A Will is neither a contract nor an agreement between two or more persons. It becomes a legal document only after the demise of the testator. One of the best definitions of a Will is taken from Mellows: The Law of Succession which states that ‘A Will is a declaration in prescribed form of the intention of the person making it of the matters which he wishes to take effect on or after his death, until which time it is revocable’.

In reference to the applicable law i.e. Wills Act 1959 defined Will as document where a person states his intentions as to how his estate to be administered and distributed after his death and who is to administer it. A Will may include provisions for guardianship, custody and tuition of a child ’. Furthermore, with respects to Muslim Will, Muslim Wills Enactment (Selangor) 1999 defined Will as an ‘ Iqrar of a person made during his life time with respect to his property or benefit thereof, to be carried out for the purposes of charity or for any other purpose permissible by the Islamic Law, after his death ’.

Operationally, under this arrangement the Executors named in the Will would apply for a Grant of Probate, take possession of the assets of the deceased and then distribute those assets according to the terms of the Will.