posts Joined: Jan 2003 From: Puchong |
The way I see it without a will if you have dependants like a wife and young children it makes thinks very difficult for them. There is no question that you need a will so they wont have difficult times upto 2-3 years to get a LA or etc. Putting the will into efect also involves the courts and lawyers. It looks like getting it done via a lawyer yields some benifits.
For me very simple, I want all my estate (properties + moneys + car + etc) to go to my wife 100%. My kids are minors (young) and if my wife is not around too then to give all to my 2 kids equaly. If a guardian needs to be apointed for my kids in the event my wife is not around then to state my elder sister. All my estate will go to my kids when they are age 18. I am an average joe, we are not talking millions here or anywhere near it. Added on March 6, 2010, 11:41 pm QUOTE(3dassets @ Mar 6 2010, 11:08 PM) I am one of the will witness to my friend he composed himself from downloaded samples, the assets worth 3 million and he got only one daughter that all the family member is at their 50 - 60, very simple and everything goes to the daughter should anything happen. so no need professionals. I guess it would be simple but it also depends that the daughter is not a minor. In my case I have 2 daughthers which are minors and it can happen that me and my wife could be not around when they still are minors. Then need to apoint a guardian or trustess etc.This post has been edited by gsdev: Mar 6 2010, 11:41 PM |
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Mar 7 2010, 01:17 AM
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9,137 posts Joined: Jun 2007 From: Wouldn't be around much, pls PM other mods. |
Witness is easy to find; but the problem is always with executor.
Executor is the party that helps you "execute" the will when the unfortunate befalls. Thus in will writing, the executor party had to be listed clearly in the will. Also, to prevent conflict of interest; the executor needs to be someone who has the same amount of assets or more as the will owner. Thus it's still more efficient in paying for will services. http://www.mywill.com.my/will_custody.asp http://www.rockwillsonline.com.my http://www.pbebank.com.my/en/en_content/trustee/wasiat.html OSK trustee does will writing, keeping and execution too IIRC |
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Mar 7 2010, 07:36 AM
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Senior Member
992 posts Joined: Aug 2006 From: Bolehland |
QUOTE(gsdev @ Mar 6 2010, 10:46 PM) The one question that is still in my mind is must we have two witness with no relation?. Choose your witness properly. If witnesss can't be located later after attempt such as advertise in newsppaer, the lawyer can apply to court to strike the witness. What happens if these witness are not around any more or dont end up helping later on. If we go to a will writing agent or a lawyer the same can happen, they may be not around when we need them? When the person dies, witness role is to sign the affidavit stating the person has done the will. Some lawyer that are witness knowing that they are not hire by the executor, will deliberately ask for money to sign it Added on March 7, 2010, 7:45 am QUOTE(3dassets @ Mar 6 2010, 11:08 PM) I am one of the will witness to my friend he composed himself from downloaded samples, the assets worth 3 million and he got only one daughter that all the family member is at their 50 - 60, very simple and everything goes to the daughter should anything happen. so no need professionals. 3M is a huge asset. Proper will planning might be needed. Perhaps your friend should think how they going to distribute them if the daughter is to pass away first and also any for their future grandchildren etc..This post has been edited by cuebiz: Mar 7 2010, 07:45 AM |
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Mar 7 2010, 11:56 PM
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37 posts Joined: Jan 2010 |
go to amanah raya berhad..writing a will
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Mar 8 2010, 12:40 PM
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35 posts Joined: Sep 2009 |
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Mar 8 2010, 12:53 PM
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369 posts Joined: Mar 2007 |
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Mar 8 2010, 01:15 PM
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35 posts Joined: Sep 2009 |
QUOTE(HHalphaomega @ Mar 8 2010, 12:53 PM) Last year I apply CC with 1 bank & the agent also offer will's service to me, but i decline. Instead, she says I could reject the service later on. Unfortunately, after 1~2 month I received my CC, I saw they charge the will's service to my CC statement. WTF!Then I wrote a latter to the bank to reject that transaction, complaining to that bank (will's deparment), Amanah Raya Berhad & Bank Negara. A month later I received my money back... ~ I lost my trust to them. How can I trust them from what they do to me even when I still live? |
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Mar 9 2010, 01:21 PM
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171 posts Joined: Apr 2008 |
I think they will bill you due u didnt reject them on the spot. This is how bank do thing. You didn't cancel means u would like to take it. If you don't wan to take it. You will cancel it in the future.
That is y now credit card charging on daily basis no longer on monthly. Because as banker say, you cancel the service later on. Same goes to credit card. You can pay later on, but....charge u daily after due lo... |
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Mar 9 2010, 02:38 PM
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369 posts Joined: Mar 2007 |
QUOTE(junkeat @ Mar 9 2010, 01:21 PM) I think they will bill you due u didnt reject them on the spot. This is how bank do thing. You didn't cancel means u would like to take it. If you don't wan to take it. You will cancel it in the future. I'd say they're making a good use of daily interest factor. That is y now credit card charging on daily basis no longer on monthly. Because as banker say, you cancel the service later on. Same goes to credit card. You can pay later on, but....charge u daily after due lo... |
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Mar 9 2010, 04:12 PM
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Senior Member
1,788 posts Joined: Mar 2009 From: PJ lamansara... :D |
QUOTE(3dassets @ Mar 6 2010, 11:08 PM) I am one of the will witness to my friend he composed himself from downloaded samples, the assets worth 3 million and he got only one daughter that all the family member is at their 50 - 60, very simple and everything goes to the daughter should anything happen. so no need professionals. is a huge asset.. although the distribution looks simple but then who would be the executor in this instant... If you hire a lawyer to execute the will the lawyer has the rights to claim a total of 5% of the entire asset worth as their 'fees' - (correct me if i'm wrong though!).. I would just engage a trustee to take care of the asset, lesser the headaches. |
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Mar 9 2010, 05:31 PM
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9,137 posts Joined: Jun 2007 From: Wouldn't be around much, pls PM other mods. |
QUOTE(numbertwo @ Mar 9 2010, 04:12 PM) is a huge asset.. although the distribution looks simple but then who would be the executor in this instant... If you hire a lawyer to execute the will the lawyer has the rights to claim a total of 5% of the entire asset worth as their 'fees' - (correct me if i'm wrong though!).. I would just engage a trustee to take care of the asset, lesser the headaches. It's the percentage of the "gross" asset IIRC. Not a small sum in this case. |
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Mar 10 2010, 05:42 PM
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369 posts Joined: Mar 2007 |
QUOTE(b00n @ Mar 9 2010, 05:31 PM) I agree to that. Writing a will is one thing but making sure it's water tight is another matter. There's no point to it if it fails to give effect to the deceased original intention of composing it simply because there's a lacuna in interpreting it by the courts. |
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Mar 10 2010, 05:58 PM
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1,121 posts Joined: Oct 2009 From: transiting asteroid |
QUOTE(HHalphaomega @ Mar 10 2010, 05:42 PM) I agree to that. Writing a will is one thing but making sure it's water tight is another matter. There's no point to it if it fails to give effect to the deceased original intention of composing it simply because there's a lacuna in interpreting it by the courts. so how do we settle tis lacuna issue? use rockwills or lawyer or etc better? |
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Mar 10 2010, 06:06 PM
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369 posts Joined: Mar 2007 |
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Mar 10 2010, 06:13 PM
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1,121 posts Joined: Oct 2009 From: transiting asteroid |
QUOTE(HHalphaomega @ Mar 10 2010, 06:06 PM) I wun skimp on it & i stil researching whether to use rockwills, wun go for arb or lawyersbut wat abt uob trustee? any one with real practical experience dealing with rockwill / uob when time to distribute asset This post has been edited by sulifeisgreat: Mar 10 2010, 06:18 PM |
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Mar 10 2010, 11:54 PM
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9,137 posts Joined: Jun 2007 From: Wouldn't be around much, pls PM other mods. |
My family in laws will is with Public trustee. They send updated forms on an annual basis to see whether or not there's any asset updates.
It was free for them as they are Mutual Gold customers. |
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Mar 11 2010, 08:01 AM
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369 posts Joined: Mar 2007 |
QUOTE(b00n @ Mar 10 2010, 11:54 PM) My family in laws will is with Public trustee. They send updated forms on an annual basis to see whether or not there's any asset updates. My will was done with OSK Trustees and a few friends of mine have got it done with either OSK Trustees or Rockwills. Some family members have got it done with their lawyers.It was free for them as they are Mutual Gold customers. |
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Mar 11 2010, 09:28 AM
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1,818 posts Joined: Jan 2005 From: Kuala Lumpur |
How much is the fee for will writing.. any rough guide?
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Mar 11 2010, 09:31 AM
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1,121 posts Joined: Oct 2009 From: transiting asteroid |
thanx for the tips
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Mar 11 2010, 10:58 AM
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992 posts Joined: Aug 2006 From: Bolehland |
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Mar 15 2010, 12:27 PM
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1,788 posts Joined: Mar 2009 From: PJ lamansara... :D |
QUOTE(cuebiz @ Mar 11 2010, 10:58 AM) About RM350 for a start. It charged by clause. Each clause about RM100. The more clause you add, the more you pay. A simple will cost less than RM1K a cheaper alternative would be to go thru Public trustee - PBTSB (if you have public mutual trust agent to contact, he/she can help you on this..). A simple standard Will cost less than RM500 - with free life time Custodyand. And if you are a PBbank platinum card holder or Pbank REd Cardpet customer, you are entitle to 50% discount... |
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Mar 15 2010, 03:47 PM
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1,473 posts Joined: Nov 2005 |
QUOTE(numbertwo @ Mar 15 2010, 12:27 PM) a cheaper alternative would be to go thru Public trustee - PBTSB (if you have public mutual trust agent to contact, he/she can help you on this..). A simple standard Will cost less than RM500 - with free life time Custodyand. And if you are a PBbank platinum card holder or Pbank REd Cardpet customer, you are entitle to 50% discount... Mutual Gold member also get to do it for FREE. Just invest 100k to become 'gold' ... I think ... |
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Mar 16 2010, 06:27 AM
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150 posts Joined: Jul 2009 From: Malaysia |
I have some questions. I'm new here, please forgive. To write a will, for example, my father consults a lawyer and made an appointment to sign the agreement. He and i, i'm still a minor, go to the appointed date.
He signed it and off he go. Again, i'm a minor and i know nothing. Question: 1. What if that lawyer 'abuse' or 'modify' the agreement before the signing, for his/her benefits purposes? And my father couldn't read English. 2. What if that lawyer, 'gone' or liquidated? Who will later manages my father's will? |
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Mar 16 2010, 09:57 AM
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1,788 posts Joined: Mar 2009 From: PJ lamansara... :D |
well..your father should at least keep a copy of the Will himself...get someone to translate and explain to him..
As to who will be managing your father's Will.. You will have to check in the Will who is assigned as the Will Executor, is it the lawyer? There is an article in the Personal Money last month (I think), mentioning that Executor assigned cannot simply withdraw himself/herself from the responsibility...one has to get a court consent, to bring in a substitude Executor for example, in order to withdraw.. Rationale is , if the Estate is left without an executor it will be going into a state of limbo which the court will not allow... |
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Mar 16 2010, 09:12 PM
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992 posts Joined: Aug 2006 From: Bolehland |
QUOTE(M@Y @ Mar 16 2010, 06:27 AM) I have some questions. I'm new here, please forgive. To write a will, for example, my father consults a lawyer and made an appointment to sign the agreement. He and i, i'm still a minor, go to the appointed date. 1. You can read English. You just check what it is written. Make sure you check the original will. He signed it and off he go. Again, i'm a minor and i know nothing. Question: 1. What if that lawyer 'abuse' or 'modify' the agreement before the signing, for his/her benefits purposes? And my father couldn't read English. 2. What if that lawyer, 'gone' or liquidated? Who will later manages my father's will? 2. If lawyer gone, no problem. Just appoint another one. Most important is the Executor. I hope it is not the lawyer. Some additional question you may want to check 1. Who is the witnesses? 2. Where the original will is being kept? |
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Mar 17 2010, 10:01 AM
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1,473 posts Joined: Nov 2005 |
QUOTE(M@Y @ Mar 16 2010, 06:27 AM) I have some questions. I'm new here, please forgive. To write a will, for example, my father consults a lawyer and made an appointment to sign the agreement. He and i, i'm still a minor, go to the appointed date. Normally any beneficiary who are NOT the kin/legacy of your father would raise suspicious and if indeed found out the lawyer will face penalty so big that he can only be a con man for the rest of his life. So unless its once of life time 'lubang' like 12 millions and above, its unlikely the lawyer will do such thing ... if he is a real lawyer to start with ...He signed it and off he go. Again, i'm a minor and i know nothing. Question: 1. What if that lawyer 'abuse' or 'modify' the agreement before the signing, for his/her benefits purposes? And my father couldn't read English. 2. What if that lawyer, 'gone' or liquidated? Who will later manages my father's will? A prevention method is to find another lawyer to analyse the 'health' of your will. Or just find someone he trusts ( not whom you trust ) to translate for him. |
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Mar 17 2010, 11:37 AM
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1,167 posts Joined: Dec 2008 |
Actually, if there is no will, and the combined estate is less than RM600,000, you could always go for a Pusaka Kecil hearing. The estate must be a mix of harta alih (savings, ASN) and harta tak alih (land,house)
Costs about RM20, +RM2.00 for every copy of the order. Apply at the Unit Pembahagian Harta Pusaka and your nearest Pejabat Tanah. However, once there is a will, gonna have to go to High Court. |
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Apr 11 2010, 01:09 AM
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27 posts Joined: May 2009 |
hi all,
i hv a lawyer fren who writes wills. if any of u have any questions/need any advice or is interested to write one, u can PM me =) |
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Apr 11 2010, 08:30 PM
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3,820 posts Joined: Jan 2009 From: Land of the Hornbills & Land Below the Wind |
hmph....I've not thought of this matter. Should consult my lawyer on this. Good thread.
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Apr 12 2010, 10:49 AM
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992 posts Joined: Aug 2006 From: Bolehland |
If you have a large assets and running own business, it is advisable to consult financial planning company.
If go to lawyer or will writing company, they can only write what you want to put on the will but may not able to give advice on estate distribution especially if you own companies as this may involve taxation, accounting etc..You may even want to consider setting up a trust. |
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Apr 12 2010, 03:46 PM
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VIP
9,137 posts Joined: Jun 2007 From: Wouldn't be around much, pls PM other mods. |
It is still advisable to seek professional will writer as they can advise you on the clause and explain on how the will is going to be executed. Not to mention, a lot helps you execute and safe keep the will, which lawyer doesn't really do that.
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Sep 4 2010, 10:35 PM
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842 posts Joined: Nov 2007 |
Dear all,
I'm a will writer for Rockwill..anyone hv question related to will pls ask me here..i will be happy to answer all of ur question As posted by everyone here..anyone who didnt write a will..after the person pass away, the law will write for u..malaysia hv a law call distribution act 1958 lets say u and spouse hv a joint name under the house, if anything happen to ur spouse, the house could be distribute to u (1/4), parent (1/4) and children (1/2)..and if anything happen to ur parent, AGAIN it will distribute among brothers and sisters if no will is written, u must get a letter of administration which can take long time and high cost too here i want to emphasis that nobody is too young to make a Will. In fact, a Will has nothing to do with age or death, but to protect your loved one when you are no longer around. One is never too young, It can only be too late. statistic shown that 7 out of 10 ppl die without write a will..this create havoc to their family members who they want to them to benefit from asset. many ppl think that their asset automatic go to their spouse or family after they pass away,but this is not TRUE..as i mention, law of distribution will act for u if u didnt write a will Best Regards Alan Added on September 4, 2010, 10:37 pmWhat are the benefits of writing a Will? The benefits are as follow : 1) It ensures the future of your loved ones are secure 2) It ensures the assets of your estate are distributed to the beneficiaries of your choice in the manner that you want 3) In the event where your beneficiaries are minors i.e. children below the age of 18 years, the appointment of a trusted Guardian in your stated Will, ensures that their welfare will be taken care 4) The Executor of your Will ensures the terms of your Will are executed accordingly. Rockwills have the Trustee licence to execute on behalf of testator thus taking away the hassle of running around for beneficiaries and ensuring beneficiaries interest are taken care of. 5) It is a legal document that is recognised by the Courts, thus, reducing unnecessary legal battles & legal costs. Rockwills unique and comprehensive service would ensure that client’s will would take into account possible situations that may arise and would provide the necessary advice to minimize the probability of the will from being contested. Added on September 4, 2010, 10:48 pmHere is another story why we should appoint a professional will writer My father wrote and kept his own Will long ago. After he passed away, it took us tedious time to locate his Will because none of us or even mom knew where he kept it. Due to time constraints by the Court, we almost ransack the whole house. Finally the Will was found in a narrow slit between his old cabinet that was infested by termites. Thank God! the Will was safe. Submitted it to the Court just at the brink of time, we were told that the Will was incomplete due to no appointment of Executors. We are to file a petition for Letters of Administration with Will Annexed. Not too sure what it is or how to go about it, so we decided to get help from a lawyer. Even with the help, the process of the will toke for 4 years and found out that yet another problem occurred…we are to locate the witnesses who had co signed my father’s will. It was a long and tedious task to locate them. It took us yet another 1 1/2 years just to find out that the witnesses can not be located. Due to the long delay and the hassles of attaining the estate even though my father wrote his own will, it took us 6 1/2 years to settle the process and we were charged with a lot of legal fees due to the long process. We do not suggest that you write your own Will because we have seen so many such DIY Wills with common omission like Will not dated, not having substitute executors, no substitute beneficiaries, guardians not named as well as other crucial details left out. Such Wills would either be invalid or do a partial job and would create problems for the beneficiaries. This post has been edited by alexcky: Sep 4 2010, 10:48 PM |
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Sep 5 2010, 09:51 PM
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139 posts Joined: Apr 2006 |
QUOTE(alexcky @ Sep 4 2010, 10:35 PM) Dear all, Mind to share how much to pay to start? Is there an annual renewal fee? How much do I need to pay for revise? ThanksI'm a will writer for Rockwill..anyone hv question related to will pls ask me here..i will be happy to answer all of ur question As posted by everyone here..anyone who didnt write a will..after the person pass away, the law will write for u..malaysia hv a law call distribution act 1958 lets say u and spouse hv a joint name under the house, if anything happen to ur spouse, the house could be distribute to u (1/4), parent (1/4) and children (1/2)..and if anything happen to ur parent, AGAIN it will distribute among brothers and sisters if no will is written, u must get a letter of administration which can take long time and high cost too here i want to emphasis that nobody is too young to make a Will. In fact, a Will has nothing to do with age or death, but to protect your loved one when you are no longer around. One is never too young, It can only be too late. statistic shown that 7 out of 10 ppl die without write a will..this create havoc to their family members who they want to them to benefit from asset. many ppl think that their asset automatic go to their spouse or family after they pass away,but this is not TRUE..as i mention, law of distribution will act for u if u didnt write a will Best Regards Alan Added on September 4, 2010, 10:37 pmWhat are the benefits of writing a Will? The benefits are as follow : 1) It ensures the future of your loved ones are secure 2) It ensures the assets of your estate are distributed to the beneficiaries of your choice in the manner that you want 3) In the event where your beneficiaries are minors i.e. children below the age of 18 years, the appointment of a trusted Guardian in your stated Will, ensures that their welfare will be taken care 4) The Executor of your Will ensures the terms of your Will are executed accordingly. Rockwills have the Trustee licence to execute on behalf of testator thus taking away the hassle of running around for beneficiaries and ensuring beneficiaries interest are taken care of. 5) It is a legal document that is recognised by the Courts, thus, reducing unnecessary legal battles & legal costs. Rockwills unique and comprehensive service would ensure that client’s will would take into account possible situations that may arise and would provide the necessary advice to minimize the probability of the will from being contested. Added on September 4, 2010, 10:48 pmHere is another story why we should appoint a professional will writer My father wrote and kept his own Will long ago. After he passed away, it took us tedious time to locate his Will because none of us or even mom knew where he kept it. Due to time constraints by the Court, we almost ransack the whole house. Finally the Will was found in a narrow slit between his old cabinet that was infested by termites. Thank God! the Will was safe. Submitted it to the Court just at the brink of time, we were told that the Will was incomplete due to no appointment of Executors. We are to file a petition for Letters of Administration with Will Annexed. Not too sure what it is or how to go about it, so we decided to get help from a lawyer. Even with the help, the process of the will toke for 4 years and found out that yet another problem occurred…we are to locate the witnesses who had co signed my father’s will. It was a long and tedious task to locate them. It took us yet another 1 1/2 years just to find out that the witnesses can not be located. Due to the long delay and the hassles of attaining the estate even though my father wrote his own will, it took us 6 1/2 years to settle the process and we were charged with a lot of legal fees due to the long process. We do not suggest that you write your own Will because we have seen so many such DIY Wills with common omission like Will not dated, not having substitute executors, no substitute beneficiaries, guardians not named as well as other crucial details left out. Such Wills would either be invalid or do a partial job and would create problems for the beneficiaries. |
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Sep 6 2010, 07:00 AM
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1,110 posts Joined: Oct 2008 |
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Sep 6 2010, 10:38 AM
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369 posts Joined: Mar 2007 |
QUOTE(kaiserwulf @ Sep 6 2010, 07:00 AM) Not sure about Rockwills but for OSK Trustees it's as follows;The charge starts from RM380 (12 clauses) + One year custodian service RM100.00. Lifetime custodian service is RM800.00. Subsequent revision/re-writing of the will start from RM300.00 (1-6 clauses) onwards. Basically the charge is dependent on the number of clauses you have in your will as the more clauses would mean a more complete will as well more instructions. |
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Sep 6 2010, 10:54 AM
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Staff
25,802 posts Joined: Jan 2003 From: Penang |
QUOTE(HHalphaomega @ Sep 6 2010, 10:38 AM) Not sure about Rockwills but for OSK Trustees it's as follows; One thing I would like to know.The charge starts from RM380 (12 clauses) + One year custodian service RM100.00. Lifetime custodian service is RM800.00. Subsequent revision/re-writing of the will start from RM300.00 (1-6 clauses) onwards. Basically the charge is dependent on the number of clauses you have in your will as the more clauses would mean a more complete will as well more instructions. What if the trustee out of business liao or non-existing already? What happened to the will? If the trustee out of business, then who will execute the will? As some may under life-time custodian after writing the will, but trustee may not existance life-time due to whatever reason. |
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Sep 6 2010, 11:22 AM
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QUOTE(cherroy @ Sep 6 2010, 10:54 AM) One thing I would like to know. Cherroy,What if the trustee out of business liao or non-existing already? What happened to the will? If the trustee out of business, then who will execute the will? As some may under life-time custodian after writing the will, but trustee may not existance life-time due to whatever reason. Trust corporation such as OSK Trustees enjoys perpetuity & is governed by the The Trust Companies Act 1949 hence when one is wound up another trust corporation is appointed to take over the role it was carrying out. Apart from that, in the case of OSK Trustees being backed by a bank would also see Bank Negara getting involved should this event take place. I hope this answers your question. Cheers, HH |
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Sep 6 2010, 02:49 PM
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All Stars
14,990 posts Joined: Jan 2003 |
Guys you don't need a lawyer or a trustee unless you have a real fortune and it's really so diversified that it's hard to take care of personally. Why make other people rich?
