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1958(1997)
INTESTATE LEAVING SURVIVING
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The Star Online > Last 7 Days > 30 Sep, 2003 > Nation Tuesday September 30, 2003
Foongs uncle Foong Soh Har, 60, said that following his nephews death, things had gone missing from the scene, including Wing Kuan's passport, cellphones, gold chain and wallet.
Soh Har told a press conference organised by MCA Public Services and Complaints Department head Michael Chong yesterday that his nephews room also looked like it had been ransacked.
He said that a woman claiming to be Wing Kuans fiances mother took away the house keys and some documents but was pressured to return them following intervention from the police.
Soh Har was furious and sad that someone had suggested to the press that Wing Kuan had committed suicide because he was heartbroken when his girlfriend had suggested a break-up. My family kept in close contact with him and we know. Even his colleagues, friends and neighbours have no knowledge of him having a female companion, he said. However, he said that his nephew, who was brought up single-handedly by his father after his parents divorced when he was three, had been depressed over his fathers death. He said he and other relatives believed that Wing Kuan had also been feeling guilty following his fathers death from a heart attack early this year because he could not fulfil his fathers last wish of wanting to see him. Soh Har said his nephew, who was the only son, had rushed from Kuala Lumpur to Johor Baru to see his dying father but was late by an hour because his car broke down. Apart from operating a law firm with a partner in Kuala Lumpur, Wing Kuan was also active in social work through his involvement as Youth deputy chairman of the MCA Ampang Jaya branch. To put a stop to strangers coming forward to make claims, Soh Har urged Wing Kuans mother, who is believed to have remarried and now lives in Penang, to contact him to settle Wing Kuans property as he had not left a will. We have lost contact with her for many years but I believe my nephew had got in touch with her early this year. We believe some of the property has been put under her name and she is entitled to my nephews wealth, he said. Soh urged the woman, identified only as Chiam, to contact him at 012-253-6921 or call Chong at 03-2161-8044.
Can one imagine the distress and frustration of living party when the money cannot be withdrawn for the most important purpose funeral.
It is easy to say you must get an L.A. (Letter Of Administration). Getting an L.A. would take years and in the meantime how are we to survive? Dontt let this happen to your family.
NOTE : to classify all joint accounts to the surviving joint Account holders.
A Will is a declaration made by the testator in a form prescribed by the law on matters which he/she wishes to take effect upon his/her death.
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D.I.Y Will
ARTICLES OF LAW By BHAG SINGH
INCREASINGLY more people want to make a will today and there are companies and individuals offering will writing services, though this is a task that was earlier thought to be better entrusted to a lawyer. A reader who calls himself Chan who had made a will through a will-writing service would like to change the will that was made for him and he wants to know whether he can do it himself.
Certainly there is nothing that prohibits a person from preparing his own will. It is also not important if a solicitor or a professional will writer is involved. What is important is that the person who prepares the will has the expertise to prepare the document. Preparing a meaningful will is not a matter of looking at a few examples and then choosing one.
In many cases it
requires the person (called the donor) who is giving away his property through a will to be clear as to what he has in mind. A will enables a person to direct how his property will be dealt with and whom it will go to when he is no longer alive. The person who prepares the will must clearly put in writing t he wishes of the donor. In the case of non-Muslims, the Distribution Act 1950 provides for how the property is to be distributed in case there is no will. However, for Muslims only one-third of the estate at most can be willed away. The remaining two-thirds must be distributed according to Syariah law. A will therefore allows the donor to have his wishes carried out to the extent that the law permits. An example of a potential problem can be better appreciated in the following example that invol ves non-Muslims. The analogy will ne vertheless apply to Muslims in respect of the one -third they are allowed to will away. In many cases a person would want to leave all his property to his wife and then wish that the property will go to their children equally or any other proportions desired. Thus he may in his will leave all the property to the wife. In such event on his death the wife will inherit all the property. She then becomes the owner. In law she would be entitled to give away the property as she wishes. Of course in most cases she will do what the husband wished, but legally she is not bound to do so. She can prefer some children to others or even leave them out completely. So what do you do? In many cases the husband and wife may make cross wills with each giving his/her property to the other who survives and then the property to go to the children equally or in whatever proportion desired. However, once the husband or wife dies, the surviving party is entitled to change his or her will. The law does not impose any restrictions on this because a will is always revocable by the donor who made it. Where a person has an absolute desire to ensure that the property eventually goes to the children, an alternativ e would be for the property to be held in trust for the children by the survi ving spouse with the spouse having the option to the enjoyment and benefit of the assets. In this case, the benefits to be enjoyed by the surviving spouse will have to be defined in clear terms so that the objective of the donor may be best achieved. For this purpose the extent of the benefit will need to be defined as well. What would be the position in the remote possibility of the entire family, including the children, passing away? This could lead to considerable uncertainty. To provide for such an eventually the will could state that the husbands assets will go to his side of the family and the wifes assets to her side. Or it may be that in such an e vent the whole estate or part of it could go to a charitable body or fo r specified charitable purposes. Then there are situations where either the husband or the wife may wish to give specified amounts to his or her family after the person dies. This could again be provided for in the will specifically. Hence a will is capable of dealing with a persons assets after his/her death in considerable detail and a great degree of certainty. Coming back to the earlier question as to whether a person can prepare his own will, there is certainly no reason why this cannot be done. In doing so the matters set out above could be taken into consideration.
However, the individual should familiarise himself with the intricacies of the subject and not merely copy another persons will.
At this point it is only possible to set out the formalities which must be complied with. A will must be in writing and its execution must be witnessed by two witnesses who together with the donor must all sign in the presence of each other.
Finally it must be pointed out that anyone who wishes to prepare a will himself should read the Wills Act 1959, the Distribution Act 1958 and the Inheritance (Family Provision) Act 1971.
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