What are the differences between having a Will and not having a Will in Sabah?
1. What is the Last Will and Testament?
A Last Will and Testament is a legal document in which an individual, known as the testator, specifies the distribution of their assets post-mortem according to their wishes.
2. What are the requirements to make a valid Will?
- Testator must not be under the age of twenty-one (21) years old.
- Testator must be of sound mind.
- The Will must be made in writing.
- The Will must be made voluntarily.
- The Will must be signed by the Testator and witness by two (2) persons (should not be the beneficiaries and/or beneficiaries’ spouse).
- The Will must be signed by the witnesses in the presence of each other and also in the presence of the testator.
3. What are the differences between having a Will and not having a Will?
| Particulars | Having a Will in Sabah | Not having a Will in Sabah |
|---|---|---|
| Distribution of Assets | Control Over Estate You decide who inherits your assets. | State Decides The distribution of your assets is determined by Sabah intestacy law (Intestate Succession Ordinance 1960). |
| Requirement of Surety | Not Required No surety bond is required. | Required You might get an exemption at the Court’s discretion. |
| Guardianship | Guardians For Minors You can appoint guardians for your minor children. | Court Decision The court decides on guardianship for minors, which might not be your preferred choice. |
| Potential Delay | Faster Probate Process Will can lead to a more streamlined and quicker process with less costly. | Potentially Lengthy Process The absence of a Will might prolong the process and increase costs. |
| Family Disputes | Reduced Family Disputes A clear Will can minimize conflicts over your estate. | Increased Risk of Disputes Family members might dispute over the distribution. |
| Flexibility | Flexibility in Distribution You can include friends, charities, or non-immediate family members as your beneficiaries in you Will. | Limited to Legal Heirs Only legal heirs as defined by law will inherit, possibly excluding those you care about. |
If you have any questions or require any additional information or clarification, please contact our lawyer that you usually deal with.