This post has been edited by wodenus: Sep 6 2010, 02:52 PM |
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Sep 6 2010, 03:47 PM
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25,802 posts Joined: Jan 2003 From: Penang |
QUOTE(HHalphaomega @ Sep 6 2010, 11:22 AM) Cherroy, Ok thanks for the infoTrust corporation such as OSK Trustees enjoys perpetuity & is governed by the The Trust Companies Act 1949 hence when one is wound up another trust corporation is appointed to take over the role it was carrying out. Apart from that, in the case of OSK Trustees being backed by a bank would also see Bank Negara getting involved should this event take place. I hope this answers your question. QUOTE(wodenus @ Sep 6 2010, 02:49 PM) Guys you don't need a lawyer or a trustee unless you have a real fortune and it's really so diversified that it's hard to take care of personally. Why make other people rich? How to do it, without going through the hassle of LA without will one.I have close relative facing this kind of issue before, father passed away suddenly without will. Properties, car and accounts are stucked for years, before getting LA to clear. So what the advice for this kind of issue. |
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Sep 6 2010, 09:29 PM
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9,137 posts Joined: Jun 2007 From: Wouldn't be around much, pls PM other mods. |
No need really to employ trustee or lawyer. One just need to write a simple will and appoint an executor supplement with 2 witnesses signing the will; where the executor and witness cannot be beneficiary and beneficiary's spouse. When someone pass away, the executor just need to present that will to the probate office.
If there's no contention or objection to that will, the assets would be divided according to it. It would still take time to clear the case; but even with a proper trustee and lawyer assigned as executor, it's the same procedure. Only difference is those guys knows the procedure better than normal people like us, so it's a smoother process. But basically it's the same processes. p/s: I think this is part of the CFP module on will writing. So anyone whom attended that might be able to relay it even better than me or correct my point if I'm wrong. This post has been edited by b00n: Sep 6 2010, 09:31 PM |
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Sep 6 2010, 11:02 PM
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992 posts Joined: Aug 2006 From: Bolehland |
QUOTE(b00n @ Sep 6 2010, 09:29 PM) No need really to employ trustee or lawyer. One just need to write a simple will and appoint an executor supplement with 2 witnesses signing the will; where the executor and witness cannot be beneficiary and beneficiary's spouse. When someone pass away, the executor just need to present that will to the probate office. The beneficiary can also be the executor. Only requirement is must be above 18 years. Seriously, if one really wants to write a will, do consider professional services rather than DIY unless you know the law inside out. It is not too expensive and usually, you only write it once unless change in marital status |
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Sep 6 2010, 11:33 PM
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25,802 posts Joined: Jan 2003 From: Penang |
QUOTE(cuebiz @ Sep 6 2010, 11:02 PM) The beneficiary can also be the executor. Only requirement is must be above 18 years. Seriously, if one really wants to write a will, do consider professional services rather than DIY unless you know the law inside out. It is not too expensive and usually, you only write it once unless change in marital status Majority people especially middle class one have simple will aka their asset like properties, money in account want to pass to whom only. So if the simple will is valid and hold ground, then there is really needless to appoint an external services, unless one is wealthy enough, and a few couple hundred or thousand doesn't matter. Just want the execution of will and asset passing is quick enough to prevent hassle for the benefiery or family members. The least I want to see, if I passed away, is that create problem for my family members, and money in the banks, assets cannot be owned by them and utilised. I had seen how some family stuck with properties under the death person name, car cannot renew the roadtax etc, those kind of hassle thing which take year or years to solve with LA. |
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Sep 7 2010, 01:45 AM
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992 posts Joined: Aug 2006 From: Bolehland |
Even with grant of probate, it will takes about 6 months to obtain it. For LA, it may takes a long time. I don't think there are any quick ways.
Sometimes, writing a simple will is not enough. There are many things to consider such as whether a living trust is necessary, guardianship if minor is involved etc. |
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Sep 7 2010, 08:07 AM
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4,333 posts Joined: Jan 2003 |
I am also in a dilemma of deciding whether to draft a will or a trust to distribute my estate in the event of my passing.
It looks like to bypass the lengthy period getting the grant of probate from the court, the way to go is the creation of a trust. Have anyone here created a trust and how much is the setup cost and administration fees? |
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Sep 7 2010, 09:20 AM
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139 posts Joined: Apr 2006 |
QUOTE(HHalphaomega @ Sep 6 2010, 10:38 AM) Not sure about Rockwills but for OSK Trustees it's as follows; Thanks! It is quite affordable. How do you define clause? Is it by each object?The charge starts from RM380 (12 clauses) + One year custodian service RM100.00. Lifetime custodian service is RM800.00. Subsequent revision/re-writing of the will start from RM300.00 (1-6 clauses) onwards. Basically the charge is dependent on the number of clauses you have in your will as the more clauses would mean a more complete will as well more instructions. e.g. I want to pass my car and motor to my wife. 1 clause? or 2 clause? |
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Sep 7 2010, 01:36 PM
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All Stars
14,990 posts Joined: Jan 2003 |
QUOTE(cuebiz @ Sep 6 2010, 11:02 PM) The beneficiary can also be the executor. Only requirement is must be above 18 years. Seriously, if one really wants to write a will, do consider professional services rather than DIY unless you know the law inside out. It is not too expensive and usually, you only write it once unless change in marital status Wills act is here :http://www.google.com.my/url?sa=t&source=w...y2Ef_6A&cad=rja Added on September 7, 2010, 1:40 pm QUOTE(lara_ @ Sep 7 2010, 09:20 AM) Thanks! It is quite affordable. How do you define clause? Is it by each object? Yes but WHY do you want to spend the money and have to worry about how to define clauses? I don't understand this, it's another example why people seem to want to spend money unnecessarily. Just tell me why because I do not understand why. What makes OSK or Rockwills better at managing your money than you? This post has been edited by wodenus: Sep 7 2010, 01:40 PM |
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Sep 7 2010, 05:34 PM
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369 posts Joined: Mar 2007 |
QUOTE(raynman @ Sep 7 2010, 08:07 AM) I am also in a dilemma of deciding whether to draft a will or a trust to distribute my estate in the event of my passing. There are various types of trusts & setting up a trust is a good however do note that the trust cannot have assets with outstanding loan etc. At OSK Trustees, the setting up one could cost you from RM1K onwards with annual administrative costs of 2% (asset value) annually.It looks like to bypass the lengthy period getting the grant of probate from the court, the way to go is the creation of a trust. Have anyone here created a trust and how much is the setup cost and administration fees? Added on September 7, 2010, 5:38 pm QUOTE(lara_ @ Sep 7 2010, 09:20 AM) Thanks! It is quite affordable. How do you define clause? Is it by each object? That would be 1 clause. Yes, you're right, a clause is defined with reference to the subject or gift.e.g. I want to pass my car and motor to my wife. 1 clause? or 2 clause? You could also say you're giving all your motor vehicles to your wife. This post has been edited by HHalphaomega: Sep 7 2010, 05:38 PM |
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Sep 7 2010, 11:47 PM
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139 posts Joined: Apr 2006 |
QUOTE(wodenus @ Sep 7 2010, 01:36 PM) Wills act is here : Reason is simple. Each extra clause cost money. As simple as it is http://www.google.com.my/url?sa=t&source=w...y2Ef_6A&cad=rja Added on September 7, 2010, 1:40 pm Yes but WHY do you want to spend the money and have to worry about how to define clauses? I don't understand this, it's another example why people seem to want to spend money unnecessarily. Just tell me why because I do not understand why. What makes OSK or Rockwills better at managing your money than you? |
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Sep 8 2010, 08:45 AM
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4,333 posts Joined: Jan 2003 |
lara_, I like your answer.
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Sep 8 2010, 01:55 PM
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4,522 posts Joined: Jan 2003 From: Mordor, Middle Earth. |
QUOTE(raynman @ Sep 7 2010, 08:07 AM) I am also in a dilemma of deciding whether to draft a will or a trust to distribute my estate in the event of my passing. First it is not a lot of money, secondly the appointed executor might not have time or equipped experience to execute the asset transfer. It is heck a lot more trouble than u imaging, if the deceases person have more asset. It looks like to bypass the lengthy period getting the grant of probate from the court, the way to go is the creation of a trust. Have anyone here created a trust and how much is the setup cost and administration fees? I wrote my Will at early as age of 26 with one of my rockwill writer senior friend, with the executor being one of my family member follow by another family member should the first one is not available, plus with an option to allow rockwill to appoint a professional to execute for my family if they opt for it. A simple Will cost only RM500-800 1 time cost until you married(YES any WILL will become invalid once you married/remarried), you are not a lawyer, any wording can be mean something else vocabulary. So it is better to get a professional WILL write. Remember get the best ones. As long as put like "all asset xx% belong to Mr.XXX", going this method should fairly simple & straight forward and the WILL will still be valid as your asset grows. RM800 is not a lot of money for the amount of asset you have. Write now b4 the cost of writing WILL increase. And there is an option that companies like rockwill offer ustodian service for your lifetime for a fee.(usually RM800) It is better this way than keeping yourself. Besides you need your Will to be Legally binded. You cant write a simple draft and claim that is your WILL. Your greedy family member will claim that is invalid. This post has been edited by billytong: Sep 8 2010, 01:59 PM |
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Sep 8 2010, 04:28 PM
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171 posts Joined: Sep 2008 |
If we have a house with loan outstanding and we have no will, what will happen to the house on our passing? Who should continue paying the installments if we do not buy MRTA? Can the wife or the kids continue to rent it out for rental income? Who is entitled to collect the rent?
