Tuesday, August 05, 2008

Will the Will Work

I am about to write on something which to many is not welcomed. It's about Wills. I am given to understand that writing a will is "Sunat" as when one is about to travel, such as going to perform the Hajj in Mecca, it's "Sunat" to write a will, in case you unexpectedly pass away during the journey. Furthermore some people regard the matter as "Taboo" as Yaakob Rahman Wilhelm who managed the HNP Service, a home nursing provider one day said to me, because it's not nice to talk about one's demise.Well I am in the midst of drafting a will and I contacted a local trustee company whose existence is just about three years old. They have a very impressive Board and also Advisers, many are experts in their fields and well positioned in society. I was impressed at first and called the Company. I talked to someone at first and then I was directed to the Legal Dept. I was told to expect a guy who would come and see me at home. How wonderful, I thought at first as going through the traffic in Kuala Lumpur is the most dreaded thing for a retired person like me. At the appointed date, the guy came to my house and in fact I told my sons and daughter to be present. But since the timing is not suited to their working schedule, only my wife and Haniff listened on what service is offered by the Company.It was a refreshing experience because the guy is knowledgeable in the Shari'ah compliant business of which the Company is operating. So he promised to deliver the draft the following Monday. I thought this is a super efficient company, because my late father in law had to deal with a person who was an executive in the Trustee industry many many times even before a draft could evolve! When I called up the guy to remind him of his promise, he was profusely apologetic as he was occupied and could not deliver his promise and he would send me the draft as soon as possible. I waited for several days and he promised to come and see me again, but he did not. When the first draft was e-mailed and I could not retrieve it due some technical glitch of my browser, I asked him to send me the hard copy. But it was another person who rang me up wanting to make sure my address. I began to question the efficacy of the Company as what this guy did. Then he spoke to me over the phone apologising for the inability to meet me and discuss the draft. Today when I opened my mailbox, there is this draft which had been revised in accordance to my so-called wish. I wasn't impressed this time around. Now I have second thoughts and am thinking of calling up the CEO of the Company. But he might be thinking whether I am loaded and have a Swiss Bank account and properties in London and Melbourne. I am as poor as a church mouse, and I survive on my govt. pension alone. My assets could not even qualify me to be in the million-dollar club, as even the house in which I am staying is only 50% owned by me and the other 50% is my wife's. I have a thin bank account and a less than maximum amount invested in ASB, plus a tiny fixed deposit with a shari'ah compliant foreign bank which is incorporated here. I have sent my note to the Company that I would like to contact the CEO on this subject matter of Will. I thought the Company had an impressive line of Directors as well as Board of Advisers. But sometimes you should not judge a book by its cover. If this question of Will is taboo to many, will it finally work out as I had imagined? Only time will tell.

2 comments:

fish said...

Dalu Dalu,
Call me Fish, please…I have drafted my will (being a self-professed will writer) to save the high priced professional fees. On the financial aspect, I trust we are of the similar league except being debt-free of the home I live in now. I do wonder whether it is really necessary for a third party trustee to formalize our humble will? Or would two witnesses in the presence of the Commissioner of Oath suffice?

abdulhalimshah said...

Dear Fish,
Well, if you want to save money, then any will can do as long as it is notarized.
But I want to appoint an executor cum trustee to administer the deed. Thus once the Will is attested and upon one's demise it becomes operational, the course of the law shall take place. The fee is realatively small compared to the hassle of getting all the beneficiaries to agree or disagree once you are gone. The will facilitates a lot of matters which could emerge and might cause a lot of heartaches to many.
So let's not be penny wise and pound foolish.