A Will is a document, considered as a legal declaration of the intention of a Testator about the distribution / disposal of his possessions / assets / properties etc. after his death.

Having a Will enables you to:

• Choose your beneficiaries;
• Choose how your assets are to be distributed;
• Choose your trustee and executor;
• Set up a testamentary trust for your minor children, heirs with special needs or charities;
• Choose the guardian of your minor children;
• Minimise the chances of family disputes over property;
• Expedite the legal process;
• It costs less in term of legal fees;
• Express your wishes for your funeral arrangements.

If you die intestate:

• Your assets will be distributed according to the Distribution Act 1958;
• The court will appoint a trustee and executor to administer your estate;
• The court will appoint a guardian for your minor children, and the person appointed may not be your preference;
• The distribution process will take longer and cost more, ordinarily requiring a bond and the appointment of 2 sureties to guarantee the proper administration of the estate, as well as further court orders to effect the transfer of real property;

Section 6 of the Distribution Act 1958 sets out various scenarios for intestacy and provides a fixed formula for the distribution of the person’s assets. The following are some examples:

• Leaving a spouse, children and parents:  spouse ¼ , children ½,  parents ¼
• Leaving a spouse and parents but no children:  spouse ½ , parents ½
• Leaving a spouse and children but no parents:  spouse ⅓ , children ⅔
• Leaving children and parents but no spouse:  children ⅔ , parents ⅓
• Leaving no spouse, children or parents, then the following persons are entitled in accordance of priority: brothers and sisters; grandparents; uncles and aunts; great grandparents; great uncles and aunts; government.

To make a valid will, you must:

• Be at least 18 years old;
• Sound mind;
• Have your will in writing;
• Have signed your will;
• Have your signing witnessed by at least 2 witnesses who will then sign in your presence and in the presence of each other. (Witness cannot be someone who is beneficiary of the your Will, or he or her spouse.

Once executed, your Will will remain valid until it is replaced by a new Will, cancelled in writing or intentionally destroyed. If you get married or remarried, or convert to Islam, your Will will automatically be revoked.

The executor’s job is to ensure your Will will be duly execute.  This will involve your executor: (1) locating your Will, (2) applying to the court for Grant of Probate, (3) calling your assets, (4) paying off your debts, (5) distribute assets based on your Will, and (6) prepare account statements.

You can appoint any adult (18 years or older) to act as your executor and trustee. You can appoint between 1 to 4 executors to jointly administer your estate. Alternatively, you can appoint a trust company to act as your executor and trustee.

Yes, your executor may also be a beneficiary to your estate.

You are encouraged to inform and obtain the consent of the person who you want to be your executor and trustee.

You should keep your original Will in a safe place. You may also engage the services of a Will depository to secure your Will.

As a general rule, the courts will require your original Will before allowing a grant of probate. However, a duplicate copy of your Will can be accepted if it can be proven that the original is lost or destroyed without intending to revoke the Will.