And, who should we approach to write a will? Out of Rockwills, OSK and Public Trustee, which one is recommended? Thanks |
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Sep 8 2010, 05:15 PM
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770 posts Joined: Jun 2008 From: mum's tummy |
i have not
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Sep 8 2010, 06:09 PM
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12,696 posts Joined: Aug 2008 |
QUOTE(b00n @ Sep 6 2010, 09:29 PM) No need really to employ trustee or lawyer. One just need to write a simple will and appoint an executor supplement with 2 witnesses signing the will; where the executor and witness cannot be beneficiary and beneficiary's spouse. When someone pass away, the executor just need to present that will to the probate office. I am sure there are minor details or pitfalls that normal person would not know about so i would not want to risk that. For example, if the deceased have an unmarried daughter and that daughter is not listed in the will, that will can be declared void. Likewise if the deceased hated his wife and did not leave her anything, that will can also be declared void. If there's no contention or objection to that will, the assets would be divided according to it. It would still take time to clear the case; but even with a proper trustee and lawyer assigned as executor, it's the same procedure. Only difference is those guys knows the procedure better than normal people like us, so it's a smoother process. But basically it's the same processes. p/s: I think this is part of the CFP module on will writing. So anyone whom attended that might be able to relay it even better than me or correct my point if I'm wrong. |
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Sep 8 2010, 06:32 PM
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VIP
9,137 posts Joined: Jun 2007 From: Wouldn't be around much, pls PM other mods. |
QUOTE(Optiplex330 @ Sep 8 2010, 06:09 PM) I am sure there are minor details or pitfalls that normal person would not know about so i would not want to risk that. For example, if the deceased have an unmarried daughter and that daughter is not listed in the will, that will can be declared void. Likewise if the deceased hated his wife and did not leave her anything, that will can also be declared void. True, but we are talking about average normal families. I understood that complications would arise when there's a 3rd party to challenge the will. However, if there is non and one's asset is nothing to shout about; I meant a simple will would do. Then again, it's up to anyone's preference.My granddad's will is self written. However, we get a family lawyer friend to help execute it. One can easily search up the web for will template. Anyway, like cherroy mentioned (which I agreed also), will writing is only the tip. IMO, execution is one that needed the most headache. Thus I do agree that these trustee agency does comes in handy for will safe keeping. But then again, there's a lot out there who couldn't really afford such services; thus it's still educational for one to write their own will although they can't afford. Many had the misconception that they need will writers or lawyers to draft wills which is generally not correct. |
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Sep 8 2010, 07:36 PM
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4,522 posts Joined: Jan 2003 From: Mordor, Middle Earth. |
QUOTE(Optiplex330 @ Sep 8 2010, 06:09 PM) I am sure there are minor details or pitfalls that normal person would not know about so i would not want to risk that. For example, if the deceased have an unmarried daughter and that daughter is not listed in the will, that will can be declared void. Likewise if the deceased hated his wife and did not leave her anything, that will can also be declared void. Thats right, I agree with you. It is funny that people can spend a thousand on handheld devices, gadgets. I dont believe that saving 100 bucks a month for 2 years is to enough. WILL is a 1 time fee. I still cannot see how expensive it is when it is valid for a person's whole life. This thing do not cost tens of thousands if a person write a simple one. Get it done in a proper way professionally. Regardless of whatever I still do not agree with DIY will. There is heck a lot of trouble to go through which simple not worth saving that small amount of money. This post has been edited by billytong: Sep 8 2010, 08:11 PM |
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Sep 8 2010, 11:23 PM
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369 posts Joined: Mar 2007 |
QUOTE(constant @ Sep 8 2010, 04:28 PM) If we have a house with loan outstanding and we have no will, what will happen to the house on our passing? Who should continue paying the installments if we do not buy MRTA? Can the wife or the kids continue to rent it out for rental income? Who is entitled to collect the rent? Legally the banks owns the house until the loan is settled which is why it's a good idea to purchase MRTA or MLTA beforehand.And, who should we approach to write a will? Out of Rockwills, OSK and Public Trustee, which one is recommended? Thanks You can approach any professional will writers for your will. In Malaysia Rockwills & OSK Trustees are the most commonly sought. Rockwills is a Sdn Bhd whilst OSK Trustees is trust company. |
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Sep 9 2010, 08:07 AM
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12,696 posts Joined: Aug 2008 |
QUOTE(b00n @ Sep 8 2010, 06:32 PM) True, but we are talking about average normal families. I understood that complications would arise when there's a 3rd party to challenge the will. However, if there is non and one's asset is nothing to shout about; I meant a simple will would do. Then again, it's up to anyone's preference. Normal people have wife and daughter. So we are talking about normal family. Wife HAVE to be mentioned in will, even if you hated her and leave her with RM1, otherwise the will is invalid.Added on September 9, 2010, 8:08 am QUOTE(HHalphaomega @ Sep 8 2010, 11:23 PM) In Malaysia Rockwills & OSK Trustees are the most commonly sought. Rockwills is a Sdn Bhd whilst OSK Trustees is trust company. So what are the differences between a Sdn Bhd and a Trust that we should be aware of?This post has been edited by Optiplex330: Sep 9 2010, 08:08 AM |
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Sep 9 2010, 08:13 AM
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369 posts Joined: Mar 2007 |
QUOTE(Optiplex330 @ Sep 9 2010, 08:07 AM) Trust corporation such as OSK Trustees enjoys perpetuity & is governed by the The Trust Companies Act 1949 hence when one is wound up another trust corporation is appointed to take over the role it was carrying out. The same cannot be applied for a Sdn Bhd. |
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Sep 9 2010, 08:30 AM
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12,696 posts Joined: Aug 2008 |
QUOTE(HHalphaomega @ Sep 9 2010, 08:13 AM) Trust corporation such as OSK Trustees enjoys perpetuity & is governed by the The Trust Companies Act 1949 hence when one is wound up another trust corporation is appointed to take over the role it was carrying out. The same cannot be applied for a Sdn Bhd. So it's obvious it is better to have the will done by the Trust and not the Sdn Bhd?Anything else you can tell me on how to pick the right company to write the will? Thanks This post has been edited by Optiplex330: Sep 9 2010, 08:31 AM |
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Sep 9 2010, 08:36 AM
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369 posts Joined: Mar 2007 |
QUOTE(Optiplex330 @ Sep 9 2010, 08:30 AM) So it's obvious it is better to have the will done by the Trust and not the Sdn Bhd? Well yes it would be better to have a trust corporation for this especially if you're appointing them as executors etc.Anything else you can tell me on how to pick the right company to write the will? Thanks Apart from that I would say perpetuity, the cost & quality of service would be the other areas you can explore. |
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Sep 9 2010, 08:52 AM
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12,696 posts Joined: Aug 2008 |
QUOTE(HHalphaomega @ Sep 9 2010, 08:36 AM) Well yes it would be better to have a trust corporation for this especially if you're appointing them as executors etc. I think nowadays some bank also provided will service. How do they compare to Trust?Apart from that I would say perpetuity, the cost & quality of service would be the other areas you can explore. This post has been edited by Optiplex330: Sep 9 2010, 08:58 AM |
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Sep 9 2010, 09:03 AM
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369 posts Joined: Mar 2007 |
QUOTE(Optiplex330 @ Sep 9 2010, 08:52 AM) It again depends on whether they've created a trust company as their part of their business or not. If they have then being backed by a bank would also see Bank Negara getting involved to ensure perpetuity as in the case of OSK Trustees. I think Maybank has this as well. |
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Sep 9 2010, 09:15 AM
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12,696 posts Joined: Aug 2008 |
QUOTE(HHalphaomega @ Sep 9 2010, 09:03 AM) It again depends on whether they've created a trust company as their part of their business or not. If they have then being backed by a bank would also see Bank Negara getting involved to ensure perpetuity as in the case of OSK Trustees. I think Maybank has this as well. So it seems for getting wills done, the No.1 preference would be a Bank that set up their wills department as Trust. So you have both Bank Negara and Trust Company Act 1949 as backup. Double layer of protection. Last on list of preference would be Sdn Bhd. Correct? |
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Sep 9 2010, 09:47 AM
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369 posts Joined: Mar 2007 |
QUOTE(Optiplex330 @ Sep 9 2010, 09:15 AM) So it seems for getting wills done, the No.1 preference would be a Bank that set up their wills department as Trust. So you have both Bank Negara and Trust Company Act 1949 as backup. Double layer of protection. That would be correct as will is all about security.Last on list of preference would be Sdn Bhd. Correct? |
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Sep 9 2010, 09:50 AM
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12,696 posts Joined: Aug 2008 |
QUOTE(HHalphaomega @ Sep 9 2010, 09:47 AM) For bank with Trust, which banks have them? You mentioned Maybank, what about Pubic Bank? Standard Chartered? And what's the price are we roughly talking about? Are the price based on number of beneficiaries or value of property or what? Thanks. |
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Sep 9 2010, 10:08 AM
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369 posts Joined: Mar 2007 |
QUOTE(Optiplex330 @ Sep 9 2010, 09:50 AM) For bank with Trust, which banks have them? You mentioned Maybank, what about Pubic Bank? Standard Chartered? Apart from Maybank Trustees & OSK Trustees, PB, CIMB & HSBC also have it. SCB I don't think so. And what's the price are we roughly talking about? Are the price based on number of beneficiaries or value of property or what? Thanks. I'm not sure about the others but the pricing for OSK is based on number of clauses in the will. A basic will (12 clauses) will cost you RM380. |
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Sep 9 2010, 10:35 AM
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12,696 posts Joined: Aug 2008 |
Thanks. What's your comment of many people automatically thinking of going to a lawyer to do their will? Knowing what I know now, isn't that not a bad idea because:
1. There are so many types of law so unless the lawyer is specializing inheritance law, I doubt he is up to speed to write a proper will with known pitfalls covered. 2. Lawyer can retire or worst still, law firm closed down. |
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Sep 9 2010, 11:07 AM
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369 posts Joined: Mar 2007 |
QUOTE(Optiplex330 @ Sep 9 2010, 10:35 AM) Thanks. What's your comment of many people automatically thinking of going to a lawyer to do their will? Knowing what I know now, isn't that not a bad idea because: You're welcome. Well you're right. A lawyer can be hired to write up a will but it remains unknown how not many of them would specialize in this area of the law. It's like going to the MD for a specialist treatment. However, there are some lawyers who keep them self abreast with other areas of law who maybe better than those who don't. *Disclaimer: I mean no disrespect to any lawyers here.*1. There are so many types of law so unless the lawyer is specializing inheritance law, I doubt he is up to speed to write a proper will with known pitfalls covered. 2. Lawyer can retire or worst still, law firm closed down. Apart from that, when it comes perpetuity then trust corporations simple are the better choice. Cost would be another matter too since these firms can enjoy economies of scale to reduce their fees. |
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Sep 25 2010, 12:18 AM
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171 posts Joined: Sep 2008 |
If one approach a trustee company like OSK Trustee to write a will, is it better to also appoint them as the Executor? Or is it better to appoint a close relative or friend?
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Sep 25 2010, 11:18 AM
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992 posts Joined: Aug 2006 From: Bolehland |
QUOTE(constant @ Sep 25 2010, 12:18 AM) If one approach a trustee company like OSK Trustee to write a will, is it better to also appoint them as the Executor? Or is it better to appoint a close relative or friend? Executor is an important role. If you appoint your own people, you need to make sure that they will perform the duty later on. You need to inform them first whether they willing to take on the role of executor. BTW, the executor reserves the right to charge 5% of the total assets as his fees. IF you appoint OSK, then you can assure that it will perform the duty with transparency. Of course, it comes with a fees. You have to check with them how much they charge as it is based to tier rates. |
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Sep 25 2010, 11:58 AM
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12,696 posts Joined: Aug 2008 |
QUOTE(Jean72 @ May 6 2008, 11:17 PM) 25% to your children; 25% to your parents, 50% to your partner. But it does take a long time to process ... Wrong.http://www.malaysianbar.org.my/non_muslim_...itance_law.html |
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Sep 25 2010, 12:09 PM
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QUOTE(cuebiz @ Sep 25 2010, 11:18 AM) Executor is an important role. If you appoint your own people, you need to make sure that they will perform the duty later on. You need to inform them first whether they willing to take on the role of executor. BTW, the executor reserves the right to charge 5% of the total assets as his fees. Are u sure OSK charges 5% as executor fees? 5% is too much! PB Trustees only charge about 1%. Is there anything else I should be aware when appointing trustee company as executor?IF you appoint OSK, then you can assure that it will perform the duty with transparency. Of course, it comes with a fees. You have to check with them how much they charge as it is based to tier rates. |
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Sep 25 2010, 12:46 PM
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369 posts Joined: Mar 2007 |
QUOTE(constant @ Sep 25 2010, 12:09 PM) Are u sure OSK charges 5% as executor fees? 5% is too much! PB Trustees only charge about 1%. Is there anything else I should be aware when appointing trustee company as executor? Hi Constant,OSK charges are as follows; Appointment fee: RM100 Life time custodian fees (compulsory for OSK appointment as trustee); RM800 1st year, 1 to 2% Subsequent years, 0.5 to 1% Cheers, HH |
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Sep 25 2010, 01:56 PM
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QUOTE(HHalphaomega @ Sep 25 2010, 12:46 PM) Hi Constant, Hi,OSK charges are as follows; Appointment fee: RM100 Life time custodian fees (compulsory for OSK appointment as trustee); RM800 1st year, 1 to 2% Subsequent years, 0.5 to 1% Cheers, HH Is there annual charges for appointing Executor??? I think you might have mistaken for trustee charges whereby if a TRUST is set up to manage the estate, there will be annual fees of about 0.5%. I am not setting up a trust. I am writing a will and appoint executor. I believe it is once off charge upon DEMISE of the person. Please clarify. Thx |
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Sep 25 2010, 03:45 PM
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369 posts Joined: Mar 2007 |
QUOTE(constant @ Sep 25 2010, 01:56 PM) Hi, Hi Constant,Is there annual charges for appointing Executor??? I think you might have mistaken for trustee charges whereby if a TRUST is set up to manage the estate, there will be annual fees of about 0.5%. I am not setting up a trust. I am writing a will and appoint executor. I believe it is once off charge upon DEMISE of the person. Please clarify. Thx I apologize if the my statement was not clear earlier. You're right as the executor appointment fee is RM100 plus RM800 for the lifetime custodian services. The rest of the charges applies for the estate admin which is as follows; 1st year, 1 to 2% Subsequent years, 0.5 to 1% Cheers, HH This post has been edited by HHalphaomega: Sep 25 2010, 03:46 PM |
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Mar 11 2011, 02:54 PM
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QUOTE(HHalphaomega @ Sep 25 2010, 03:45 PM) Hi Constant, Hi.. What is an estate admin for??I apologize if the my statement was not clear earlier. You're right as the executor appointment fee is RM100 plus RM800 for the lifetime custodian services. The rest of the charges applies for the estate admin which is as follows; 1st year, 1 to 2% Subsequent years, 0.5 to 1% Cheers, HH Are the 1to 2% on your total assets? |
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Mar 12 2011, 12:21 AM
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365 posts Joined: Aug 2009 |
Insurance Endownment no cost (of cause agent comm)
Added on March 12, 2011, 12:30 am QUOTE(Jean72 @ May 6 2008, 11:17 PM) 25% to your children; 25% to your parents, 50% to your partner. But it does take a long time to process ... Terbalik 50% children 25% parent 25% spouse This post has been edited by jamzz: Mar 12 2011, 12:30 AM |
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Mar 12 2011, 03:41 PM
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369 posts Joined: Mar 2007 |
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Mar 13 2011, 10:25 AM
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Senior Member
1,110 posts Joined: Oct 2008 |
If you do not have dependents (i.e. children and wife), if you die your assets go to parents (who at this stage still not that old- unless you are already a 40 year old virgin).
I am getting mine once married. Or if some China woman proves that her child is mine |
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Apr 7 2011, 02:43 PM
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Junior Member
21 posts Joined: May 2005 From: Kota Kinabalu |
just search around and found out more about Rockwills...they are actually a group of companies where Rockwills Corporation Sdn. Bhd. focuses on will writing & Rockwills Trustee Berhad focuses of trusts, estate administration & executoship
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Apr 7 2011, 03:33 PM
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Senior Member
5,170 posts Joined: Jul 2006 From: /k//k/, /k/undasang |
what happen if I die without will? no wife no kids, assets goes to parents?
Added on April 7, 2011, 3:36 pmand something I wanna ask... last time i dunno what my sister give me to sign..it has something like "waris" something like that, could it be she let me sign a paper says if i die my assess pass to her? I cant remember any of the contents tho. This post has been edited by ah_suknat: Apr 7 2011, 03:36 PM |
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Apr 7 2011, 04:10 PM
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Junior Member
21 posts Joined: May 2005 From: Kota Kinabalu |
Die without a will = intenstacy = assets will be distributed according to Distribution Act 1958 (for Peninsula Malaysia + Sarawak) or Intestate Succession Ordinance 1960 (Sabah), court order required = LA (Letter of Administration)
Die with a valid will = testacy = assets will be distributed according to the will, court order required = GP (Grant of Probate) Die with a valid will but it does not dispose all of the estate or no executor named in the will = partial intestacy, court order required = LA with Will annexed = same process as intestacy Am not sure about Muslim wasiats under Faraid law though...anyone would like to share? This post has been edited by WinDu: Apr 7 2011, 04:18 PM |
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Apr 9 2011, 11:53 AM
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Senior Member
4,256 posts Joined: Jan 2005 |
the taboo of will writting is not norm for malaysian. i wonder anyone of you dare to ask parent this question?
mom! dad! did you guys prepare a will for me? may i know who is the executor and witnesess. once we ask , most likely we get nothing or probably the money goes to the siblings that is too stupid to even bother as they are seen as filial one. Added on April 9, 2011, 12:19 pmwhat is a better way than stating the will with Video camera with Watermarking Feature ? Video should be the most authenticate one except that files may get error but thats another issue. well, executor and witnesses can all sit side by side when shooting the video . can this be done? This post has been edited by hackwire: Apr 9 2011, 12:19 PM |
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Apr 10 2011, 11:55 AM
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Senior Member
3,820 posts Joined: Jan 2009 From: Land of the Hornbills & Land Below the Wind |
My dad did it when I was 20.
My mom takes 50%, me 25%, my younger brother 25%. |
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Apr 11 2011, 01:17 PM
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Senior Member
4,256 posts Joined: Jan 2005 |
u r so lucky . how did u know of it by the way?
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Apr 12 2011, 01:45 PM
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Senior Member
4,436 posts Joined: Oct 2008 |
QUOTE(hackwire @ Apr 9 2011, 11:53 AM) Added on April 9, 2011, 12:19 pmwhat is a better way than stating the will with Video camera with Watermarking Feature ? Video should be the most authenticate one except that files may get error but thats another issue. well, executor and witnesses can all sit side by side when shooting the video . can this be done? As for me, i) Will done - checked ii) Testementary Trust done - checked iii) Declaration of Trust done - checked. Xuzen |
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Apr 12 2011, 01:58 PM
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Senior Member
5,170 posts Joined: Jul 2006 From: /k//k/, /k/undasang |
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Apr 12 2011, 02:06 PM
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Junior Member
48 posts Joined: Jan 2011 |
i dont own anything...so..no need to write will...not yet...
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Nov 23 2011, 12:54 PM
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Senior Member
1,139 posts Joined: Aug 2008 |
Firstly thanks all contributers, kindly forgive my layman terms..
Let's say the person wrote the will has passed away. How would the benficeries know there is a will exist ? Who will notify the beneficiaries ? If there is a will written & 3 beneficiaries still alive stated to receive, does all of them have to appear in front lawyer when will is presented ? or just 1 or 2 person will do ? This will leave the 3rd person unknow & can this 3rd person sue the lawyer ? sorry for the complicated issue, how you all can advise me. many thx |
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Nov 24 2011, 07:06 PM
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Junior Member
4 posts Joined: Nov 2011 From: Kuala Lumpur |
First- inside that will, there will be at least 2 appointed person to administer the Will, something like administrator
Second - usually there will hv 2 copies of the Will, either both keep by the deceased or 1 copy with the lawyer/administrator third - either ways, the administrator need to call all parties in the Will before he/she can read it... if by lawyer also, same situation. If one of the party not around, there is possible room for that party to dispute the Will (then it will go to the court to decide, mind that it will take quite a time, some maybe years to settle) fourth - can sue the lawyer??? depend whether the lawyer breach his professional duty or not lol... (like fraud, breach of trust etc).... hope can clear some issues of yours la... Added on November 24, 2011, 7:10 pm QUOTE(bageroz @ Apr 12 2011, 02:06 PM) better to have a Will to secure the interest of the people you will leave behind (touch wood la)... except KWSP la... you have to have named your beneficiary in KWSP...Will is important because you still have bank's account, maybe SOSCO compensation, insurance compensation by your company or third party and etc.... This post has been edited by eddytbd: Nov 24 2011, 07:10 PM |
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Nov 24 2011, 07:17 PM
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Elite
5,608 posts Joined: May 2011 From: Here, There, Everywhere |
QUOTE(eddytbd @ Nov 24 2011, 07:06 PM) First- inside that will, there will be at least 2 appointed person to administer the Will, something like administrator I think there's something not too right with the above, i stand to be corrected Second - usually there will hv 2 copies of the Will, either both keep by the deceased or 1 copy with the lawyer/administrator third - either ways, the administrator need to call all parties in the Will before he/she can read it... if by lawyer also, same situation. If one of the party not around, there is possible room for that party to dispute the Will (then it will go to the court to decide, mind that it will take quite a time, some maybe years to settle) fourth - can sue the lawyer??? depend whether the lawyer breach his professional duty or not lol... (like fraud, breach of trust etc).... hope can clear some issues of yours la... 1. In a Will, ada "AT LEAST 2 appointed person to administer"? I think it's called an "Executor" and perhaps, failing the 1st executor being around, MAYBE there's a 2nd 2. There can be 1 original and several copies of a Will. Original is usually kept by the appointed Executor Copies usually kept by "deceased" (write will thus must die?) and beneficiaries - beneficiaries should be informed of who to look for when "deceased" dies The rest depends on how dodgy, sneaky and smart the Executor is VS the beneficiaries i may be wrong though BTW, other than a Will, it may be a good to list down ALL your assets, insurances, etc., how to access them and how to use them to settle debts/live on forever or until beneficiaries' lives stabilizes (after one is gone), ESPECIALLY if the beneficiaries arent too savvy financially. Just a thought. This post has been edited by wongmunkeong: Nov 24 2011, 07:28 PM |
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Nov 24 2011, 08:08 PM
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Senior Member
1,447 posts Joined: Sep 2010 |
Just had a chat with CIMB trustees today , lowest rate in the market
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Nov 24 2011, 09:25 PM
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Elite
5,608 posts Joined: May 2011 From: Here, There, Everywhere |
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Nov 25 2011, 02:56 AM
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Senior Member
1,139 posts Joined: Aug 2008 |
eddytbd & wongmunkeong ... Thanks for your feedback & advise, I am learning ... another question, kindly help ..
