Thursday, April 30, 2009
Remain Calm & Focus....
Wednesday, April 29, 2009
REMEMBER, GROWING OLDER IS MANDATORY.
We make a Living by what we get
We make a Life by what we give.
God promises a safe landing, not a calm passage.
If God brings you to it, He will bring you through it.
"Good friends are like stars.........You don't always see them, but you know they are always there."
Saturday, April 18, 2009
Life Is About Correcting Mistakes...
Here are some true stories....
A widow's demise had left a small child hopeless.She had a brother and she did not write a will. Her brother claimed all her assets and left her child to their auntie. Every month, the auntie requested expenses for the child but it was not easy to get it from the brother and eventually he didn't give any at all. Can u picture how sad it is....especially for the child...
Case 2
An Indian woman was not in good terms with her husband who abused her. So she wrote a will at a trustee bank. She willed all her assets to her children only. She did not know that the "will" would need some time to draft out the true copy. She was so depressed and committed suicide. Her will was not valid and her husband claimed all her assets without her consent. Her husband remarried and left her kids to her parents...without her assets.
Case 3
A father's demise left without a will to his wife, an elder daughter and a young son. After his death, his wife was so sad and depressed and didn't know what to do. Luckily, his elder daughter came back from overseas and brought his original death certificate to the legal administrator. They are entitled only half of his assets. The other half had to be legally distributed to his mother and brothers. These procedures took them years to settle and in addition they had to pay for all the lawyer's expensive charges and expenses. Why it took so long was because the other side of the family are claiming that they deserve half of his assets. They are still fighting for it....
Case 4
A widow(in Sarawak) went to the legal administrator after her husband's demise. She was told by the legal administrator that she should Thank God for her husband who left them a will. If not she and her 2 daughters would not entitled to any of her deceased husband's assets because she does not have a son to claim the legal heir right. Without a will, all her husband assets will goes to her husband's mother and brothers only. This is because the ordinance law in Sarawak here are different than the West Malaysia and Sabah. So don't think all the ordinance law works the same. Better safe guard than sorry.
Friday, April 17, 2009
Questions surrounding WILL writing
- If a person dies without leaving a WILL, the court will issue a Letter of Administration to distribute the asset of the deceased according to the Distribution Act of the country or equivalent.
- This process is called intestate succession.
- Getting the Letter of Administration may take some time and incurs legal costs. And in the meantime, all the assets of the deceased will be frozen, including the bank account, which cause inconvenience and stress to the loved ones.
2. What are the benefits of writing a WILL?
- The main benefits of writing a WILL are to ensure that all your hard-earned assets are distributed to the people or parties according to your wishes.
- And a proper WILL will also speed-up the distribution process and reduce/remove the unnecessary legal and administration costs, and relieve your loved ones from unnecessary stress, anxiety and burden.
3. Do I need a lawyer to write a WILL?
- Firstly, you need to understand that a WILL is an important legal document.
- It depends on how complicated your WILL is, the size of your estate and your knowledge in drafting a WILL.
- If you are knowledgeable and do not have a large estate, you may consider writing the WILL yourself.
- You may want to familiarise yourself with the terms and jargons of writing a will by visiting self-help websites on how to do it.
- However, if you are not familiar with the process or have a complicated WILL to draft or have a large estate, you may want to seek the advice of a lawyer.
4. Can beneficiary be a witness in a written WILL?
- No, a beneficiary cannot be a witness.
5. Does marriage affect your WILL?
- Yes. When you get married, the WILL that you have written before your marriage is no longer valid.
- You should make a new WILL after your marriage.
6. How many executors should I appoint?
- You can appoint as many executors as you wish. However, it is polite to seek the permission of the person first so that they are prepared and not be surprised when the time comes.
- Appointing one or two executors is common for most people. However, if you have a large-sized estate or complicated estate, you may wish to appoint more executors with different expertise to execute your WILL.
7. Should I pay the executor?
To answer the question, the Testator may want to consider the following:
- Dealing with all aspects of the deceased�s estate and liabilities can be challenging and time consuming.
- The larger the estate and liabilities, the longer the whole process will take.
- The executor may have his/her family with children to manage plus a full time job. The task as an executor may add additional stress and take away time from his/her family.
- The executor may have to make multiple phone calls, may need to travel to check or manage the assets, produce the necessary documentation, etc and all these cost money and time.
- The role of an executor may last from several months to several years.
- If you are appointed as an executor and have to spend considerable amount of time and effort to execute the WILL, will you want to be paid?
- However, if an executor is also a beneficiary, a family member or close friend of the Testator, he/she may choose to forgo the executor�s fee (see below).
8. How much should I pay the executor?
- If you appoint a banker, lawyer or other professional to act as your executor, be prepared to pay between 1 to 4% of your assets as the executor�s fee. An executor fee of 2% seems to be a common acceptable percentage. However, for large-sized estate, the executor fee may differ and may subject to negotiation.
- In certain countries or state, there is a minimum / maximum statutory executor�s fee. You may wish to check with your lawyer in your area for further confirmation.
9. Can I claim the expenses associated with executing the WILL?
- If you have been appointed as an executor, Yes, you can claim the expenses incurred from the estate of the WILL.
10. Can I decline to be an executor?
- Yes, you can decline or renounce the executorship by signing a �renunciation� through the solicitor of the estate.
- The solicitor will file it with the Probate Registry of the Supreme Court and the court may appoint someone to step in. Please check with your solicitor on the process which may differ.
WHY YOU NEED A WILL
Consider the years of hard work it has taken for you to build your assets (known as your 'estate'). A Will is about providing for the future of your loved ones. Dying without a Will can be costly and stressful at what is an already difficult time.
Having a valid Will in place will ensure that when you pass away your estate will be distributed amongst your loved ones in line with your wishes.
If you don't have a Will, your estate is managed by a person called an administrator. The administrator may be a family member but often a government Trustee will be appointed to administer your estate.
Without a Will, legislation will dictate how your assets will be distributed after your death and even who will look after your children, if they are still minors.
You can also use a Will to appoint a guardian to look after your children until they are old enough to look after themselves.
Having a Will gives you the opportunity to nominate an executor (the person who will take charge of your affairs after your death).