Content Of A Will


Content Of A Will

Having a will is one thing. Ensuring it has the right Content, is another. Here are the ingredients of a proper will.

1. Opening clause
This is where the testator identifies himself. It is important to include the date the will is made and an alias or any other name that the testator is commonly known by.

2. Revocation clause
The testator states that he revokes all other earlier wills. It is interesting to note that marriage revokes a will, unless the will was made in contemplation of marrying a particular person and the testator actually marries that person.

3. Appointment of executors
The testator has to appoint an executor for the will. This person will be responsible for administration of the testator’s estatee. As such, it is vital that you appoint someone whom you not only trust but who has the ability and willingness to act thus.

4. Appointment of trustee
This comes into play if your children are still young and cannot be trusted with too much money. A testator can choose to confer powers upon his trustees that are not provided for under the law (Trustee Act). For example, the power lo carry on this business after his death or to invest in investments beyond those authorized by the law.

5. Appointment of guardians
A guardian can be appointed for your children who are under 20 or 18 (in Sabah) if your spouse predeceased you or if both of you were to go at the same time.

6. Assets distribution
Specific instructions can be made on who gets what and how much of it.

7. Residuary clause
A residuary clause will normally be included to dispose of any assets that the testator did not dispose of specifically in the will. Without such a clause, anything not disposed of in the will is distributed according to the law of intestacy and hence, the testator’s wishes might not be fully realized.

8.Special Instructions
Besides the disposing of his estate, the testator can also leave special instructions such as funeral arrangements, whether he wants to be buried or cremated and where he wants his ashes to be placed.

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