On several occasions, some people are wondering the need of having a will. He might think to let the natural laws take place but some may want to have a say on their estate distribution even after their dead. This write up make a comparison between a deceased person having a will and not having a will.
| Perspective | A Deceased Person with Will | A Deceased Person without Will |
1 | Effects after a person dies | The deceased’s will could be unsealed and announced by the named Executor to the Beneficiaries. | The relatives, next of kins, creditors (“the related parties”) will decide whether to apply for estate application. If no decision made, the estate of the deceased will leave unattended. |
2 | Right to Choose the Person to administrate your estate | Yes. You may appoint a capable person who is younger than you to administrate. | No. The related parties may decide. If no consensus, may lead to endless fight or joint-administration. |
3 | Right to give your movable and immovable property | Yes. You could decide what are the properties and items to your favorite persons. | No. The share is according to Distribution Act 1958. |
4 | Right to give the power to the person who is administrating your property | You could empower the Executor to sell the property or to manage in a specific method. | No way to decide. The power of the Administrator is stated in the Probate and Administration Act 1959. If it is not found in the Act, the Administrator has to apply to court. |
5 | Determinate the usage of your movable and immovable property. | You may have a specific legacy, ie. usage of the matrimonial house. | No way to decide. The related parties will decide how to use it and follow to the Act. Some may tends to abuse. |
6 | Restriction of the usage | Yes. | No way to decide. The related parties will decide how to use it and according to the Act. |
5 | To appoint guardian, if minors involve | To choose your own guardian with minimal person of two. If you have a minor, it is highly recommended to appoint guardians. | The survival parent is the guardian but any intended person could apply to court for a joint-guardianship. If no survival parents, any person could apply to the court. |
6 | To set testamentary trust | Yes. | Not allow. |
7 | Family Disputes | This will happen whether you have a Will or without. But having a Will could minimize the dispute. | |
8 | Duration to administrate your estate | Shorter because according to your wish. | Longer because the related parties need to prove to the court and challenges to Administrator. |
10 | Flexibility, Amend, Revoke | Flexible and able to change according to your wish. | Not flexible, the beneficiary must accept unless renounce. |
11 | Cost | Generally Cheaper because all are pre-determined. | Finding the details of the property and application procedure will take time. |
12 | Right of Renunciation by the Beneficiary | Allow. | Allow. |
With the above comparison, one is able to see the choice of the party whether to have a Will or not. Your estate planning should be done properly so that your family members are all protected.