Deceased appoint 2 executors - A & B (if this two person unable or unwilling to act) then will appoint C. The will was sign by 2 witness. There was no lawyer reading the Will to A, The grant of probate stated 2 person (A&B) Person B acted alone without notify A, A suspect fraud in allocating .. I would like to seek advise, Has B commited fraud ? (in an event stated 50/50 for A & B, it was devided 100% to B) If there is two name in the grant of probate, aren't supposed this two person have execute everything together? or either one can do. (i try digest but really can't understand) kindly help what does below means .. For the purpose of ascertaining entitlement under this Will any beneficiary who does not survive me by thirty days shall be treated as having died before me. many thanks ... |
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Nov 25 2011, 06:46 AM
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Elite
5,608 posts Joined: May 2011 From: Here, There, Everywhere |
QUOTE(blasto @ Nov 25 2011, 02:56 AM) eddytbd & wongmunkeong ... Thanks for your feedback & advise, I am learning ... another question, kindly help .. "For the purpose of ascertaining entitlement under this Will any beneficiary who does not survive me by thirty days shall be treated as having died before me. "Deceased appoint 2 executors - A & B (if this two person unable or unwilling to act) then will appoint C. The will was sign by 2 witness. There was no lawyer reading the Will to A, The grant of probate stated 2 person (A&B) Person B acted alone without notify A, A suspect fraud in allocating .. I would like to seek advise, Has B commited fraud ? (in an event stated 50/50 for A & B, it was devided 100% to B) If there is two name in the grant of probate, aren't supposed this two person have execute everything together? or either one can do. (i try digest but really can't understand) kindly help what does below means .. For the purpose of ascertaining entitlement under this Will any beneficiary who does not survive me by thirty days shall be treated as having died before me. many thanks ... The above is a clause one usually puts in one's Will to mean in layman terms: If any of my beneficiaries DIE AFTER I DIE WITHIN 30 DAYS TIME is to be out of my Will (coz i treat them as DEAD BEFORE I DIED) This is usually done to ensure that only my INTENDED beneficiaries OR their alternatives which i've stated in the Will, get what i want to give them, NOT THEIR beneficiaries. eg. I put my daughter and sister as beneficiaries 50% / 50% + that 30days survival clause + alternative to my sister is my mother (ie if my sister not around, 50% goes to mum) Scenario 1: I die, everything goes smoothly to my daughter & sister Scenario 2: I die AND my sister dies within 30 days of my death, my daughter & mum gets 50% 50%, NOT my sister's husband, kids, etc which is in her own Will. Without that survival clause in my Will, 50% of my net worth will go to my sister then she kaputs and then her Will kicks in, moving her net worth (which is now +50% of my net worth) to her beneficiaries - chain of death/Wills thinggy --- As for the fraud thing - there's something weird with the data U provided. U stated (i may have misunderstood yar, please correct me): a. A & B = joint-executors b. A & B also beneficiaries to get 50% 50% of deceased net worth c. B sapu-ed 100% er.. if the Will states item (a.) and (b.) above, A can go after B's butt leh. Whether B committed fraud or not needs to be proved in the courts - mana tu Will? A tak de copy ke? This post has been edited by wongmunkeong: Nov 25 2011, 06:47 AM |
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Nov 25 2011, 07:50 AM
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Senior Member
3,820 posts Joined: Jan 2009 From: Land of the Hornbills & Land Below the Wind |
Very interesting, am learning.
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Nov 25 2011, 08:48 AM
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Elite
5,608 posts Joined: May 2011 From: Here, There, Everywhere |
Side note to all Public Mutual Gold customers:
U can do a Will and let it be held & executed by PB Trustee. Get your Agent to service U on this (oo.. sounds kinky Up front Cost: $0 Back load cost (ie. when kaput and Will executed): 1% for the 1st $1M & 0.5% for anything above $1M, with minimum of er.. a few $Ks (less than $10K if i recall correctly - any bro can help here?) Personally i did it with PB Trustee even though i had a Will already drawn up with Executor being my sister, failing which my mother. Reasoning: My sis aint a pro in this kinda thing and it takes effort and time + some kaka may happen, thus screwing up the process/speed. Haiya - pay professionals to execute lar (ie. company, not a person), 1% + 0.5% is nothing in terms of % to move total net worth IMHO. The sum may look big but as a %, no biggie and it is the % left for my beneficiaries that i am focused on. end of spiel This post has been edited by wongmunkeong: Nov 25 2011, 08:48 AM |
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Nov 25 2011, 03:58 PM
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Senior Member
1,447 posts Joined: Sep 2010 |
CIMB Trustees seems to be having 1 , anybody got any comment
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Nov 25 2011, 05:14 PM
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Elite
5,608 posts Joined: May 2011 From: Here, There, Everywhere |
QUOTE(Fabio1 @ Nov 25 2011, 03:58 PM) Bro - in your previous posting U said it's cheap CIMB Trustee. Now U post asking for comments when U dont even share the cost U found out. What gives ar? Share too lar This post has been edited by wongmunkeong: Nov 25 2011, 05:26 PM |
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Nov 26 2011, 08:01 PM
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Senior Member
1,139 posts Joined: Aug 2008 |
» Click to show Spoiler - click again to hide... « wongmunkeong .. many thanks .. you make it easy for me to understand the Will law What you mention above is correct about A & B.. they are joint executors.. Yes.. A got a copy of the Will. A trusted B until a certain extent, B taking to long.. then A decided to obtain everything from B. A decided to do some running & checking .. shares, deposits box, etc.. info/result obtained does not match Will. Please correct me if im wrong, joint executor must have joint account right ? everything should be devided accordingly into the joint account right ? If A want to sue B, where to hire a lawyer ? or court will provide ? Thanks again, your advice is very much appreciated |
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Nov 27 2011, 09:18 AM
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Elite
5,608 posts Joined: May 2011 From: Here, There, Everywhere |
QUOTE(blasto @ Nov 26 2011, 08:01 PM) » Click to show Spoiler - click again to hide... « wongmunkeong .. many thanks .. you make it easy for me to understand the Will law What you mention above is correct about A & B.. they are joint executors.. Yes.. A got a copy of the Will. A trusted B until a certain extent, B taking to long.. then A decided to obtain everything from B. A decided to do some running & checking .. shares, deposits box, etc.. info/result obtained does not match Will. Please correct me if im wrong, joint executor must have joint account right ? everything should be devided accordingly into the joint account right ? If A want to sue B, where to hire a lawyer ? or court will provide ? Thanks again, your advice is very much appreciated If A already has proof (last copy of Will, data on shares, deposit boxes, debts (remember minus debts ar), etc.) that B "swallowed" more than fair share, it should be a winnable case - just that if B is going to fight all out, it may go all the way up to the court of appeals, thus the "results" better be worth more than $100K+ (expected cost). Er.. the sum of $100K+ is based on my own digging if i were to fight and destroy my ex for my daughter's custody in court, all the way up to the court of appeals. Sigh.. one sure as heck learns a lot during turbulent times Thus, A's cost may vary a bit. If cost is an issue, perhaps nego with lawyer as a % of the estate lar - if the estate is huge. As for the "joint executor must have joint account", i'm unsure - i've not died yet nor been an executor yet (appointed but appointor havent kaput yet) so far heheh Side note: If the deceased is a Muslim, all the above may be moot as the Faraid and stuff will overide whatever Wasiat placed. If i'm not mistaken, for a Muslim, a Wasiat is just one's wishes and CAN BE OVERRIDDEN by Faraid and other Muslim estate laws. This post has been edited by wongmunkeong: Nov 27 2011, 09:27 AM |
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Nov 29 2011, 12:29 AM
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Senior Member
1,139 posts Joined: Aug 2008 |
» Click to show Spoiler - click again to hide... « wongmunkeong .. thanks for your advise ... i hope below are my last questions .. Is this cheating issue serious? What is it categorize/called in law terms? Is court case very long ? If A win the case what's the punishment for B? prison? (how long?) A win, B no money to pay? How? No huge lah, ikan bilis amount. A is fighting for fairness & want to teach B a lesson. (why cheating on a dead person last wishes) something like that ... Sorry for that, i am just guessing since two names in letter of probate, banks & shares company should release to two person, not only one person... Many Thanks |
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Nov 29 2011, 07:08 AM
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Elite
5,608 posts Joined: May 2011 From: Here, There, Everywhere |
QUOTE(blasto @ Nov 29 2011, 12:29 AM) » Click to show Spoiler - click again to hide... « wongmunkeong .. thanks for your advise ... i hope below are my last questions .. Is this cheating issue serious? What is it categorize/called in law terms? Is court case very long ? If A win the case what's the punishment for B? prison? (how long?) A win, B no money to pay? How? No huge lah, ikan bilis amount. A is fighting for fairness & want to teach B a lesson. (why cheating on a dead person last wishes) something like that ... Sorry for that, i am just guessing since two names in letter of probate, banks & shares company should release to two person, not only one person... Many Thanks Best to get a legal view on this - somewhere in LYN i think is a Legal topic OR there's a forum for legal Qs somewhere (M'sian legal) i've bumped into before. My bad - getting old, memory's not what it used to be A win & B no $ to pay? Assets ada? Can garnish? If not, then A would do it out of pure justice only lor - thus, like i mentioned, negotiate / get a legal eagle to work for a % of $/assets that is recovered. Trust me - it aint a comfortable life with a legal eagle hounding one (if B claims no $ to pay). The only Q would be whether A can tahan all that "wasted time, effort and resources" to go after B's butt. There are other ways to make B's life hell... which cant see the light of day in a forum This post has been edited by wongmunkeong: Nov 29 2011, 07:09 AM |
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Nov 29 2011, 02:09 PM
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Senior Member
1,447 posts Joined: Sep 2010 |
QUOTE(wongmunkeong @ Nov 25 2011, 06:14 PM) Bro - in your previous posting U said it's cheap CIMB Trustee. Now U post asking for comments when U dont even share the cost U found out. Probably you talk to my friend Inderjit or email him at inderjit.singh@cimb.com for more details, I have checked for my parents and found pretty interesting of course I am still talking to him for better understanding of the rates and procedureWhat gives ar? Share too lar |
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Nov 29 2011, 05:25 PM
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Senior Member
12,696 posts Joined: Aug 2008 |
1. Assuming you wrote a will 20 years ago and in it, you list 2 reliable person as Executors. What if one of them passed away and you didn't change the original will so now you only have 1 Executor when you die.
2. Assuming both Executors are untrustworthy and decided to pocket some of your asset for themselves. Are there any authority/law etc to prevent that? |
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Nov 29 2011, 08:11 PM
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Senior Member
1,139 posts Joined: Aug 2008 |
» Click to show Spoiler - click again to hide... « wongmunkeong ... thanks for your expertise, your info is very good.. A can go all-out anytime... I saw the legal forum too..nanti my friend will refer, law lango very hard to understand... she stress we lagi stress.. lastly thanks for all the info, |
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Mar 13 2012, 10:55 PM
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Senior Member
4,256 posts Joined: Jan 2005 |
is Executor and Witness the same term here? Administrator is appointed legal firm am i right here? kinda confusing after reading all these info.
I was wondering if CIMB trustee , PB Trustee and OSK trustee were the same kind of institution who provide Will Writing Services and Execution? |
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Jul 26 2012, 10:16 PM
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Senior Member
785 posts Joined: Mar 2007 From: Kuala Lumpur |
hi all, after so many discussion, which company provide the best cost effective will writing service? thanks
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Jul 27 2012, 08:50 AM
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Elite
5,608 posts Joined: May 2011 From: Here, There, Everywhere |
QUOTE(hackwire @ Mar 13 2012, 10:55 PM) is Executor and Witness the same term here? Administrator is appointed legal firm am i right here? kinda confusing after reading all these info. 1. EXECUTOR and WITNESS ARE NOT the same termI was wondering if CIMB trustee , PB Trustee and OSK trustee were the same kind of institution who provide Will Writing Services and Execution? 2. ADMINISTRATOR is similar to EXECUTOR. ADMINISTRATOR = person in charge of the estate when someone dies without a Last Will and Testament, appointed by the deceased family's appointment EXECUTOR = person whom the deceased named in the Will to take charge of the estate 3. Yes - CIMB Trustee, PB Trustee does Will Writing Services, Storage of Will, changes as required by owner of Will and Execution. OSK i dunno Added on July 27, 2012, 8:56 am QUOTE(shakiraa @ Jul 26 2012, 10:16 PM) hi all, after so many discussion, which company provide the best cost effective will writing service? thanks "Best" depends on one's want of a Will / Wasiat - ie. how detailed and complicated, and having a "testamentary trust" created or not.Of the 4 i've checked out, my Will is currently with PB Trustee (note - i'm an Public Mutual "Gold" investor, thus it's "free" for me until i kaput and the Will is executed. Then costs will be deducted from my estate). What works for me, may not work for U - U may have properties and assets all over the world OR U may have very very specific credit protection requirements. Just a thought Added on July 27, 2012, 8:58 am QUOTE(Optiplex330 @ Nov 29 2011, 05:25 PM) 1. Assuming you wrote a will 20 years ago and in it, you list 2 reliable person as Executors. What if one of them passed away and you didn't change the original will so now you only have 1 Executor when you die. 1. Yup, left 1 to do the donkey work 2. Assuming both Executors are untrustworthy and decided to pocket some of your asset for themselves. Are there any authority/law etc to prevent that? 2. Nope, no air-tight protection/prevention - thus an Executor MUST be someone U trust. Why the heck would one appoint someone or a company that is untrustworthy? Generally, i think it's best to appoint someone or company that has MORE TO LOSE than your estate. eg. i can trust a super multi-millionaire with my estate execution of $1M coz he has more to lose if he screws around with my estate i won't trust a beggar with my estate execution as he will be willing to risk it as he has much less to lose even if caught This post has been edited by wongmunkeong: Jul 27 2012, 09:01 AM |
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Jul 27 2012, 12:11 PM
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Elite
5,608 posts Joined: May 2011 From: Here, There, Everywhere |
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Jul 27 2012, 06:44 PM
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Senior Member
3,019 posts Joined: Oct 2005 |
this is more important.
have you guys decide your epf nominations? btw, let me tell you some true facts. EPF doesnt give a damm bout your will. It follow only your EPF nomination list. |
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Aug 1 2012, 06:31 PM
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Senior Member
4,256 posts Joined: Jan 2005 |
EPF will songlap everything easily if the father and mother died in the accident. how can a kid claim the money from EPF? im still clueless.
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Aug 1 2012, 06:35 PM
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Elite
5,608 posts Joined: May 2011 From: Here, There, Everywhere |
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Aug 1 2012, 06:38 PM
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Senior Member
4,256 posts Joined: Jan 2005 |
hey got.. what choice do they have if small family. u think all folks have so many childrens meh . these days, beneficiary don't even go to your sis or brother lah. if u put wife name, what if both kaput?
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Aug 1 2012, 06:56 PM
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Elite
5,608 posts Joined: May 2011 From: Here, There, Everywhere |
QUOTE(hackwire @ Aug 1 2012, 06:38 PM) hey got.. what choice do they have if small family. u think all folks have so many childrens meh . these days, beneficiary don't even go to your sis or brother lah. if u put wife name, what if both kaput? er.. grand parents' as nominee lor.failing which, bestest friends that U can trust AND named as Guardians for minors if kaka happens. Right boh? Really no options/choices meh? Tak kan no one that can be trusted? |
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Aug 1 2012, 07:47 PM
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3,019 posts Joined: Oct 2005 |
QUOTE(hackwire @ Aug 1 2012, 06:31 PM) EPF will songlap everything easily if the father and mother died in the accident. how can a kid claim the money from EPF? im still clueless. of course can nominate kids in for your epf nomination. they can get it when they adult Added on August 1, 2012, 7:56 pm QUOTE(hackwire @ Aug 1 2012, 06:31 PM) EPF will songlap everything easily if the father and mother died in the accident. how can a kid claim the money from EPF? im still clueless. why are you even in this "will" thread?if you cant decide on your epf nomination, how on earth you can decide on your will? Note: changing epf nomination is free , cheaper and faster. and will does cost something and slower..... This post has been edited by john123x: Aug 1 2012, 07:56 PM |
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Aug 1 2012, 08:00 PM
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Junior Member
138 posts Joined: Nov 2011 |
Wrote WILL in diary counted?
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Aug 1 2012, 08:04 PM
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Elite
5,608 posts Joined: May 2011 From: Here, There, Everywhere |
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Aug 1 2012, 08:07 PM
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Senior Member
3,019 posts Joined: Oct 2005 |
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Aug 1 2012, 10:39 PM
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4,256 posts Joined: Jan 2005 |
haha.. let's get back to business. this place is a good discussion for will writing. what if the parents don't have anyone to trust and they want to create a will for their kids say toddler. they don't have guardian as well. i heard of trustee but it cost more than writing a will. is it true?
