With a Will and Without: What Changes

A will changes two things in an estate matter: who administers it, and for non-Muslims, who receives what. It does not make the process unnecessary.

Where there is a will

A will names an executor. That executor must apply to court for probate before acting for the estate. Until the grant is issued, the executor has no authority to sell, transfer, or draw on the deceased’s accounts.

What a will saves is not the application step but the disputes: who should administer, and for non-Muslims, how the estate is divided.

Where there is no will

With no will there is no named executor. A beneficiary applies for letters of administration, and the court decides who is appointed as administrator. That application commonly requires sureties or a bond, depending on the circumstances.

Distribution then follows the law: faraid for Muslims, confirmed by a faraid certificate from the Syariah Court, and the Distribution Act 1958 for non-Muslims.

Muslim wills

A Muslim will works differently from a non-Muslim will. It is subject to limits, and the balance of the estate is still distributed according to faraid. Families who want to give more to a particular person often need to consider lifetime instruments rather than a will alone.

Common mistakes

• Assuming a will means no court application is needed
• Keeping the will somewhere nobody knows about
• Naming an executor who has since died or does not want to act
• An old will never updated after a divorce, a marriage or a new property purchase
• Assuming a will disposes of a matrimonial property claim

Frequently asked questions