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WELCOME TO OUR EVENT! EVENT DETAILS THIS IS THE CHANCE FOR YOU TO LEARN THE TOPIC: NATURE OF WILL KNOWLEGE REGARDING DATE: 10TH NOVEMBER 2020 THE NATURE OF WILL! TIME: 3 PM - 4 PM Our Honorable Speakers: VENUE: FACEBOOK LIVE Name: Ms Kang Jia Yi (https://www.facebook.com/ev Qualification: Universiti ents/804460926797016/) Utara Malaysia (UUM) Firm: Messrs Dinesh Name: Chew Kok Wee To know more about us and our Praveen Nair Qualification: Universiti event, kindly visit our website Area: Kuala Lumpur at: (https://sites.google.com/view/ esulamtest/project-page) Utara Malaysia (UUM) FACEBOOK PAGE: RAISING Firm: Messrs Low & Awareness: Succession and Probate Partners Lorem ipsum do(lhorttspitsa:/m/wetww.facebook.com/suc Area: Johor Bahru eLolitr.emSusippseunmdisdsceoelfoesrlisss.iiotAnaliqpmureaotm,bacpotrneest)ieucmtetruiseurs adipiscing quis sem. Praesent lobortis tortor eget est. Proin est ligula, molestie eu, nonummy vitae, dictum non, arcu. Quisque pulvinar iaculis libero. Mauris accumsan Both of our speakersfrinagriella metus. Vivamus rutrum ornare ipsum. In practicing lawyers whoornare varius massa. Nullam pulvinar ligula in nibh. Aliquam erat volutpat. Mauris consectetuer, leo eu dipping into in the widecursus adipiscing, leo wisi sollicitudin augue, ultricies knowledge in various fspioeednladaltseibsuspeedte dolor eu ipsum. Cum sociis natoque of law. Their pracLtoirceaml ipsum dolor sit amet knowledge will bring yLoourema ipsum dolor sit amet, consectetuer adipiscing on theelit. Suspendisse felis. Aliquam pretium risus quis sem. new understanding Praesent lobortis tortor eget est. Proin est ligula, nature of will molestie eu, nonummy vitae, dictum non, arcu. Quisque pulvinar iaculis libero. Mauris accumsan fringilla metus. Vivamus rutrum ornare ipsum. In

WHAT IS A WILL? NATURE OF WILL 2 A will is only a declaration of intention According to Section 2(1) of 1 A will only takes effect Wills Act 1959, a will is a on death  A will is a declaration which is declaration intended to have made by a living person (called legal effect of the intention of  It is an essential nature of a will testator) to declare his desires or a testator with respect to his that the wishes expressed in it are intentions. property or other matters intended to take effect on or after which he desires to be carried death, so it follows that a will only  A will is never an agreement or into effect after his death and takes effect on death. contract or settlement. It is for this includes a testament, a codicil reason that the beneficiaries of a and an appointment by will or  Consequently, the beneficiaries will should not be parties to the by writing in the nature of will under a will do not acquire an will. or testament of the interest in the property before the guardianship, custody and testator's death.  The declaration must be legal. A tuition of any child. declaration that is illegal either by  For this reason, if a beneficiary way of the ultimate objective or in So, what is the nature of will? dies between the making of the some other way will not be The followings are the basic will and the death of the testator considered as a will. answers: the gift to the beneficiary, as a general rule, it will be lapsed as such is not effective.

3 A will is ambulatory  Moreover, despite having made  That a testator can revoke a will at the will, the testator is general free any time is a natural consequence  A will can operate only on the to deal with and dispose his of his general right to deal with his testator’s death and not before. property as he wishes. property as he wishes. Thus, a will cannot confer any benefits while the testator is alive.  Since the will does not take effect  A will may be revoked even where In other words, the beneficiary until death, it is capable of it expressly states that it is not simply has a potential interest in encompassing property which the revocable (Vynior’s Case (1609) 8 the estate but receives no actual testator acquires after making his Co Rep 816) or where there is a benefit until testator dies. will. Hence, the potential contract not to revoke the will application of the will is of a (Synge v Synge [1894] 1 QB 466).  Even then, the benefit might not mobile, shifting character and that materialise if there are insufficient is what strictly meant by the will  It would seem that the only assets to satisfy the testator’s gift. being ‘ambulatory’ (from the Latin circumstance in which a will can word ambulatorius which means become irrevocable by the  It is the general rule that if the the mobile, shifting and mutable). testator personally is if the testator beneficiary predeceases the permanently loses the required testator, the gift to him lapses and 4 A will may always be mental capacity to revoke a will. the beneficiary’s estate will not revoked benefit from it.  However, for an effective  The general rule is that a will can revocation the testator must have be revoked prior to the testator’s capacity to revoke and the death. formalities set down in the Wills Act 1959 must be complied with.  Revocation of will, literally ‘a calling back’, results in the will being nullified and made inoperative, either

5 The scope is not  Also, it is not legally binding on WHO MAY MAKE A WILL? confined to disposition of the deceased’s personal property representatives, it can give Section 3 of Wills Act 1959 directions as to the manner of provides that every person of  In considering the nature of will, it disposal of the deceased’s body sound mind and attain the should not be thought that a will or that the deceased’s body or age of majority may devise, simply to effect the disposal of part of it to be donated for medical bequeath or dispose of by his property on death. or scientific purposes. will, executed in manner required, all property which  Its purpose also can be to give 6 The will is usually done he owns or to which he is other directions. in prescribed form entitled either at law or in equity at the time of his death  It can appoint persons to  The will is always made in a notwithstanding that he may administer the deceased’s estate document which conveys have become entitled to the (a personal representative testamentary intention and be same subsequently to the appointed by a will is known as an executed in the manner laid down execution of the will. executor, or executrix if they are by Wills Act 1959. female); trustees to administer the ......to know more about trusts set up under the will; and  S. 5 of the Wills Act 1959: No will wills, join our live event! guardians for children of the shall be valid unless it is in writing. testator who are minor of the date of the testator’s death.  The formalities of execution of the will also involve the signing or  A will can also give testamentary acknowledging of the testator’s powers of appointment and make signature before witnesses. directions as to the payment of taxes and other liabilities of the deceased.