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Friday, April 09, 2010

Sample of last will and testament of a non-muslim

Herewith sample of last will and testament for non-muslim. Caveat : Please see a lawyer for appropriate legal advise before adopting. This is just a sample only and the write is not responsible for any losses, damages etc.


LAST WILL AND TESTAMENT OF [ ]


I, of ………..do hereby revoke all former wills codicils and testamentary dispositions made by me and declare this to be my last will and testament:-

1. I appoint my two sons, ………… (NRIC NO…….. OLD IC NO…..) and ….. (NRIC NO. ……..) to be the Trustees and Executors of this my will.

2. I give to my daughter in –law …… my 2 dogs It is my express desire that my daughter-in-law shall keep the said 2 dogs. I give to my son ……. my Maserati V8 sportscar. I direct my executors to give to my daughter-in-law [ NAME ] the two gold bracelets that she had previously and kindly bought for me. I give to my daughter …… (NRIC NO. ……), my god-daughter …… and my daughters-in law ….. and ….. such of my jewellery as shall already been allotted by me for them in packets. The balance of my jewellery shall be distributed equally between my daughters-in-law …., ……. and my daughter …...

3. I devise and bequeath my

(a) casino at [ ] held under title [ ]; and

(b) my shares in SKIM CEPAT KAYA Co to my Trustees upon trust to sell, call in and convert the same with power to postpone such sale conversion thereof so long as my Trustees deem fit without being liable for loss and hold the net proceeds thereof in trust for the following named beneficiaries and in the following proportions:-

(i) one half (1/2) share to be divided equally between the children of my son ….. living at the time of my death; and

(ii) the balance one half (1/2) share to be divided equally(if more than one) between the children of my son …….

PROVIDED ALWAYS THAT and I hereby declare it to be my intention that if my son ……… shall have no child/children at the time of my death, then such child/children's share shall be given to my son ……. absolutely.

4. I give all stocks and shares registered in my name in whatever companies and accounts held by me including but not limited to the ……. held by me in …….. (of which one account is held under the name of ……) and at …….to the beneficiaries and in the proportion and manner as set out in paragraph 3 above.

5. Subject to the payment thereof of my just debts, funeral and testamentary expenses and all estate duty payable (if any) in respect of my estate, I devise and bequeath my money in hand and in the banks wherever situated including the account held in the name of ……. to my trustees upon trust to distribute as follows:-

(i) firstly, a sum of RM1-00 shall be given to my son …. as he has diligently been giving me a monthly sum of RM00.00 in my lifetime for my maintenance and use;

(ii) secondly, a sum of RM900,000-00 shall be given to my god-daughter …….; and lastly

(iii) the remainder shall be divided equally between my sons, ……, my daughter ……. and my daughters-in-law …..that any vehicle owned by me shall be sold and the proceeds divided in the manner as set out in paragraph 5 (iii) above.

6. I devise and bequeath all my other movable and immovable properties wheresoever situated to my Trustees upon trust to distribute equally between my sons absolutely.

7. If any of my son or daughter or daughter-in–law or if any beneficiary shall die before attaining a vested interest as aforesaid, leaving legitimate issue, such legitimate issue shall take such deceased son or daughter or daughter-in–law or beneficiary's share (if more than one shall be divided equally between them) otherwise such share shall be given to my surviving sons/daughter in equal shares.

9. My trustees shall hold on trust all minor beneficiaries' share until they attain the age of eighteen (18). Prior any beneficiary attaining the age of eighteen, my trustees may in their absolute discretion apply the whole or such part of each minor beneficiary's share for his/her education or maintenance or benefit as may in all the circumstances be reasonable.

10. I further direct that all persons not expressly mentioned in this will shall have no claims whatsoever to any of my estate whatsoever and wheresoever.

IN WITNESS WHEREOF I have hereunto set my hand this day of 20 .

Signed by the abovenamed ]

……………………………………………………………………….. ]

as her last Will and Testament ]

in the joint presence of herself and ]

us who at her request and in such ]

presence have hereunto subscribed ]

our names as witnesses:- ]

……………………………………………………………

2 comments:

Karl Co said...

hi, saya fira, ingin bertanya satu soalan, for a non Muslim's will, how can i enter a condition or restriction in a will? I mean, if i want to give a house to my sister in my will, how can I make sure that she can never dispose off the house, meaning i only give the house to her to let her stay in it, never to dispose it??

plz advise, tq

Superstage said...

Let me rephrase the question:

A will is a legal document, to convey the wishes of the soon-to-be deceased. After a person leaves this world, how can it be enforced, if the conditions of the will is not adhered to?

It is a tough question. You cannot be sure that the conditions would be adhered to. Because when you give/convey property it should be absolute. Kalau bagi tu bagi terus la. Sebaik-baiknya tak perlu letak conditions as we are no longer around to ensure that it is adhered to. Enforcement to prevent the bequeathed property being sold, boleh cuba, tapi the risk it goes contested in the courts are high. Then there would also be extra legal costs.

Alternatively, you can set up a trust for this. There is a legal document called a Trust Deed where you appoint someone or a group of person to administer it for you, in trust and for the benefit of your sister. In this case, the subject matter is a landed property. There you can put such conditions or powers. You must specifically mention that the Trustees cannot sell the property. Bear in mind that the Trustee needs to be empowered to maintain the property, pay the quit rent etc and they also need to be reimbursed for their job.