SM Liew Will Advisory Services - A Professional Will-Writer

The Distribution Act 1958 (As amended in 1997)

Intestate Leaving Surviving	Entitlement
Spouse only (no parent / issue) *	Spouse - whole eatate
Spouse & parent(s)( no issue)	Spouse - 1/2 Parent(s) -1/2
Issue only (no spouse / issue)	Issue - whole estate
Parent(s) only (no spouse / issue)	Parent(s) - whole estate
Spouse & Issue (no parent(s))	Spouse - 1/3 Issue - 2/3
Parent(s) & Issue (no spouse)	Parent(s) - 1/3 Issue - 2/3
Spouse, Parent(s) & Issue	Spouse - 1/4 Parent(s) - 1/4 Issue - 2/4

* Including children, grandchildren and all other linear descendents.

	Frequently Asked Questions & Answers (FQA)

Q1	Do I still have control over my estate after I have written a Will ?
	Certainly. A Will will only take effect upon a person's death.

Q2	Does my Will need to be stamped or sealed ?
	A Will does not need to be stamped to be valid while sealing is just for the purpose of confidentiality.

Q3	Can I will away a joint bank account ?
	No, if mandate has been given to the bank when opening the account that upon death of one of the account holders, the surviving account holder will be entitled to the moneys standing to their credit in the account.

Q4	What are the essential clauses in a Will ?
	The essential clauses in a Will are: 1) Opening clause 2) Revocation clause 3) Appointment of executor(s) 4) Residuary clause 5) Attestation clause

Q5	What is a residuary clause ?
	A residuary clause is one of the vital clauses in a Will. Any asset which the testator has forgotten to will away or mention will automatically fall under a residuary clause so that no partial intestacy will occur.

Q6	Does a person need to pay estate duty in Malaysia after his death?
	No. Anyone who dies on or after 1st November 1991 is not subject to any estate duty in Malaysia.

	For more Questions & Answers and Distribution Act 1958 please e mail to smwills@pd.jaring.my