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Aug 2 2012, 08:20 AM
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Elite
5,608 posts Joined: May 2011 From: Here, There, Everywhere |
QUOTE(hackwire @ Aug 1 2012, 10:39 PM) haha.. let's get back to business. this place is a good discussion for will writing. what if the parents don't have anyone to trust and they want to create a will for their kids say toddler. they don't have guardian as well. i heard of trustee but it cost more than writing a will. is it true? Bro - if U have NO ONE AT ALL that U can trust to be your kids' guardians, they'll be going to the orphanage.Next Q (2). a. One can setup a "testamentary trust" in one's Will b. When one kicks the bucket, the Will will create a trust for the kids - to take care of their living costs and paid out to them lump sum upong xx age, etc. - all dependant on the words and criteria used in the testamentary trust Next Q (3). U heard of trustee but it cost more than writing a Will I heard a car cost more than my dog Bro - a Trustee is the person or organization that is managing your trust (see a type of trust in Q 2) VS a Will is the last wants / thoughts of someone and for Estate planning. How is one going to compare ar? OR U meant creating a Trust cost more than creating a Will? If U meant this, yes of course. A Trust is managed and executed by a Trustee for umpteenth months (well, usually), say for the years until one's kids attain the age of majority VS a Will which is just executed and then case closed. |
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Aug 2 2012, 10:35 AM
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Junior Member
57 posts Joined: Mar 2008 |
Some question to all those experience in having a will:
- When we create a will, does we need to take into account several scenario? In example, I died, all leave to my wife; if me and wife died, all leave to my son; if we all died, all leave to my parents and etc? - Will only counts for those properties and other item which does not have nomination? In example, EPF have nomination so it will be excluded? |
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Aug 2 2012, 10:56 AM
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Elite
5,608 posts Joined: May 2011 From: Here, There, Everywhere |
QUOTE(superhero_123 @ Aug 2 2012, 10:35 AM) Some question to all those experience in having a will: a. Yes - contingencies.- When we create a will, does we need to take into account several scenario? In example, I died, all leave to my wife; if me and wife died, all leave to my son; if we all died, all leave to my parents and etc? - Will only counts for those properties and other item which does not have nomination? In example, EPF have nomination so it will be excluded? it's like: I gift all 50% of my assets to my mother, 50% to my sister In the even that my mother does not survive me for 120 days, her portion is to go to my niece blah blah In the event that my niece does not blahah,. her portion is to go to UNICEF In the vent that my sister blah blha... etc etc I do this with my daughter's guardianship too. b. Yup. However, please note that certain "nominations" are BS nominations - ie. not recognized by Family Law or Syariah. eg. "nomination" for all royalties / commissions from Company ABC. Thus, i think it's best to state each and every income stream and asset in one's Asset List which is to be updated and attached to the Will. |
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Aug 2 2012, 11:19 AM
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Junior Member
190 posts Joined: Jun 2012 |
QUOTE(wongmunkeong @ Nov 25 2011, 08:48 AM) Side note to all Public Mutual Gold customers: Hi Wong M K,U can do a Will and let it be held & executed by PB Trustee. Get your Agent to service U on this (oo.. sounds kinky Up front Cost: $0 Back load cost (ie. when kaput and Will executed): 1% for the 1st $1M & 0.5% for anything above $1M, with minimum of er.. a few $Ks (less than $10K if i recall correctly - any bro can help here?) Personally i did it with PB Trustee even though i had a Will already drawn up with Executor being my sister, failing which my mother. Reasoning: My sis aint a pro in this kinda thing and it takes effort and time + some kaka may happen, thus screwing up the process/speed. Haiya - pay professionals to execute lar (ie. company, not a person), 1% + 0.5% is nothing in terms of % to move total net worth IMHO. The sum may look big but as a %, no biggie and it is the % left for my beneficiaries that i am focused on. end of spiel May I know why you do not choose PB Trustee as your executor instead of your sister? I heard the process can be quite demanding. So, why don't let the pros do it? |
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Aug 2 2012, 11:24 AM
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Elite
5,608 posts Joined: May 2011 From: Here, There, Everywhere |
QUOTE(highcourt @ Aug 2 2012, 11:19 AM) Hi Wong M K, huh? Bro, i did move to PB Trustee leh.May I know why you do not choose PB Trustee as your executor instead of your sister? I heard the process can be quite demanding. So, why don't let the pros do it? Which part of my previous post did i state i chose my Sis instead of PB Trustee? I think your speed reading skills gotta go bit slower until perfected snipped from previous post. Personally i did it with PB Trustee even though i had a Will already drawn up with Executor being my sister, failing which my mother. Reasoning: My sis aint a pro in this kinda thing and it takes effort and time + some kaka may happen, thus screwing up the process/speed. Haiya - pay professionals to execute lar (ie. company, not a person), 1% + 0.5% is nothing in terms of % to move total net worth IMHO. The sum may look big but as a %, no biggie and it is the % left for my beneficiaries that i am focused on. |
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Aug 2 2012, 11:32 AM
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Junior Member
190 posts Joined: Jun 2012 |
QUOTE(wongmunkeong @ Aug 2 2012, 11:24 AM) huh? Bro, i did move to PB Trustee leh. No, you mention you choose your sis as Executor and the Will drawn up with PB Trustee. Why don't use PB Trustee as Executor as well?Which part of my previous post did i state i chose my Sis instead of PB Trustee? I think your speed reading skills gotta go bit slower until perfected snipped from previous post. Personally i did it with PB Trustee even though i had a Will already drawn up with Executor being my sister, failing which my mother. Reasoning: My sis aint a pro in this kinda thing and it takes effort and time + some kaka may happen, thus screwing up the process/speed. Haiya - pay professionals to execute lar (ie. company, not a person), 1% + 0.5% is nothing in terms of % to move total net worth IMHO. The sum may look big but as a %, no biggie and it is the % left for my beneficiaries that i am focused on. |
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Aug 2 2012, 11:33 AM
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Elite
5,608 posts Joined: May 2011 From: Here, There, Everywhere |
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Aug 2 2012, 11:39 AM
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Junior Member
190 posts Joined: Jun 2012 |
QUOTE(wongmunkeong @ Aug 2 2012, 11:33 AM) Ok, got what you mean. Thx. If you choose PB Trustee as executor, no need to nominate another contingency candidate right because a trust is perpetual? BTW, do you know how much to change a will and how long? |
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Aug 2 2012, 12:58 PM
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Senior Member
1,216 posts Joined: Mar 2009 From: Cut Throat Land |
Will writers are starting to look/sound like MLMs
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Aug 2 2012, 02:19 PM
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Elite
5,608 posts Joined: May 2011 From: Here, There, Everywhere |
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Aug 2 2012, 02:29 PM
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Junior Member
124 posts Joined: Dec 2011 |
rich people leave a will... poor people leave a bill
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Aug 2 2012, 02:39 PM
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Elite
5,608 posts Joined: May 2011 From: Here, There, Everywhere |
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Aug 3 2012, 09:08 AM
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Junior Member
124 posts Joined: Dec 2011 |
good luck with that bro...
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Aug 3 2012, 10:42 AM
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All Stars
24,454 posts Joined: Nov 2010 |
just read this thred briefly... i'm looking at the pb trustee way, had a look at some of the docs...
some issues in last 2 pages: ~ wills can be done with private lawyer, cos. like rockwills or bank trustees like pb trustee. ~ epf - yr nomination of beneficiary with epf is firm by law, a will can't override that, so pls change with epf if you need. ~ wongmunkeong has given a lot of info and details about pb trustee, pls read his posts again if interested! ~ imo, pb trustee is attractive because the 3 parts for costs are lower than most others: 1. will writing 50% off std rm500 if you have mutual gold, red carpet, platinum card, 50plus, etc. with them. 2. will custody service at rm80 per year or rm800 a life time - this is waived if you use them as sole executor in 3. 3. sole executor service charge - 1% for 1st 1mil, min rm3k - payable only when you're dead and hv no use for any money, so dun worry la. a will is to make it easier for the beneficiaries to get the money as the trustee is a pro. w/o it, someone in the family will need to do all that, run around, etc. if there is a lawyer in the family or extended, maybe it's a lot easier w/o a will. |
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Aug 3 2012, 11:55 AM
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Junior Member
190 posts Joined: Jun 2012 |
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Aug 3 2012, 12:11 PM
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Junior Member
124 posts Joined: Dec 2011 |
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Aug 14 2012, 01:44 PM
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Junior Member
218 posts Joined: May 2008 |
Has anybody tried do-it-yourself Legal Will: The Original Malaysian Legal Will Kit ?
I'm thinking of D-I-Y, cheaper... |
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Aug 14 2012, 01:51 PM
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Elite
5,608 posts Joined: May 2011 From: Here, There, Everywhere |
QUOTE(creativ @ Aug 14 2012, 01:44 PM) Has anybody tried do-it-yourself Legal Will: The Original Malaysian Legal Will Kit ? Yup DIY cheaper then as your net worth grows, U may want to do it professionally and STORED safely + EXECUTED professionally too.I'm thinking of D-I-Y, cheaper... Unless U have an Executor U trust AND who knows the ins/outs of what to do at the courts, banks, investment houses, etc. that affects the speed of access by the beneficiaries. Not easy being an Executor leh. Note - as a start, yes DIY Wills is better than zilch. As one's net worth grows, U may want to be more prudent - dont be penny wise and pound foolish, for your loved ones who are economically dependent on U. Just a thought |
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Aug 16 2012, 12:10 AM
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Junior Member
218 posts Joined: May 2008 |
QUOTE(wongmunkeong @ Aug 14 2012, 01:51 PM) Yup DIY cheaper then as your net worth grows, U may want to do it professionally and STORED safely + EXECUTED professionally too. QUOTE(wongmunkeong @ Aug 14 2012, 01:51 PM) Note - as a start, yes DIY Wills is better than zilch. wongmunkeong, I think you'd made a few good points. My net worth is not much (yet |
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Aug 19 2012, 07:37 PM
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Junior Member
41 posts Joined: Aug 2012 |
I have 2 questions and appreciate any answers.
1) I understand that EPF and insurance policies are excluded from will. What happens if husband names wife as beneficiaries in both EPF and insurance policies but both die together? Do the will take effect then? If not, who gets the money? 2) Imagine the scenario where husband names wife and 3 kids as beneficiaries and the surviving member(s) get all the shares BUT what happens if ALL die together? Assume no other persons are named as beneficiaries. What happens to the assets of the deceased(husband)? Does it then get distributed according to Malaysian law? Or the government takes it? |
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Aug 20 2012, 08:19 AM
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Senior Member
601 posts Joined: Sep 2008 |
cant i just write my will on a paper and tell everyone in my family ' this is my will if i die read this'? why do you need money for everything these days?
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Aug 20 2012, 09:18 AM
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Elite
5,608 posts Joined: May 2011 From: Here, There, Everywhere |
QUOTE(gtasaboss @ Aug 20 2012, 08:19 AM) cant i just write my will on a paper and tell everyone in my family ' this is my will if i die read this'? why do you need money for everything these days? Your're right, of course U canHowever, U need 2 witnesses who should not be beneficiaries + named Executors who U trust AND know how to execute your Will in accordance to the law. In addition, certain clauses should be in, in case U have commissions, royalties, etc still coming in AND a few other considerations if U want to exclude certain close parties from your Will (thus they may try and challenge). It's just like car servicing and repairs or plumbing - sure U can do it yourself if U know how. The only extra complication is the EXECUTOR and law of the land that one has to know and deal with, all to ensure your loved ones are taken care of when, not IF, one kicks the bucket Note: If one is OK that it may take 2 to 4 years, even with a valid and uncontested Will, then i guess any Tom, d*** or Harry can be an Executor gua - hopefully by then, loved ones doesn't starve to death This post has been edited by wongmunkeong: Aug 20 2012, 09:40 AM |
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Oct 21 2012, 07:43 PM
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Senior Member
7,446 posts Joined: Sep 2008 |
Guys, I need your advice. I am a muslim. I have read some information and preparing to write a will. Just a question here. Must a muslim follow faraid?
If I prepare a will that doesnt follow faraid, could anyone within my family members can claim it is not valid? |
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Oct 22 2012, 09:20 PM
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Junior Member
21 posts Joined: Jul 2012 |
Muslim Wills
- 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. - 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. |
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Jul 30 2013, 09:49 PM
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Junior Member
13 posts Joined: Jul 2013 |
QUOTE(gtasaboss @ Aug 20 2012, 08:19 AM) cant i just write my will on a paper and tell everyone in my family ' this is my will if i die read this'? why do you need money for everything these days? If you don't have a Will when you pass away, family have to pay more legal fees later and wait longer to get your assets.With a simple piece of paper, how can the authorities know if that is your genuine intention or if someone else wrote on a piece of paper. The proper process to with or without a Will to transfer assets when a person dies is to protect all parties involved. |
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Jul 30 2013, 10:46 PM
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Senior Member
5,875 posts Joined: Sep 2009 |
QUOTE(b00n @ Mar 10 2010, 11:54 PM) My family in laws will is with Public trustee. They send updated forms on an annual basis to see whether or not there's any asset updates. Yes it is free for now but when the unfortunate happens that is when they will make their money, Read their wills carefully!It was free for them as they are Mutual Gold customers. |
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Jul 31 2013, 05:21 PM
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Junior Member
13 posts Joined: Jul 2013 |
QUOTE(guy3288 @ Jul 30 2013, 10:46 PM) Yes it is free for now but when the unfortunate happens that is when they will make their money, Read their wills carefully! Agreed. Usually for such free Wills by banks etc, they will put their company as executor and trustee. When the testator dies,the fees are usually a percentage of the total asset value |
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Jul 31 2013, 05:22 PM
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Senior Member
646 posts Joined: May 2006 |
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Aug 1 2013, 11:51 AM
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Senior Member
1,423 posts Joined: Aug 2010 From: Sarawak |
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Aug 1 2013, 01:47 PM
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Senior Member
2,546 posts Joined: Jan 2003 |
Anybody know any good document template in writing will? preferably DIY approach
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Aug 10 2013, 12:35 PM
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Senior Member
1,556 posts Joined: Jan 2003 |
i'm wondering how Rockwill know that their clients pass away? is it informed by the 2 witnesses that the client choosen when writing the will?
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Aug 10 2013, 11:34 PM
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Senior Member
2,503 posts Joined: Jan 2003 From: http://davis-online-store.com |
Did anybody try CIMBclicks will writing facility? How they charge us?
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Aug 11 2013, 08:06 AM
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Elite
5,608 posts Joined: May 2011 From: Here, There, Everywhere |
QUOTE(labtec @ Aug 10 2013, 12:35 PM) i'm wondering how Rockwill know that their clients pass away? is it informed by the 2 witnesses that the client choosen when writing the will? via Crystal Balls? seriously labtec, the beneficiaries are the triggers lar Testator should instruct them to contact who & who (ie in this case, Rockwill & whatever funeral arrangements) if the testator kicks the bucket lar if one can't even plan the above ahead, no need Will lor.. coz i'm sure that same person wont even bother listing and updating his/her assets out. Without an updated asset list, how lar can the Executors (ie. Rockwill) execute the Will properly? Just a thought |
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Aug 11 2013, 10:11 AM
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Senior Member
1,110 posts Joined: Oct 2008 |
QUOTE(wongmunkeong @ Aug 11 2013, 08:06 AM) via Crystal Balls? Wong, excluding epf value, how much net worth a person should have before switching from DIY to professional will writing...seriously labtec, the beneficiaries are the triggers lar Testator should instruct them to contact who & who (ie in this case, Rockwill & whatever funeral arrangements) if the testator kicks the bucket lar if one can't even plan the above ahead, no need Will lor.. coz i'm sure that same person wont even bother listing and updating his/her assets out. Without an updated asset list, how lar can the Executors (ie. Rockwill) execute the Will properly? Just a thought |
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Aug 11 2013, 10:37 AM
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Elite
5,608 posts Joined: May 2011 From: Here, There, Everywhere |
QUOTE(kaiserwulf @ Aug 11 2013, 10:11 AM) Wong, excluding epf value, how much net worth a person should have before switching from DIY to professional will writing... Hm.. tricky Q, no specific answer as it depends.Just to clarify: One's Will is for everything that has a. no nomination - thus U are right on the EPF portion, insurances, etc b. not held in trust - eg. Public Mutual funds's trust nominees can be done to avoid time & hassle of Will, etc. c. has no auto/specific survivor-ship clause - eg. joint bank a/c, some joint mutual funds a/c, some mutual funds beneficiary a/cs (eg FSM) Thus, taking into consideration of the above, my personal thoughts as to WHEN to go for professional Will writing: 1. Based on cost sensitivity a. When my assets EXCLUDING home + EXCLUDING the above (a. to c.) is > $300K Reason: hehe - PB Trustee charges a minimum of $3K to execute a Will (ie. when i die, it'll cost at least $3K to execute), with first $1M assets *1% and subsequent $ *0.5% Why i excluded home? It's not $ that my family needs to live on - thus can take time. b. When my assets EXCLUDING home + EXCLUDING the above (a. to c.) is > $90K Reason: PB Trustee charges $500 less $50 if they are the holder & executor for standard Will writing services if one is not Mutual Gold. Thus, cost me 0.5% to write a Will, ok lar. 2. Based on dependents a. When i have dependents that will severely be affected economically by my death, thus speed of execution and getting the $ & assets to them is critical (assuming all the nominations pun tak cukup lar) Please note that the above is just my personal thoughts and execution (yes, when I wrote my first "professional Will", these were the reasoning). In addition, i am not working for PB Trustee yar - just that i find their services cost effective and executionally effective when i'm gone VS lawyers & other options i checked out. Your mileage may vary FYI - i'm now reasoning out WHEN it is worthwhile to create a "Testamentary Trust" - ie. when i die, a trust fund will be created to manage my investments and to payout to my loved ones & charities. Thus far, looks like it'll only be worthwhile cost-wise, management-wise VS payout-wise when i've about RM3M+/- of investment assets. Aaargh... Reason for a Testamentary Trust? Simple - i dont want to destroy my love ones with lump chunks of $. U know the cases of lottery winners and also inheritors - where they spend all and get into MORE DEBT than without the lottery winnings/inheritance, right? This post has been edited by wongmunkeong: Aug 11 2013, 10:37 AM |
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Aug 11 2013, 05:39 PM
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Senior Member
1,110 posts Joined: Oct 2008 |
Hey man, thanks for the quick reply...and detailed too
OK. 300k then can do preffessional will writing... I tot of getting will written when 1st baby out. What about your wife? whats your take on will writing and your spouse. She got her will done as well? |
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Aug 11 2013, 05:46 PM
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Elite
5,608 posts Joined: May 2011 From: Here, There, Everywhere |
QUOTE(kaiserwulf @ Aug 11 2013, 05:39 PM) Hey man, thanks for the quick reply...and detailed too My wife?OK. 300k then can do preffessional will writing... I tot of getting will written when 1st baby out. What about your wife? whats your take on will writing and your spouse. She got her will done as well? heheh.. most of her assets are in vehicles with nomination - ie EPF & mutual funds. In addition, not much economic impact to family. Thus, no burning reason yet er.. when your 1st born is out? Just FYI - dont nominate nor Will to minors yar (below 18). Nominate or Will to trustee on behalf ok, else koyak - child cant touch until 18, eat grass till them Just worried - if U know liao, no worries - i'm just a worry wart This post has been edited by wongmunkeong: Aug 11 2013, 05:50 PM |
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Aug 11 2013, 06:05 PM
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Senior Member
1,110 posts Joined: Oct 2008 |
Sex to make baby next year... By then will hit >300k assets bar, so it will be good to write the will... Yeah, plan to bequeath to wife and some for parents while they are alive...
Now to think of it MRTA, the house will belong to me when I pass away? Can i give it debt free to wifey? |
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Aug 11 2013, 06:12 PM
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Elite
5,608 posts Joined: May 2011 From: Here, There, Everywhere |
QUOTE(kaiserwulf @ Aug 11 2013, 06:05 PM) Sex to make baby next year... By then will hit >300k assets bar, so it will be good to write the will... Yeah, plan to bequeath to wife and some for parents while they are alive... Yup yup - good idea / do-able for all of the above, especially house to wife, debt free.Now to think of it MRTA, the house will belong to me when I pass away? Can i give it debt free to wifey? In future, if i may suggest - a cheap term life to cover mortgages may be better, especially if U are a Public Mutual investor. Like a "cover-all" insurance I've $500K covered with Public Mutual - AIA Life Plus 2 for $2400+/-. The kicker is if i die due to accident, DOUBLE payout! At our current age (30s-40s) and forseeable 5 to 10 years, if anything happens, it's usually due to accident (statistically). Just sharing yar, no right/wrong - just me, Wong This post has been edited by wongmunkeong: Aug 11 2013, 06:12 PM |
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Aug 11 2013, 10:28 PM
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Senior Member
1,556 posts Joined: Jan 2003 |
QUOTE(wongmunkeong @ Aug 11 2013, 08:06 AM) via Crystal Balls? Ic, thanks for the help Wong. seriously labtec, the beneficiaries are the triggers lar Testator should instruct them to contact who & who (ie in this case, Rockwill & whatever funeral arrangements) if the testator kicks the bucket lar if one can't even plan the above ahead, no need Will lor.. coz i'm sure that same person wont even bother listing and updating his/her assets out. Without an updated asset list, how lar can the Executors (ie. Rockwill) execute the Will properly? Just a thought How about my 2 witnesses? can they help to inform the rockwill too? for executor part, I can choose rockwill or other lawyer right? |
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Aug 12 2013, 08:34 AM
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Elite
5,608 posts Joined: May 2011 From: Here, There, Everywhere |
QUOTE(labtec @ Aug 11 2013, 10:28 PM) Ic, thanks for the help Wong. Yup, U are right - your 2 witnesses can help trigger the keeper of your Will & Executor (may be 2 different entities)How about my 2 witnesses? can they help to inform the rockwill too? for executor part, I can choose rockwill or other lawyer right? er.. however U sure your witnesses will do so when they have nothing to gain? ie. WIIFM (what's in it for me?) thus they may not be "too urgent" to trigger Executor? yeah - lawyer, Rockwill, a learned close friend or family. Personally, i chose the corporate entity (ie. PB Trustee) due to logic (er.. posted somewhere in this thread/topic earlier i think - if U can't find it & want to know, drop me a line here) Just a thought |
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Aug 12 2013, 09:41 AM
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Validating
1,525 posts Joined: Oct 2012 |
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Sep 5 2013, 10:16 PM
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Senior Member
941 posts Joined: Aug 2008 |
Is will writing require to list down the asset one by one? Or can have generic term that all the assets belong to someone?
