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planning extends to what happens to our property and assets
upon death. As death is a certainty, it is wise to always
be prepared. Otherwise, not only are you going to endure psychological
problems, you will be further burdened with financial problems.
Advantages
of Leaving a Will
Increasingly, women have careers and accumulate cash and assets,
and they may also have inherited property. For married women,
leaving a will is especially important when there are young
children. For women who are financially dependent on their
husbands, it is equally important that their husbands make
a will.
Without
a Will
Without a legally binding will, your loved ones, especially
your children, could be left financially insecure. They (you
included, in the case of a husband’s death) could be
burdened with a complex, drawn-out legal battle and administrative
red tape. The law will decide who the beneficiaries would
be and no one would have the authority to deal with a deceased
person’s estate until the court has appointed an administrator.
One of
the legal complications involves applying for the Letters
of Administration where the court requires two sureties to
stand as guarantors for security of the administration of
the estate. The surety would be bonded to the amount equivalent
to the gross value of the estate. This process is usually
long and tedious, especially if nobody wants to take up the
surety.
In
West Malaysia, if there is no will, the person’s assets
are governed by the Distribution Act 1958. The act,
however, does not apply to Muslims who are governed by the
Islamic rules of succession.
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