LAST WILL AND TESTAMENT

Preparation, Custodian and Execution of Wills
AmanahRaya offers a comprehensive estate administration services which includes preparation, custodian and execution of Wills. Being the market leader in legacy management services, AmanahRaya has the expertise and proficiency to give advice on the proper drafting and preparation of Wills in accordance with relevant applicable laws and to manage a deceased person’s estate in the most professional manner which would ensure a piece of mind to you and the ones you leave behind.

Conventional Will

Why should you write a Will?
• The main purpose of writing a Will is to ensure that the distribution of your assets upon your demise will be done according to your wishes.
• A Will is also a medium for you to appoint the Executor of your choice. An Executor can be an individual or a corporation which is entrusted with the tasks of carrying out the administration of your estate in an impartial manner.
• You can also provide for family members, friends, relatives and/or loved ones who require special needs or care, e.g. maintenance for disabled family member.
• Writing a Will is an effective way of declaring your personal liabilities or somebody else’s rights to your assets, e.g. trust properties. This would ensure that your unrecorded liabilities will be duly settled and that properties which you hold as trustee will be managed for the benefit of the rightful beneficiaries.
• The appointment of a Guardian to your minor children, i.e. children below the age of 18 years old, or a special child can also be made in a Will.
• Writing a Will is also a way to ensure speedy and efficient administration of your estate. You can avoid unnecessary formalities and the possibility of your assets being reduced in value.
Why should you keep your Will with AmanahRaya?
• A Will can be easily tampered with, damaged or destroyed. You may also lose your Will or even forget where the Will is kept. For these reasons, it is important for you to ensure the safe custody of your Will by appointing a Will Custodian.
• AmanahRaya provides professional Will Custodian services. To ensure the safety as well as confidentiality of the Wills, all Wills deposited for custodian will be registered and kept in a fire-proof safe storage with limited access which can only be taken out with authorization from the Testator.
Why should you appoint AmanahRaya as your Executor?
• Previously known as the Public Trustee and Official Administrator, AmanahRaya has been providing estate administration services since 1921 and is undeniably the most experienced corporation in the business. Being the oldest estate administration services provider, we ensure efficient, professional and impartial services to each and every one of our customers.
• AmanahRaya is an established, stable company which is wholly-owned by the Government of Malaysia. Our existence is perpetual and we are ever ready to serve you and your loved ones incessantly.
• AmanahRaya has been certified with MS ISO 9001:2000 certification. We are therefore committed towards providing professional services to all of our customers in accordance with the ISO standards.


DISTRIBUTION ACT 1958 (as amended by the Distribution (Amendment) Act 1997)

INTESTATE LEAVING SURVIVING ENTITLEMENT

Spouse only ( no parent(s)/issue )
- Spouse - whole estate


Spouse and Parent(s) only (no issue)
- Spouse - 1/2
- Parent(s) - 1/2



Issue only ( no Spouse/Parent(s) )
- Issue - whole estate


Parent(s) only ( no Spouse/issue )
- Parent(s) - whole estate


Spouse and issue ( no Parent(s))
- Spouse - 1/3
- Issue - 2/3


Issue and Parent(s) ( no Spouse )
- Issue - 2/3
- Parent(s) - 1/3



Spouse and Issue and Parent(s)
- Spouse - 1/4
- Issue - 1/2
- Parent(s) - 1/4

Note : This Act only applies to West Malaysia and Sarawak. It does not apply to Muslims.
In the case when and intestate dies without leaving a surviving spouse, child or parent, the following person(s) are entitled to the estate in accordance to priority :-
1. brothers and sisters
2. grandparents
3. uncles and aunts
4. great grandparents
5. great uncles and aunts
6. Government


SCHEDULE

[Section 10]

F.M.S. Cap. 71 The Distribution Enactment

Johore Enactment No. 13 of 1935 The Distribution Enactment 1935
Kelantan Enactment No. 15 of 1930 The Distribution Enactment 1930
Kedah Enactment No. 22 of 1354 The Distribution Enactment