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Sep 5 2013, 10:31 PM
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Senior Member
10,001 posts Joined: May 2013 |
M looking for will providers
Mind to recommend which 1 is good |
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Sep 5 2013, 10:34 PM
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Elite
5,608 posts Joined: May 2011 From: Here, There, Everywhere |
QUOTE(almeizer @ Sep 5 2013, 10:16 PM) Is will writing require to list down the asset one by one? Or can have generic term that all the assets belong to someone? IMHO:One SHOULD list down all assets "one by one" (ie. details like bank a/c #, stocks in which CDS or nominee a/c, mutual funds, properties, etc.) for "Asset List" that the Executor of the Will to know what one estate has lar. If U mean list "one by one" to give who, no need lar, just list % Only things U may want to be specific are like properties and vehicles, thus that are HARD to own by many parties OR may cause WAR among the parties (some wants to keep, some wants to sell, some couldnt be bothered flying in from AU/UK/US to sign-off - ALL STUCK) And.. no.. all the assets belong to Testator (Will writer/owner lar). When given to beneficiary/ies, then only belong to someone else Anything BELONGING TO SOMEONE ELSE and not Testator is called debt heheh. Yes yes - best to list down who U own (creditors) too, other than "Asset List" Just a thought |
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Sep 5 2013, 11:14 PM
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Senior Member
941 posts Joined: Aug 2008 |
QUOTE(wongmunkeong @ Sep 5 2013, 10:34 PM) IMHO: I mean all assets belong to someone is that all the assets will have 1 beneficiary, maybe my wife. Wonder is it possible without list down the assets? Because the assets might change or have new assets i.e, property, car, bank account, etc. Then we require to update the will frequently. One SHOULD list down all assets "one by one" (ie. details like bank a/c #, stocks in which CDS or nominee a/c, mutual funds, properties, etc.) for "Asset List" that the Executor of the Will to know what one estate has lar. If U mean list "one by one" to give who, no need lar, just list % Only things U may want to be specific are like properties and vehicles, thus that are HARD to own by many parties OR may cause WAR among the parties (some wants to keep, some wants to sell, some couldnt be bothered flying in from AU/UK/US to sign-off - ALL STUCK) And.. no.. all the assets belong to Testator (Will writer/owner lar). When given to beneficiary/ies, then only belong to someone else Anything BELONGING TO SOMEONE ELSE and not Testator is called debt heheh. Yes yes - best to list down who U own (creditors) too, other than "Asset List" Just a thought Also, is the will wrote in Malaysia can enforce for any assets at oversea (Singapore)? |
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Sep 5 2013, 11:19 PM
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Elite
5,608 posts Joined: May 2011 From: Here, There, Everywhere |
QUOTE(almeizer @ Sep 5 2013, 11:14 PM) I mean all assets belong to someone is that all the assets will have 1 beneficiary, maybe my wife. Wonder is it possible without list down the assets? Because the assets might change or have new assets i.e, property, car, bank account, etc. Then we require to update the will frequently. Your "wondering" was already responded to, see % in my thoughts/feedback.Also, is the will wrote in Malaysia can enforce for any assets at oversea (Singapore)? Hm.. my English aint working well.. perhaps i need more coffee... Enforcement - i think this was visited somewhere in this thread.. too lazy & late now to bother.. <staggers off to zzz> This post has been edited by wongmunkeong: Sep 5 2013, 11:22 PM |
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Sep 12 2013, 11:07 PM
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Junior Member
13 posts Joined: Jul 2013 |
QUOTE(almeizer @ Sep 5 2013, 11:14 PM) I mean all assets belong to someone is that all the assets will have 1 beneficiary, maybe my wife. Wonder is it possible without list down the assets? Because the assets might change or have new assets i.e, property, car, bank account, etc. Then we require to update the will frequently. Slightly better to list down & update when you buy/sell ur properties. List down, no confusion for beneficiary/executorAlso, is the will wrote in Malaysia can enforce for any assets at oversea (Singapore)? Come to things like bank account, if too many, no need to list down but have a separate list so tht 1 day, goto heaven, executor easier job B'cos of the way will writing co charge, list down everything, cost will be high. Will in M'sia can cover asset in S'pore except CPF. As long as property has no restriction on foreigner, no issue to pass on |
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Sep 20 2013, 05:02 PM
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Senior Member
941 posts Joined: Aug 2008 |
May I know what is the pros and cons for appointing the Will Writing Company (e.g. PB Trustee) as Sole Executor and Trustee?
Why PB Trustee give so much free things when appoint them as Sole Executor and Trustee? Otherwise, more charges will impose. » Click to show Spoiler - click again to hide... « This post has been edited by almeizer: Sep 20 2013, 05:03 PM |
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Nov 15 2013, 02:41 AM
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Junior Member
125 posts Joined: Dec 2011 |
Let's say if got a 15 years old trustee (will) from a law firm but this law firm is no longer in business, and also cannot
find this lawyer who wrote this trustee anymore, is this trustee still valid by law? This post has been edited by DiamondBar: Nov 15 2013, 03:08 AM |
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Mar 17 2014, 10:30 PM
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Junior Member
65 posts Joined: Feb 2014 |
Hello All -
I'd kindly like to ask about creating WILLS or Wasiat since my colleague who's foreigner asking me. He doesn't have property here, however, he only has EPF and Car. His purpose is to ensure his family can get the EPF easily, and fast if he's passed away. I tried to Google the information, and found that there are fews banks that he can liaise to: CIMB, and Maybank. The other is amanah raya:http://www.amanahraya.com.my/arbwos/References/about.asp . If I want to give him suggestion which one that I can suggest to him. Is it amanah raya? If considering the fast and certainly his wife can get the EPF, and as well the process to get not complicated, which one is the one I can suggest. Kindly please ask your thoughts, and appreciate much. Thanks, and cheers, |
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Mar 17 2014, 10:45 PM
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Elite
5,608 posts Joined: May 2011 From: Here, There, Everywhere |
QUOTE(Naomi_Abi @ Mar 17 2014, 10:30 PM) Hello All - EPF for foreigners cant do nomination ka?I'd kindly like to ask about creating WILLS or Wasiat since my colleague who's foreigner asking me. He doesn't have property here, however, he only has EPF and Car. His purpose is to ensure his family can get the EPF easily, and fast if he's passed away. I tried to Google the information, and found that there are fews banks that he can liaise to: CIMB, and Maybank. The other is amanah raya:http://www.amanahraya.com.my/arbwos/References/about.asp . If I want to give him suggestion which one that I can suggest to him. Is it amanah raya? If considering the fast and certainly his wife can get the EPF, and as well the process to get not complicated, which one is the one I can suggest. Kindly please ask your thoughts, and appreciate much. Thanks, and cheers, For locals, go to EPF website, print out form, sign & get witness to sign - go EPF, done. Why bother with Will or Wasiat if just EPF? Unless... heheh.. something more than meets the eye. This post has been edited by wongmunkeong: Mar 17 2014, 10:46 PM |
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Mar 17 2014, 11:19 PM
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Senior Member
546 posts Joined: Sep 2010 |
QUOTE(Naomi_Abi @ Mar 17 2014, 10:30 PM) Hello All - Hi Naomi, I'd kindly like to ask about creating WILLS or Wasiat since my colleague who's foreigner asking me. He doesn't have property here, however, he only has EPF and Car. His purpose is to ensure his family can get the EPF easily, and fast if he's passed away. I tried to Google the information, and found that there are fews banks that he can liaise to: CIMB, and Maybank. The other is amanah raya:http://www.amanahraya.com.my/arbwos/References/about.asp . If I want to give him suggestion which one that I can suggest to him. Is it amanah raya? If considering the fast and certainly his wife can get the EPF, and as well the process to get not complicated, which one is the one I can suggest. Kindly please ask your thoughts, and appreciate much. Thanks, and cheers, As far as EPF savings is concerned, your question has been answered. If he has a will written back in his country of origin, it will covers all of the movable assets - cash,equity,etc, both in his country of origin and foreign. As for immovable assets - property, vehicles and etc, only the immovable assets back in his country of origin will be covered. Since he owns a car here in Malaysia and perhaps property in near future, he is advised to have his will written here in Malaysia too. Yes, Amanah Raya Trustees Berhad (ARTB) is one of the best trustee in Malaysia. |
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Apr 26 2014, 04:17 PM
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Junior Member
218 posts Joined: May 2008 |
Does anybody know the charges for CIMB Wills Online? Pros/cons?
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May 30 2014, 08:28 PM
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Junior Member
23 posts Joined: May 2014 From: Kuala Lumpur |
QUOTE(Naomi_Abi @ Mar 17 2014, 10:30 PM) Hello All - If the guy is foreigner, he should go to EPF office to state beneficiary name and bring along witness as well. Witness cannot be the beneficiary.I'd kindly like to ask about creating WILLS or Wasiat since my colleague who's foreigner asking me. He doesn't have property here, however, he only has EPF and Car. His purpose is to ensure his family can get the EPF easily, and fast if he's passed away. I tried to Google the information, and found that there are fews banks that he can liaise to: CIMB, and Maybank. The other is amanah raya:http://www.amanahraya.com.my/arbwos/References/about.asp . If I want to give him suggestion which one that I can suggest to him. Is it amanah raya? If considering the fast and certainly his wife can get the EPF, and as well the process to get not complicated, which one is the one I can suggest. Kindly please ask your thoughts, and appreciate much. Thanks, and cheers, However, for those persons are Muslim in Malaysia, they are required go to EPF office to do nomination as well. However, the nomination person role is nominee, not beneficiary. As such, it is required muslim to write a wasiat to distribute the EPF money to beneficiary according to Faraid rules. |
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May 30 2014, 08:47 PM
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Senior Member
6,562 posts Joined: Jan 2003 From: Kuala Lumpur |
Hey guys, I am a Wasiat writer for Public Bank Trustee. Post ANY questions regarding wasiat here and I will do my best to answer them
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May 31 2014, 02:50 PM
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Junior Member
627 posts Joined: Apr 2011 |
Which one you guys think can be the most effective executor for the will? ARB, Banks or Rockwills? Pls advise..
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May 31 2014, 03:49 PM
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Junior Member
145 posts Joined: Feb 2012 |
QUOTE(DiamondBar @ Nov 15 2013, 02:41 AM) Let's say if got a 15 years old trustee (will) from a law firm but this law firm is no longer in business, and also cannot Will is valid regardless who wrote it as long as it is Last Will and signed by all relevant parties.find this lawyer who wrote this trustee anymore, is this trustee still valid by law? Problem is, is the content still relevant, after 15 years? |
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May 31 2014, 03:53 PM
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Junior Member
145 posts Joined: Feb 2012 |
QUOTE(creativ @ Aug 14 2012, 01:44 PM) Has anybody tried do-it-yourself Legal Will: The Original Malaysian Legal Will Kit ? IF you DIY plumbing problem, you can live with the error, if any, or you know the error, if any.I'm thinking of D-I-Y, cheaper... If you DIY Will, you might not know your error. by the time (Execution), it is too late. |
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May 31 2014, 06:26 PM
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Junior Member
145 posts Joined: Feb 2012 |
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May 31 2014, 10:36 PM
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All Stars
14,990 posts Joined: Jan 2003 |
Check this out :
http://www.mahwengkwai.com/wills-in-malaysia/ If you follow these instructions, your will should be valid. Why wouldn't it be anyway, how many million do you have to give away |
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May 31 2014, 11:41 PM
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Senior Member
3,294 posts Joined: Dec 2005 |
Now M2U can do online will!
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Jul 20 2014, 10:24 PM
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Senior Member
2,549 posts Joined: Dec 2004 From: Sungai Petani, Kedah |
After write will. Insert executor, and nominee. Do we still need lawyer to process the will when owner pass away?
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Jul 20 2014, 11:19 PM
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Junior Member
92 posts Joined: Jul 2007 |
anyone did Will with M2U online? looking for a cheap option as most likely I will get a proper one drafted by lawyer after I got my first kid.
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Jul 21 2014, 08:00 AM
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Elite
5,608 posts Joined: May 2011 From: Here, There, Everywhere |
QUOTE(wodenus @ May 31 2014, 10:36 PM) Check this out : Yup, "small got small game", "big got big game".http://www.mahwengkwai.com/wills-in-malaysia/ If you follow these instructions, your will should be valid. Why wouldn't it be anyway, how many million do you have to give away When no millions - DIY will enough - just make sure the structure and wordings are good as per wodenus' shared-link. When have millions - in my humble opinion, go to Trust companies better than common legal firm. Common legal firms - will they last longer than the Will? Additional logic - when have millions, one wont just do a Will but a Trust fund to protect love ones from being "destroyed" by sudden lump of $ ("lottery winners curse"). Just a thought |
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Jul 21 2014, 08:34 AM
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All Stars
10,722 posts Joined: Nov 2011 |
QUOTE(wodenus @ May 31 2014, 11:36 PM) Check this out : I have done own will.http://www.mahwengkwai.com/wills-in-malaysia/ If you follow these instructions, your will should be valid. Why wouldn't it be anyway, how many million do you have to give away I am not rich but not poor too. My institute, mia teach us how to do our own will before that was like 7 years ago. But i only did mine recently. This post has been edited by tikaram: Jul 21 2014, 08:35 AM |
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Jul 24 2014, 09:12 AM
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Junior Member
107 posts Joined: Jun 2009 |
writing a will with professional firm will charge you from few hundred to few k. but it's just the only first step of your asset distribution..the main charge you need to bare of distribution is come after decease..from 1% to 4% of your total asset!!! and its still not include legal cost yet..
in writing your own will, many factor need to be consider such as who will be your executor? who will be the guarantor? who is the trustee? is your executor have the ability to complete whole distribution process? is your will cover all the asset your left? beside will, there are many other tools you can consider for distribution such as trust, power of attorney, insurance, epf etc.. |
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Jul 24 2014, 11:39 AM
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Elite
5,608 posts Joined: May 2011 From: Here, There, Everywhere |
QUOTE(desertkids @ Jul 24 2014, 09:12 AM) writing a will with professional firm will charge you from few hundred to few k. but it's just the only first step of your asset distribution..the main charge you need to bare of distribution is come after decease..from 1% to 4% of your total asset!!! and its still not include legal cost yet.. When DIY or making a Will to be executed by family/friend - the "guarantor" will usually be the "oh oh.. i should have thought of that" - especially if the Estate is substancial VS cheapskate Testator thinking of saving 1%-2% of total Estate by DIY-ing in writing your own will, many factor need to be consider such as who will be your executor? who will be the guarantor? who is the trustee? is your executor have the ability to complete whole distribution process? is your will cover all the asset your left? beside will, there are many other tools you can consider for distribution such as trust, power of attorney, insurance, epf etc.. |
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Jul 24 2014, 01:23 PM
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Junior Member
117 posts Joined: Oct 2011 |
Will Writing Services with Amanah Raya or As Salihin
On every Tuesday - there will be offer for Amanah Raya and As Salihin Will Writing Services! Amanah Raya - NP: RM350 *NOW RAYA PROMO PRICE - RM250 only!* As Salihin - NP: RM1280 *NOW RAYA PROMO PRICE - RM980 only!* Promotion ends on 30 September 2014. Offer only applicable on every Tuesday, normal price applies for other days. Offered by Al Rajhi Bank Malaysia Contact Ms.Ng 012-3307835 |
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Jul 24 2014, 02:17 PM
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Elite
5,608 posts Joined: May 2011 From: Here, There, Everywhere |
QUOTE(Zuyee88 @ Jul 24 2014, 01:23 PM) Will Writing Services with Amanah Raya or As Salihin May i know the cost of execution when Testator kaputs?On every Tuesday - there will be offer for Amanah Raya and As Salihin Will Writing Services! Amanah Raya - NP: RM350 *NOW RAYA PROMO PRICE - RM250 only!* As Salihin - NP: RM1280 *NOW RAYA PROMO PRICE - RM980 only!* Promotion ends on 30 September 2014. Offer only applicable on every Tuesday, normal price applies for other days. Offered by Al Rajhi Bank Malaysia Contact Ms.Ng 012-3307835 |
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Jul 24 2014, 10:41 PM
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Senior Member
984 posts Joined: Nov 2008 |
If you do not own any business, it is easy to write yr own will. Everything is straightforward. I wrote my own will. But make sure the witnesses to your will are those who are easy to locate when you pass away.
The introductory part is mostly the same: IDENTIFICATION This is the last Will of me,....................... (IC No:.......) of ................(Address) REVOCATION I revoke all previous Wills and Testamentary documents made by me. EXECUTOR APPOINTMENT I appoint my wife ..........(IC NO. ) of ..............in the State of ........, Malaysia To be the Executor(s) of this my Will and Trustee(s) of my Estate. If my wife predecease me or are unable or unwilling to fulfill this role then, I appoint ...............(IC NO.......) of .......... in the State of .........., Malaysia as Executor and Trustee of my Estate. SPECIFIC BEQUESTS I make the following special bequest:- To my son ........ (IC NO. ............) of ...............in the State of .... Malaysia, I leave free of all costs my house at ..............., Malaysia. RESIDUAL ESTATE I hereby leave the residue of my estate, both personal and real, subject to other provisions in this Will and after payment of my debts, funeral and administrative expenses associated with this Will To my wife, ........ (IC No ............) and to my daughter .........(IC No...) in equal shares OTHERS IF any of the abovementioned beneficiaries shall die, the surviving beneficiary(ries) shall be entitled in equal shares and free of all cost to the respective shares in my estate including my residual estate that the deceased beneficiary would have taken PROVIDED THAT the surviving beneficiary is alive at the time of distribution of my estate. ATTESTATION OF WILL Dated this day of in the year Signature of Will-maker ______________________________________________ Signed by the Will-maker as his/her last Will in the presence of both of us being present at his/her request at the same time and in the presence of each other and the Will-maker, hereunto subscribe our names as Witnesses. Signature of Witness Signature of Witness ----------------------------------- ------------------------- Full name : Full Name : IC No : IC No : Date of Birth : Date of Birth : Address : Address : Occupation : Date : ----------------------------------- Full name : IC No : Date of Birth : Address : Occupation : Date : * the executor can be a beneficiary of the will* * the beneficiary cannot be a witness to the will * This is a simple will for those who does not own any business. If you do own business, then it is advisable to consult a lawyer. Many people change their will often as a will can go out of date due to new developments in life. I have acted as an executor of my parents estate & I know that if your beneficiaries are not able to locate both the witnesses, your will is not valid. If you have a will, yr beneficiaries does not need any guarantor. *** By the way, this will is for those whose children has already attain the age of 18 years as there is no clause for the appointment of guardians. This post has been edited by Oracles99: Jul 24 2014, 10:46 PM |
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Jul 24 2014, 10:57 PM
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Senior Member
984 posts Joined: Nov 2008 |
For those who have children below the age of 18 years, there is a need to insert the Guardian clause.
