Overview

We all draft many wills each year. The majority of them are straightforward mutual wills by spouses leaving their estates to each other and then to their children.

However consideration is often needed to the issues that arise from the inclusion or exclusion of children from former relationships.

The three precedent wills in the guide are drawn for use in the case of:

• A single testator,
• Spouse to spouse, and then children
• A will using schedules for use in blended family and other more complex situations.

The precedents herein, for use in the states of West Malaysia and to non Muslims, include a library of provisions covering less frequently used precedents including unusual execution clauses and the creation of life estates.

No form of codicil is included in the precedents as it is just as easy to redo the will avoiding any possibility of mislaying the second document or creating unforeseen inconsistencies through the use of different language in the two documents.

The powers of investment of trustees are set out in the Trustee Act 1949 which are not repeated within the will precedents. If the testator wishes the trustee to have further extended powers of investment such powers may be included in the will.

With specific bequests care should be exercised in identifying what is owned by testators such as interests in companies, trusts and partnerships.

Any expenses of looking after personalty, the subject of specific bequests, such as warehousing and delivery costs are for the donee unless the will makes express provision to the contrary.

In describing personal effects it is as well to remember that it may be necessary to specifically include furniture and furnishings in sheds or detached houses, or apartments.

A release of debt is a legacy to the debtor. If releasing debt by will release the debtor and his estate, otherwise if the debtor dies before the testator the release fails and the debtor’s estate is liable for the debt.

It is important to be aware that if the will provides for a pecuniary legacy for the support of a beneficiary, the estate must ensure that sufficient funds are available to meet the liability and directions given in the will to the executor on the meeting of this liability.

This preview is an excerpt from the following publication. this publication for access to all the commentary and precedents.

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