Drafting a Will
Preparing a valid and clear will, choosing the right executor, and making sure it can be carried out without a dispute.
A will decides who administers your estate and, for non-Muslims, who receives what. It does not remove the need for probate. For Muslims, a will is subject to limits and the balance of the estate is distributed under faraid.
A will is not a document for the old or the wealthy. It is a document for anyone who would rather their family did not have to guess what they wanted.
What a will actually does
A will names an executor, the person who will administer your estate. For non-Muslims it also decides who receives what. It does not remove the probate application: the executor must still apply to court before acting.
For Muslims
A Muslim will works differently. It is subject to set limits, and the balance of the estate is distributed under faraid. Families who want to give more to a particular person usually need to consider lifetime instruments rather than relying on a will alone.
Choosing an executor
The choice of executor matters more than people expect. They need to be young enough to still be able to act later, willing to take the work on, and able to deal with the other beneficiaries without conflict. A substitute should be named in case the first choice cannot act.
What makes a will useless
- A will that cannot be found after the death
- Provisions vague enough to be read two ways
- Assets named in it that have since been sold or changed
- An old will never updated after a major change in the family
- An executor who was never told they had been named
What your lawyer handles
- Taking instructions on your assets, your family and your wishes
- Advising on the law that applies to you
- Preparing the draft and explaining each provision
- Arranging execution with proper witnesses
- Advising on the choice of executor and a substitute executor
- Keeping a copy and advising on safe storage
Documents you need to prepare
- Copy of identity card
- A list of assets: property, bank accounts, shares, insurance policies, EPF
- Details of family members and intended beneficiaries
- Details of the proposed executor
- Copies of property titles, if any
Costs people often overlook
- Legal fees for preparing the will
- Witnessing and attestation costs where applicable
- Service tax of 8% on legal fees
When to stop and get advice first
- A will stored where nobody knows to look
- An executor who has since died or does not want to act
- An old will never updated after a marriage, divorce or property purchase
- Provisions so unclear they can be read two ways
- Assuming a will disposes of a matrimonial property claim
Frequently asked questions
Does a will have to be registered?
Not for validity, but it does have to be found. A will nobody can locate helps no one.
Can I write my own will?
You can, but an unclear will, or one that does not meet the formal requirements, can produce a dispute that is expensive to resolve later.
Are there limits on a Muslim will?
Yes. A Muslim will is subject to set limits and the balance of the estate is distributed under faraid.
Can I change it later?
Yes. A will can be amended or replaced for as long as you have capacity.
Who should be the executor?
Someone you trust, young enough to still be able to act later, and willing to take the work on. A substitute should also be named.
Ready to start your property matter?
An initial consultation with no obligation. Tell us about your matter and we will explain what is involved and what it is likely to cost.
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