GUARDIANSHIP After the death of both myself and my wife ............, it is my desire and if the Law permits my sister ............ shall be the guardian of any of my children whose age at the time of distribution of my estate shall still be under 18 years. TRUSTEE POWERS I hereby empower my Trustee to manage and invest (as the Trustee thinks fit) any property due to a minor beneficiary under this Will for the education, maintenance and benefit of that Beneficiary. ** if you wish to appoint yr sister as a guardian, then put her as an executor as well. This post has been edited by Oracles99: Jul 24 2014, 11:02 PM |
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Jul 24 2014, 11:07 PM
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Senior Member
984 posts Joined: Nov 2008 |
With a valid Will, yr executor should approach a lawyer to apply for "Grant of Probate" in the High Court. With this document, the executor can transfer all the assets of the deceased to the beneficiaries.
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Jul 25 2014, 09:06 AM
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Junior Member
117 posts Joined: Oct 2011 |
QUOTE(wongmunkeong @ Jul 24 2014, 02:17 PM) Ok, here you go...the cost of executionAs Salihin The first RM1million - chargeable rate of fees: 1.8%pa (subject to minimum of RM5000) Value in excess of RM1million - 1%pa Value in excess of RM10million - 0.5%pa Amanah Raya The first RM25k - chargeable rate of fees: 4%pa 25001- 225000 : 3%pa 225001 - 250k : 2%pa 250001 - 500k : 1%pa Value in excess of RM500k : 0.50%pa |
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Jul 25 2014, 09:09 AM
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Elite
5,608 posts Joined: May 2011 From: Here, There, Everywhere |
QUOTE(Zuyee88 @ Jul 25 2014, 09:06 AM) Ok, here you go...the cost of execution Thank U Zuyee88As Salihin The first RM1million - chargeable rate of fees: 1.8%pa (subject to minimum of RM5000) Value in excess of RM1million - 1%pa Value in excess of RM10million - 0.5%pa Amanah Raya The first RM25k - chargeable rate of fees: 4%pa 25001- 225000 : 3%pa 225001 - 250k : 2%pa 250001 - 500k : 1%pa Value in excess of RM500k : 0.50%pa |
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Dec 30 2014, 12:27 AM
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Junior Member
118 posts Joined: Jan 2008 |
Hi guys,
I would like to write a simple will of house to my wife, It is got those budget will charges around rm200-250.Please advice A simple will does , as long as it is valid till I die Regards, Leong |
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Dec 30 2014, 02:00 AM
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Junior Member
113 posts Joined: Nov 2014 From: Kuala Lumpur/Selangor |
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Jan 19 2015, 10:33 PM
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Senior Member
1,262 posts Joined: Aug 2005 From: Mars |
nowadays we could do a WILL via M2U
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Jan 19 2015, 11:28 PM
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Junior Member
118 posts Joined: Jan 2008 |
Is it legal or valid?
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Jan 20 2015, 11:49 AM
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Junior Member
301 posts Joined: Aug 2009 |
QUOTE(Leong Forever @ Dec 30 2014, 12:27 AM) Hi guys, Ask your lawyer friend to do for you. Treat him a nice dinner will do.I would like to write a simple will of house to my wife, It is got those budget will charges around rm200-250.Please advice A simple will does , as long as it is valid till I die Regards, Leong |
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Jun 10 2015, 10:46 AM
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Senior Member
8,259 posts Joined: Sep 2009 |
Rockwill any good? Anybody's will is doing with them?
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Jun 10 2015, 03:03 PM
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Senior Member
1,353 posts Joined: Jan 2014 From: Sunway South Quay |
If one is multi-millionaire with many assets including properties scattered around the world and has annual dividends from different companies around the world,
better go for lawyer otherwise if not planned properly, the beneficiary will not be able to claim everything back |
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Jun 10 2015, 03:32 PM
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Senior Member
12,696 posts Joined: Aug 2008 |
QUOTE(Oracles99 @ Jul 24 2014, 10:41 PM) I have acted as an executor of my parents estate & I know that if your beneficiaries are not able to locate both the witnesses, your will is not valid. If you have a will, yr beneficiaries does not need any guarantor. *** By the way, this will is for those whose children has already attain the age of 18 years as there is no clause for the appointment of guardians. So wouldn't it be better to do it with a bank that's more likely to be around like PB Trustee? |
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Jul 25 2015, 08:24 AM
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Senior Member
8,259 posts Joined: Sep 2009 |
QUOTE(Jean72 @ May 6 2008, 05:47 PM) GOOD topic. Was just thinking to post the same topic in my blog. Estate planning (will writing) is the essential part for financial planning. Did you have a blog on will writing?I was talking to my insurance agent and he agrees to draft a will for me for free. Will can be done easily if we keep the content simple. But if you have material amount of assets, it is important that you consult a proper will writer like rock will. Especially EPF. Don't just rely on your nomination. For eg, My husband and i nominate each other as beneficiary. It is fine..but WHAT IF, unfortunately we face a common disaster??? If rely on LA, EPF takes a long years before money is released. |
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Jul 25 2015, 10:14 AM
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Senior Member
5,143 posts Joined: Jan 2015 |
QUOTE(varman1534 @ Jul 25 2015, 10:04 AM) googled and found this....looks like relevanthttp://www.malaysianbar.org.my/non_muslim_...itance_law.html |
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Aug 31 2015, 06:26 PM
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Junior Member
8 posts Joined: Aug 2015 |
Anyone have experience to share with using Rockwill services. It'll be great if someone can share a real life experience.
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Sep 2 2015, 03:01 PM
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Junior Member
66 posts Joined: Sep 2015 |
QUOTE(mynewuser @ Jul 20 2014, 10:24 PM) After write will. Insert executor, and nominee. Do we still need lawyer to process the will when owner pass away? The executor will execute the will when testator(person who wrote the will) pass away. AFAIK, no need lawyer unless the executor is represented by a lawyer. Bear in mind:1. Advisable to have more than 1 Executor to act as a substitute when the main Executor dies before execution of the will 2. Executor must be honest/reliable and have time to complete the process of the administration of the deceased estate QUOTE(Y.J.S @ Jun 10 2015, 03:03 PM) If one is multi-millionaire with many assets including properties scattered around the world and has annual dividends from different companies around the world, A will done with local estate planning company also can help person who has assets overseas.better go for lawyer otherwise if not planned properly, the beneficiary will not be able to claim everything back QUOTE(Optiplex330 @ Jun 10 2015, 03:32 PM) What if the witnesses died before you do? Or can't be found because he have moved overseas etc? The will is still valid.So wouldn't it be better to do it with a bank that's more likely to be around like PB Trustee? Quoted from Wills Act 1959: Will not to be invalidated by reason of incompetency of attesting witness 8. If any person who attests the execution of a will shall at the time of the execution thereof or at any time afterwards be incompetent to be admitted a witness to prove the execution thereof, such will shall not on that account be invalid. |
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Sep 2 2015, 09:36 PM
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Newbie
16 posts Joined: Apr 2015 |
QUOTE(ru40342 @ Jan 20 2015, 11:49 AM) QUOTE(Y.J.S @ Jun 10 2015, 03:03 PM) If one is multi-millionaire with many assets including properties scattered around the world and has annual dividends from different companies around the world, When engaging lawyers for estate planning matters, make sure you look for one who specialize in estate laws. Just like some lawyers specialize in conveyance while some specialize in criminal law. better go for lawyer otherwise if not planned properly, the beneficiary will not be able to claim everything back If one is a multi-millionaire, will alone may not solve his / her needs. Usually, millionaire will look at how to preserve his assets so that it can be enjoyed for many generations - as there is a Chinese saying "Wealth can't last more than three generations". In this case, a trust or a foundation will be able to achieve his purpose. |
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Sep 2 2015, 10:11 PM
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Newbie
16 posts Joined: Apr 2015 |
QUOTE(Oracles99 @ Jul 24 2014, 10:57 PM) For those who have children below the age of 18 years, there is a need to insert the Guardian clause. While it is fine to name your executor as the guardian, some with family problems may want to reconsider separating the two roles to different parties. GUARDIANSHIP After the death of both myself and my wife ............, it is my desire and if the Law permits my sister ............ shall be the guardian of any of my children whose age at the time of distribution of my estate shall still be under 18 years. TRUSTEE POWERS I hereby empower my Trustee to manage and invest (as the Trustee thinks fit) any property due to a minor beneficiary under this Will for the education, maintenance and benefit of that Beneficiary. ** if you wish to appoint yr sister as a guardian, then put her as an executor as well. There was a case where the testator (Jane) appointed her sister (Anna) as the guardian and the executor. After Jane move on, Anna assume the responsibility of taking care of Jane's two children. One day, Anna's husband went into financial hardship as his business was not doing well. Anna, out of love for her husband, use the children's inheritance to help her husband. We can't say that Anna is completely cold blooded / irresponsible, this scenario can be prevented with proper estate planning. |
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Sep 3 2015, 08:46 AM
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All Stars
10,314 posts Joined: Dec 2009 From: Malaysia |
anybody got a proper will and can just share the template here?
i mean a proper will as in either crafted by professionals or will writers or lawyers, etc. thanks. i attached one. think it's good enough to be used? genuine advices appreciated. cheers! This post has been edited by kochin: Sep 3 2015, 08:51 AM Attached File(s)
will_actual___blank_template.pdf ( 314.19k )
Number of downloads: 143 |
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Sep 3 2015, 05:11 PM
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Elite
5,608 posts Joined: May 2011 From: Here, There, Everywhere |
QUOTE(kochin @ Sep 3 2015, 08:46 AM) anybody got a proper will and can just share the template here? Hi KoChin,i mean a proper will as in either crafted by professionals or will writers or lawyers, etc. thanks. i attached one. think it's good enough to be used? genuine advices appreciated. cheers! Just my 2 cents as an "end user" for Public Trustee's & Pacific Trustee's Will writing services: 1. Item 2: U may want to reword as such: If my spouse, XXX XXX XXX predecease me or shall not survive me for a period of one month then I, HEREBY DECLARE that 2. Attachment 1: I'd suggest not including it such way in the Will BUT just state it as an "Asset & Liability list", thus can be updated anytime for your Executor to know where & how to get to your assets. 3. U may want to have another survivorship clause for Executor & Trustee especially someone / legal entity that doesn't usually travel or be near your wife or your bro-inlaw choy choy choy BUT ACCIDENTS HAPPEN and if all the Executors are usually travelling together or near each other.. one-shot both koyak how? 4. Items 8 & 9: Choy choy.. but survivorship clause may be a bit unclear. eg IF (CHOY! ya - my apologies if my IF offends) child PASSES after U AND does not have child(ren) of their own .. er.. so.. how? 5. Guardianship for your children? I'll "clean up" my simple Will + complicated as kaka Will cum Trust to share later.. er.. hope i can find time heheh BTW, good share This post has been edited by wongmunkeong: Sep 3 2015, 05:18 PM |
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Sep 4 2015, 10:08 AM
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All Stars
10,314 posts Joined: Dec 2009 From: Malaysia |
QUOTE(wongmunkeong @ Sep 3 2015, 05:11 PM) Hi KoChin, thanks for your pointers.Just my 2 cents as an "end user" for Public Trustee's & Pacific Trustee's Will writing services: 1. Item 2: U may want to reword as such: If my spouse, XXX XXX XXX predecease me or shall not survive me for a period of one month then I, HEREBY DECLARE that 2. Attachment 1: I'd suggest not including it such way in the Will BUT just state it as an "Asset & Liability list", thus can be updated anytime for your Executor to know where & how to get to your assets. 3. U may want to have another survivorship clause for Executor & Trustee especially someone / legal entity that doesn't usually travel or be near your wife or your bro-inlaw choy choy choy BUT ACCIDENTS HAPPEN and if all the Executors are usually travelling together or near each other.. one-shot both koyak how? 4. Items 8 & 9: Choy choy.. but survivorship clause may be a bit unclear. eg IF (CHOY! ya - my apologies if my IF offends) child PASSES after U AND does not have child(ren) of their own .. er.. so.. how? 5. Guardianship for your children? I'll "clean up" my simple Will + complicated as kaka Will cum Trust to share later.. er.. hope i can find time heheh BTW, good share you raised some pretty good points especially on item 4 and 5. may need to rework it a little. thanks again and looking forward to your sample! |
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Sep 4 2015, 05:32 PM
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Elite
5,608 posts Joined: May 2011 From: Here, There, Everywhere |
QUOTE(kochin @ Sep 4 2015, 10:08 AM) thanks for your pointers. Here's the simplified Will i drew with PB Trustee years back.you raised some pretty good points especially on item 4 and 5. may need to rework it a little. thanks again and looking forward to your sample! urgh.. sorry, i couldn't convert to MS Word to remove the data, thus screenshot and used red squares to block off private data. Note - Trustee here is a Company, thus Company No. Please change to IC Number if human Attached File(s)
Blank_Simple_Will.pdf ( 283.39k )
Number of downloads: 320 |
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Sep 7 2015, 08:35 AM
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All Stars
10,314 posts Joined: Dec 2009 From: Malaysia |
QUOTE(wongmunkeong @ Sep 4 2015, 05:32 PM) Here's the simplified Will i drew with PB Trustee years back. thanks for sharing.urgh.. sorry, i couldn't convert to MS Word to remove the data, thus screenshot and used red squares to block off private data. Note - Trustee here is a Company, thus Company No. Please change to IC Number if human it does looks more robust. i like the guardianship and also sub-clause of "in the event" scenario. but choi! just asking. in the event whole family is travelling together and something happen, how ah? i was thinking to follow your clauses for the distribution with only one additional clause where if all children also xxx then the proceeds goes to siblings perhaps? now my biggest concern is still the executor. need to refine that and i think i am good to go liao. Q: 1. can we alter the list from time to time? eg. will is dated today but the list is updated once every year or so? 2. how many copies of the will and who is in possession of it? boss, thanks again. |
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Sep 7 2015, 12:06 PM
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Elite
5,608 posts Joined: May 2011 From: Here, There, Everywhere |
QUOTE(kochin @ Sep 7 2015, 08:35 AM) thanks for sharing. boss dalam bilikit does looks more robust. i like the guardianship and also sub-clause of "in the event" scenario. but choi! just asking. in the event whole family is travelling together and something happen, how ah? i was thinking to follow your clauses for the distribution with only one additional clause where if all children also xxx then the proceeds goes to siblings perhaps? now my biggest concern is still the executor. need to refine that and i think i am good to go liao. Q: 1. can we alter the list from time to time? eg. will is dated today but the list is updated once every year or so? 2. how many copies of the will and who is in possession of it? boss, thanks again. i = ekuli je bro, that scan shared was my old Will Current Will takes care of if 1 car all gone - it'll go partially to my Sis, nieces & nephew + bro-in law Those fellows do not usually travel in-line with us - thus 2nd-party to get $ 3rd party = WWF & UNICEF if even 2nd party all hangus.. thus not a dime to the "dang filthy U know who wants donations" A: 1. can we alter the list from time to time? eg. will is dated today but the list is updated once every year or so? A1. The asset list U mean? Yes - your Will is unchaging unless new Will Asset list is just a list of Assets & liabilities for your executor(s) to know where & how to get to our stuff 2. how many copies of the will and who is in possession of it? Usually - "2 original" copies (ie ori signatures) - 1 for trustee, 1 for me then i scan copy to my wife, mum, sis, bro inlaw Hope the above helps. Now to find time to clean-up current Will and stuff - should be useful for those thinking of doing a Trust to invest & payout IF love ones cannot/don't want to manage estate investments to last 2 generations / up to 80 years. |
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Sep 7 2015, 02:37 PM
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All Stars
10,314 posts Joined: Dec 2009 From: Malaysia |
very good and informative sharing.
maybe i should seriously set up my trust as well. but i got scared off with the fees. lol. |
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Sep 7 2015, 02:59 PM
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Elite
5,608 posts Joined: May 2011 From: Here, There, Everywhere |
QUOTE(kochin @ Sep 7 2015, 02:37 PM) very good and informative sharing. to me, it's worthwhile if my non-properties investments are > RM3M +/-maybe i should seriously set up my trust as well. but i got scared off with the fees. lol. and if my love ones cannot (skills/knowledge) OR will not manage the assets (fear/greed) BTW, NOT very expensive - it's like 0.5% or less of the total value under management per year only, excluding transaction / brokerage charges if buy/sell management happens. Note - since i do NOT have RM3M worth of financial assets yet, my current will has something like: IF blah blah >=RM3M then a testamentary trust is to be created and section blah blah executed ELSE payout blah blah Yes - lazy to re-write again until/unless i have my dream of seeing my kids grow up good enough to manage on my behalf BTW - one can also specify the Trust to payout a % to charities too yearly - do some good, give back kind of thing. urgh.. i seriously need 1/2 a day to clean up that version of Will + Insurance Trust + the overview to explain what the heck is going on (i've 1 page in Power Point for my wife, mum, sis to see big pix and understand heheh) This post has been edited by wongmunkeong: Sep 7 2015, 03:01 PM |
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Sep 9 2015, 12:03 AM
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Senior Member
4,717 posts Joined: Jan 2003 |
hi all,
trying to understand the difference between ARB and OSK Trustees/Rockwill. I was told that it will be easier and faster if i go to ARB to execute the will. If you go through OSK/Rockwill, the process will be more tedious and cumbersome. I'm new to this, any input pls? Is ARB really that good? If it's good, then I was thinking Rockwill/OSK sure tutup kedai already but this ain't happening, so something must be good with OSK/Rockwill as well. Appreciate input here! i don't really have a solid understanding on the pros and cons between ARB vs OSK/Rockwill .... |
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Nov 15 2015, 07:05 PM
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Junior Member
434 posts Joined: Nov 2012 |
NOT very expensive - it's like 0.5% or less of the total value under management per year only, excluding transaction / brokerage charges if buy/sell management happens.
Note - since i do NOT have RM3M worth of financial assets yet, my current will has something like: IF blah blah >=RM3M then a testamentary trust is to be created and section blah blah executed ELSE payout blah blah Hi referring to the above. 1)Does it mean trustee starts charging 0.5% yearly after your death managing the trust fund? Is there anyway to nego with said would be brokerage charges and fees rate upfront for x number of years average so family is never exploited by said firm? 2) whoa, can do that if x happens then execute A, if else, just payout? That sounds cool. Without thinking one can do this just in case, one forgets that he/she just kena lottery one day and gone the next! Right? |
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Nov 15 2015, 10:02 PM
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Senior Member
5,875 posts Joined: Sep 2009 |
QUOTE(wongmunkeong @ Sep 4 2015, 05:32 PM) Here's the simplified Will i drew with PB Trustee years back. Hello frens,urgh.. sorry, i couldn't convert to MS Word to remove the data, thus screenshot and used red squares to block off private data. Note - Trustee here is a Company, thus Company No. Please change to IC Number if human I wanna share my DIY WILL modified from PBMutual template, hoping to get some feedback so that i can improve it further. It took me quite some time to delete personal data. I put 2 executors and another 2 as standby in case.. i put 2 beneficiaries for each item and other family members as standby in case.. is this too complicated a will? |
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Nov 16 2015, 12:19 PM
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Senior Member
4,174 posts Joined: Dec 2008 |
QUOTE(guy3288 @ Nov 15 2015, 10:02 PM) Hello frens, Got sample will with MINOR involve?I wanna share my DIY WILL modified from PBMutual template, hoping to get some feedback so that i can improve it further. It took me quite some time to delete personal data. I put 2 executors and another 2 as standby in case.. i put 2 beneficiaries for each item and other family members as standby in case.. is this too complicated a will? |
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Nov 17 2015, 09:29 PM
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Junior Member
32 posts Joined: Dec 2008 |
Can I make my own will without any of that services?
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Dec 17 2015, 04:10 PM
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Junior Member
14 posts Joined: Oct 2009 |
Hi,
My late father in law make a will with As Salihin stating that my wife will be the administrator of the belonging and properties left behind. They charge RM1.5k. 2 houses 2 cars and no cash. The house total valued estimated at RM1.5M. So if As Salihin were to do the process of changing the properties name to the beneficiaries then they will charge 1.8% from the total value. That is already RM27k. Due to no cash left behind, we decided to do it ourselves. We went to the banks asking for MRTA claim procedure, went to Pejabat Pusaka Kecil asking for form to be filled, went to Pejabat Tanah asking for Land Titles, went to LHDN asking for balance of tax payment, went to hospital asking for Medical Report for claiming purpose. Went here and there for 3 to 4 month now. Maybe it will settle in few more month. All As Salihin did with that 1.5k payment was to appoint my wife as the administrator for the belonging. Which she will do anyway without As Salihin instruction. I bet most of the beneficiary will think twice to spend 20k++ for processing their own properties. |
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Dec 23 2015, 02:46 AM
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Junior Member
311 posts Joined: Mar 2010 |
QUOTE(avatargod @ Nov 17 2015, 09:29 PM) Yes, technically, you can. But there are some guidelines that you need to follow. 1. 4 basic clauses - revocation, domicile, executor/trustee, residuary 2. 2 witnesses who are non-beneficiaries Any mistakes, and you end up partially intestate. Keep in mind 1. Getting married invalidates a will. 2. Name legal guardians for your children. 3. The longevity of executor/trustee/beneficiary. 4. Have enough documents to prove your ownership of properties attached. 5. The bulk of the cost does not come with writing the will, but the execution. |
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Jan 30 2016, 11:56 AM
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Junior Member
7 posts Joined: Mar 2014 |
hi All,
After tried so many will writing service, so far i found only this website provide the Cheapest and Easiest way of preparing will. ( www.iwill.com.my ). They have forms which will guide us step by step to write will without much Legal jargons which most of the time confuse us. The best part is this is the cheapest will writing service in town, its only RM 9.90. Check them out to believe it.... Attached image(s) |
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Jan 30 2016, 02:33 PM
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Senior Member
28,187 posts Joined: Mar 2007 From: Underworld |
QUOTE(avatargod @ Nov 17 2015, 09:29 PM) I haven't really tried this before, but just a suggestion.There is e-will services offered by some banks, like Maybank and HLB. There, you can get the will templete from Amanah Raya (The will format) If you dun want to pay them RM 200+ for that services, maybe you can download that form, type out and change some of the "name" such as trustee and etc... After complete, then u go to lawyer and stamp it. Of course, all other procedure applies, such as getting 2 witness to sign.. |
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Jan 30 2016, 05:30 PM
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Junior Member
32 posts Joined: Dec 2008 |
QUOTE(Bonescythe @ Jan 30 2016, 02:33 PM) I haven't really tried this before, but just a suggestion. Thank you...There is e-will services offered by some banks, like Maybank and HLB. There, you can get the will templete from Amanah Raya (The will format) If you dun want to pay them RM 200+ for that services, maybe you can download that form, type out and change some of the "name" such as trustee and etc... After complete, then u go to lawyer and stamp it. Of course, all other procedure applies, such as getting 2 witness to sign.. |
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Jan 30 2016, 05:31 PM
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Senior Member
843 posts Joined: Dec 2015 |
approval rm150k p.l from bank rakyat ... for wayang kulit only
written will for rm300++ consider as will? they charge so expensive huh? |
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Jun 6 2016, 11:18 AM
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Senior Member
1,205 posts Joined: Aug 2014 |
If a person is without any relatives, then what happen to his asset when he dies?
What if he write a will, like give his asset to certain charity or something? That is workable right? |
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Jun 6 2016, 01:02 PM
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Senior Member
1,110 posts Joined: Oct 2006 |
That's the aim of will writing
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Jun 6 2016, 01:12 PM
Show posts by this member only | IPv6 | Post
#298
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Senior Member
2,114 posts Joined: Aug 2010 From: Edge Of D. World |
How much M2U charge for the will writing btw?
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Jun 6 2016, 01:21 PM
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Senior Member
5,143 posts Joined: Jan 2015 |
QUOTE(lch78 @ Jun 6 2016, 01:12 PM) found this on google...The cost of writing a will via Maybank2u is ..... http://www.maybank2u.com.my/mbb_info/m2u/p.../INV-Investment |
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Jun 6 2016, 01:22 PM
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Senior Member
10,001 posts Joined: May 2013 |
QUOTE(filage @ Jun 6 2016, 11:18 AM) If a person is without any relatives, then what happen to his asset when he dies? As long as u specify 'everything' in the will, the executor will just act according to your instructionWhat if he write a will, like give his asset to certain charity or something? That is workable right? Btw, u may consider to give 'some to me' |
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Jun 8 2016, 12:05 PM
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Senior Member
1,042 posts Joined: Feb 2011 |
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Jun 8 2016, 01:27 PM
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Senior Member
10,001 posts Joined: May 2013 |
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Jun 8 2016, 01:47 PM
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Senior Member
1,042 posts Joined: Feb 2011 |
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Jun 8 2016, 04:47 PM
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Senior Member
10,001 posts Joined: May 2013 |
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Jun 9 2016, 09:53 PM
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Senior Member
1,110 posts Joined: Oct 2006 |
Amanah Raya charges is quite high for administration right? 1% for first 25k.. Hmm
http://www.arb.com.my/en/index.asp?fuseact...tent.View&ID=77 |
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Jun 9 2016, 09:58 PM
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All Stars
14,870 posts Joined: Mar 2015 |
QUOTE(effectz @ Jun 9 2016, 09:53 PM) Amanah Raya charges is quite high for administration right? 1% for first 25k.. Hmm http://www.arb.com.my/en/index.asp?fuseact...tent.View&ID=77 |
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Jun 10 2016, 09:49 AM
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Senior Member
1,110 posts Joined: Oct 2006 |
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Jun 10 2016, 09:56 AM
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Senior Member
1,205 posts Joined: Aug 2014 |
CimbClicks charge RM800+ for online will. Unless I saw wrong.
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Jun 10 2016, 05:41 PM
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Newbie
2 posts Joined: Jun 2016 |
Anyone of you have any idea about will writing or have made a will. What would be the best way?
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Jun 11 2016, 03:53 PM
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Senior Member
1,110 posts Joined: Oct 2006 |
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Jun 15 2016, 08:11 AM
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All Stars
14,870 posts Joined: Mar 2015 |
QUOTE(effectz @ Jun 9 2016, 09:53 PM) Amanah Raya charges is quite high for administration right? 1% for first 25k.. Hmm http://www.arb.com.my/en/index.asp?fuseact...tent.View&ID=77 QUOTE(MUM @ Jun 9 2016, 09:58 PM) QUOTE(effectz @ Jun 10 2016, 09:49 AM) |
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Jun 15 2016, 10:49 AM
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All Stars
21,308 posts Joined: Jan 2003 From: Kuala Lumpur |
If a person dies, can the wife transfer the monies from the Savings Account (via M2U) to reduce the "administration fee" for executing the will ?
Will the wife be held against the law ? |
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Jun 15 2016, 11:35 AM
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Senior Member
5,143 posts Joined: Jan 2015 |
QUOTE(ronnie @ Jun 15 2016, 10:49 AM) If a person dies, can the wife transfer the monies from the Savings Account (via M2U) to reduce the "administration fee" for executing the will ? i "think", if there is no one to complain it is ok...but if the creditors or persons / family members chasing after the assets .....were to find out..then maybe will be an issuesWill the wife be held against the law ? This post has been edited by T231H: Jun 15 2016, 11:37 AM |
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Jun 15 2016, 12:46 PM
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All Stars
21,308 posts Joined: Jan 2003 From: Kuala Lumpur |
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Jun 15 2016, 04:03 PM
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Senior Member
1,639 posts Joined: Nov 2010 |
QUOTE(ronnie @ Jun 15 2016, 12:46 PM) But it's not a crime since the wife has the authority and access to the account... it would not be her needing a lawyer but the other party to do so if they want to make any claim...edit: I'm talking about joint savings and FD accounts where the wife has access. This post has been edited by j.passing.by: Jun 15 2016, 04:07 PM |
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Jun 15 2016, 04:23 PM
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Elite
5,608 posts Joined: May 2011 From: Here, There, Everywhere |
QUOTE(j.passing.by @ Jun 15 2016, 04:03 PM) But it's not a crime since the wife has the authority and access to the account... it would not be her needing a lawyer but the other party to do so if they want to make any claim... yar BUT (there's always 1 edit: I'm talking about joint savings and FD accounts where the wife has access. and when the Executor(s) of the Will finds out OR the bank finds out (coz Executor(s) presented death cert and stuff) .. then "hope" comes into play Ways around this? er.. if flexi/current account(s) - write lar a few blank chqs (with no dates) to spouse, IF one trusts spouse not to runaway or worse... <looks at arsenic bottle> Not a lawyer but one of the Qs i asked my estate planners before Just sharing This post has been edited by wongmunkeong: Jun 15 2016, 04:23 PM |
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Jun 15 2016, 04:33 PM
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Senior Member
1,639 posts Joined: Nov 2010 |
QUOTE(wongmunkeong @ Jun 15 2016, 04:23 PM) yar BUT (there's always 1 If the wife able to withdraw the money, then I assumed the the accounts are either party to sign. If either party can withdraw when husband is alive, why there is a difference when he is dead? If creditors (or other family members) did not try to chase husband when he is alive to make any claim, then how practical is it after the accounts already emptied by wife. and when the Executor(s) of the Will finds out OR the bank finds out (coz Executor(s) presented death cert and stuff) .. then "hope" comes into play Ways around this? er.. if flexi/current account(s) - write lar a few blank chqs (with no dates) to spouse, IF one trusts spouse not to runaway or worse... <looks at arsenic bottle> Not a lawyer but one of the Qs i asked my estate planners before Just sharing This post has been edited by j.passing.by: Jun 15 2016, 04:35 PM |
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Jun 15 2016, 04:39 PM
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Elite
5,608 posts Joined: May 2011 From: Here, There, Everywhere |
-deleted since misinterpreted as bitig remarks by certain parties-
This post has been edited by wongmunkeong: Jun 15 2016, 10:30 PM |
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Jun 15 2016, 04:53 PM
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Senior Member
1,639 posts Joined: Nov 2010 |
Yo, don't get hot la... already said joint savings and FD accounts...
If transfer because the wife have online password after husband is dead, then it is a crime... since wife is stealing from the bank and can't prove husband gave permission as he was already dead. Same if wife wrote wrong date on cheque... or maybe CSI can proof that she filled in the cheques after husband died. |
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Jun 16 2016, 10:34 AM
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All Stars
21,308 posts Joined: Jan 2003 From: Kuala Lumpur |
How long is the process to get Grant of Probate ? 3 months or 6months ?
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Mar 31 2017, 10:54 AM
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Junior Member
15 posts Joined: Mar 2017 |
QUOTE(ronnie @ Jun 16 2016, 10:34 AM) Here's the breakdown of asset distribution timeline:1. With WILL: - Grant of Probate - 6 months - Asset Collection - 3 to 12 months - Payment to IRB and creditors - 3 to 18 months - Distribution to beneficiaries - between 2 to 3 years 2. Without WILL - Letters of Administration - Estimate 1 to 3 years - Asset Collection - 3 to 12 months - Advertise in the Gazette to notify the creditors - 2 months - Distribution to Beneficiaries - between 3 to 7 years Alternatively, if you want save all the hassle and time, you may create a Trust from Trustee companies and it is the only way to avoid Probate and to be able to distribute your assets to your designated beneficiaries with immediate effect (1 to 2 weeks) but it usually comes with annual fees. |
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Aug 11 2018, 02:44 PM
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Newbie
10 posts Joined: Jan 2015 |
Sharing services for drafting a Will, covers customisation of additional clauses for required unforeseen circumstances.
If interested, can view on main post: https://forum.lowyat.net/topic/4635673 No additional charges on all sorts of reimbursements, claims, stationary costs, transport..etc. Definitely affordable. This post has been edited by shiocarl: Aug 11 2018, 02:46 PM |
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Aug 6 2024, 09:26 PM
Show posts by this member only | IPv6 | Post
#323
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Senior Member
1,388 posts Joined: May 2012 |
Hi, is it better to have the service providers, i.e., rockwills, maybank trustee, rhb trustee as sole executor for my wills or best to nominated one of my beneficiaries as executors? pro and cons for each option?
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Aug 6 2024, 10:02 PM
Show posts by this member only | IPv6 | Post
#324
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Senior Member
945 posts Joined: Jun 2012 |
QUOTE(KOHTT @ Aug 6 2024, 09:26 PM) Hi, is it better to have the service providers, i.e., rockwills, maybank trustee, rhb trustee as sole executor for my wills or best to nominated one of my beneficiaries as executors? pro and cons for each option? Nominate your beneficiary then put corporate executor/trustee as last option. |
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Aug 6 2024, 10:43 PM
Show posts by this member only | IPv6 | Post
#325
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Senior Member
1,388 posts Joined: May 2012 |
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Aug 7 2024, 11:48 AM
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Senior Member
3,860 posts Joined: Jun 2022 |
A question here. When i wrote my will my son wasnt 18 yet, so put a trustee. Now that he has turned 18, do i need to amend the will?
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Aug 7 2024, 11:59 AM
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All Stars
14,870 posts Joined: Mar 2015 |
My will hv this condition spelled. "Until they attain the age of majority". So I believe this "appointment of guardian" clause will automatically void when the beneficiary attained that age. This post has been edited by MUM: Aug 7 2024, 12:20 PM CommodoreAmiga liked this post
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Aug 7 2024, 12:35 PM
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All Stars
14,870 posts Joined: Mar 2015 |
QUOTE(KOHTT @ Aug 6 2024, 09:26 PM) Hi, is it better to have the service providers, i.e., rockwills, maybank trustee, rhb trustee as sole executor for my wills or best to nominated one of my beneficiaries as executors? pro and cons for each option? QUOTE(KOHTT @ Aug 6 2024, 10:43 PM) (I appointed my niece and the sister of my spouse as joint executors and trustees of my Will).The will has this condition spelled out, .... "If either or both of them shall not survive or unable or unwilling to act as the executor(s) and trustee(s) of this Will, then I do hereby appoint (name and address of a trust company), to be the sole executor and trustee of this Will. *** jfi, the named trust company is the one that prepared my will and also the one paid to keep it too. So I guess it was not due to cost that I also appointed that trust company (as a back up) to be executor and trustee of my Will, BUT as a mitigation for just in case, my appointed executors and trustees (from my family members) is "unable" or "unwilling" or "died" |
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Aug 7 2024, 12:49 PM
Show posts by this member only | IPv6 | Post
#329
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Senior Member
3,860 posts Joined: Jun 2022 |
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Aug 7 2024, 04:40 PM
Show posts by this member only | IPv6 | Post
#330
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Senior Member
1,388 posts Joined: May 2012 |
one of the wills writing service provider informed me the estate administrative process will take 1-1.5 years for simple estate case like mine? Need to take so long?
My assets are not complicate with only a house, share trading/ unit trust investment accounts, vehicle and some banks accounts. |
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Aug 7 2024, 05:04 PM
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Senior Member
3,833 posts Joined: Oct 2011 |
QUOTE(KOHTT @ Aug 7 2024, 04:40 PM) one of the wills writing service provider informed me the estate administrative process will take 1-1.5 years for simple estate case like mine? Need to take so long? Pejabat tanah is not as efficient as we like.My assets are not complicate with only a house, share trading/ unit trust investment accounts, vehicle and some banks accounts. KOHTT liked this post
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Aug 7 2024, 05:05 PM
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All Stars
14,870 posts Joined: Mar 2015 |
How long do you have to file probate after death in Malaysia. Why Does Probate Take So Long? https://simrahman.com/estate-planning-lawye...frame-malaysia/ This post has been edited by MUM: Aug 7 2024, 05:12 PM KOHTT liked this post
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Aug 8 2024, 10:48 AM
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Junior Member
664 posts Joined: Jun 2017 |
QUOTE(KOHTT @ Aug 7 2024, 04:40 PM) one of the wills writing service provider informed me the estate administrative process will take 1-1.5 years for simple estate case like mine? Need to take so long? You can consider going through Pusaka Kecil (provided that your total assets are less than RM 2 million.My assets are not complicate with only a house, share trading/ unit trust investment accounts, vehicle and some banks accounts. I did it when my father passed away. Took around 6 months from the submission to get the property, motorcycle and money from bank account. No need will or lawyer. Everything DIY but the officier at Pusaka Kecil were very helpful in telling where to get all the docs. The only issue is without a will, you need to kaotim with the other people who also has rights to the assets and state how the assets are to be distributed. Normally, if the person is married, the spouse, children and the parents are eligible to get a stake on the assets. |
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Aug 8 2024, 11:10 PM
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Senior Member
2,378 posts Joined: May 2008 |
Hope someone can provide feedback on this.
In my will, I have granted my beneficiary to have all my securities/investments listed on the Securities Exchange of Bursa Malaysia. Does this mean, only those securities from direct CDS counted? How about those with platforms like MooMoo? |
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Aug 8 2024, 11:19 PM
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All Stars
14,870 posts Joined: Mar 2015 |
QUOTE(roy_zu @ Aug 8 2024, 11:10 PM) Hope someone can provide feedback on this. Not a legally qualified comment.In my will, I have granted my beneficiary to have all my securities/investments listed on the Securities Exchange of Bursa Malaysia. Does this mean, only those securities from direct CDS counted? How about those with platforms like MooMoo? Just that, i think it could be challenged. I think it "can be" better if it is phrased like this. Example from your above condition. Just add "including and not limited to" "I have granted my beneficiary to have all my securities/investments including and not limited to those listed on the Securities Exchange of Bursa Malaysia. Like if you only state in your Will that you will "will" all your properties in Malaysia to Xxx. If later the beneficiary or other eligible families members found out that you also hv properties overseas then how? This post has been edited by MUM: Aug 8 2024, 11:25 PM |
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