What is a Will?
A Will is a legally binding document in which an individual states his or her wishes regarding the distribution of their estate after their passing.

What constitutes a legally binding Will?

According to the Malaysia Will Act of 1959, a Will is considered legally binding if it meets the following criteria:

The testator (the person making the Will) must be at least 18 years old when writing the Will.

The testator must be of sound mind at the time of writing the Will.

The Will must be in written format and has the signature of the testator.

While a Will can be written in any language, English is preferred.

The Will must be signed by two witnesses, and both the testator and the witnesses must sign the Will simultaneously.

Is stamping required for the Will?

No. A legally binding Will does not require stamping at the LHDN office.

Which Act governs a Will in Malaysia?

In Malaysia, a non-Muslim Will is governed by the Wills Act 1959 while a Muslim Will is governed by the Shariah Law.

Why do I need to make a Will?

You should make a Will for the following reasons:

There isn’t a centralized system for your beneficiaries to verify individual estates.

Without a Will, there’s no legal assurance that your estate will automatically be transferred to your beneficiaries.

Why do I need a Will if I don't have many assets to pass on to my family upon my death?

Regardless of the size or value of your assets, they hold significance for your loved ones, especially those who depend on you. Creating a Will is about leaving a legacy of love and ensuring the protection of the treasures you’ve accumulated. Furthermore, as the years go by, your assets may increase in value. A Will can encompass assets acquired or inherited in the future, eliminating the need for revisions unless you choose to make them.

I'm in my 30s/40s. Isn't that too young to write a Will?

Life is unpredictable; what we take for granted today might change tomorrow. Once you’ve reached the age of eighteen, it’s prudent to consider writing a Will. Doing so ensures that your loved ones can inherit your assets without unnecessary delays or complications.

Is a Will compulsory? What are the importance and benefits of having a Will?

While a Will is not legally mandatory, it is essential for you to:

Distribute your assets according to your wishes and not be dictated by the Distribution Act 1958.

Decide on the Executor(s) for your Will.

Appoint a Guardian for your children if they are below 18 years old.

Avoid any hassle or delay in the court procedures for the distribution of your estates.

Minimize potential family conflicts over inheritance.

Do you need a lawyer to prepare a Will?

In Malaysia, the law does not mandate that a Will must be prepared by a lawyer. As long as the Will is in written form and meets the requirements of the relevant laws, it is considered valid and legitimate.

I don't have many assets; do I still need a Will?
Assets encompass more than just tangible items like houses, shops, lands (i.e., properties), jewelry, and motor vehicles. They also include cash in banks, cash on hand, investments, EPF savings, insurance policies, copyrights, trademarks, shareholdings, and even digital assets like Bitcoins and domain names. A Will allows you to specify how you want these physical and intangible assets distributed. Additionally, in a Will, you can designate guardians for your minor children and identify your beneficiaries.

In summary, if you pass away without a Will, the distribution of your assets (regardless of their quantity or form) and the future welfare of your children or beneficiaries will be determined by the Court in accordance with the Distribution Act.

What happen if I die without a Will?

In legal terms, when a person dies without a Will, they are said to have died “intestate.” In such cases, their assets are distributed according to the Distribution Act 1958 (For non-muslim in West Malaysia). Your family might not be aware of all the assets you own. As a result, your assets may not be passed on to your desired beneficiaries or may not be distributed in the manner or proportion you intended. Therefore, it’s crucial to draft a Will.

Who is eligible to make a Will in Malaysia?

Any person who meets the following criteria is eligible to draft a Will:

Aged 18 years old and above

Sound minded

Can be a Malaysian with assets in Malaysia and/or abroad, or a foreigner (non-Malaysian) with assets in Malaysia.

Who can I appoint as the Executor of my Will?

According to the Wills Act 1959, anyone above the age of 18 who is of sound mind and not bankrupt is eligible to become an executor of a Will. You can amend or change the executor at any time before your death. The beneficiary of your Will can also serve as the executor. Before appointing an executor, you should obtain their consent to prevent any potential refusal or disputes later on.

What are the responsibilities of the Executor in my Will?

The executor of your Will serves as a trustee, safeguarding your assets until they can be distributed to the beneficiaries. Should there be any reasonable expenses during the Will’s execution, the executor can claim them under The Trustee Act. While a single executor is typically sufficient for your Will, you should appoint at least two (2) executors if any beneficiary is under 18 years old.

The executor’s responsibilities in your Will include the following:

Locate the original Will and schedule of estate.

Apply for a Grant of Probate and execute the distribution of assets thereafter.

Gather all the assets.

Pay all outstanding debts and taxes.

Distribute the assets according to the Will’s instructions to the beneficiaries.

How to execute a Will?

Please read the details of the Will Execution page on our website.

Who can be the Guardian?

According to the Guardianship of Infants Act 1961, upon the death of one parent of a child, the surviving parent, if any, shall automatically become the guardian of the child below the age of 18. Hence, there’s no need to appoint your spouse as the guardian of your child in your Will.

Anyone can be appointed as the guardian of your infant child, provided they meet the following criteria:

Aged 18 and above

Sound-minded

Capable of caring for a child below the age of 21

Able to provide for the basic needs of a child below the age of 21

Once the child reaches the age of 21 years, the guardianship is automatically terminated.

Who can be the beneficiary of my Will?

In essence, you can designate ANYONE to be the beneficiary of your Will, including:

Individuals regardless of their relationship to you

The Executor of your Will

A mentally disabled person (an appointed Guardian or an Attorney is required)

Children below the age of 18 years (an appointed Guardian is required)

However, there are exceptions:

Individuals with active bankruptcy status

Witnesses to your Will

Immediate family members of the Witness

What If the Beneficiary Passes Away During the Execution Process?

Should this occur, the execution process of the Will may take longer than anticipated. Depending on the circumstances:

a) If the beneficiary does not survive for 7 days after the Will maker’s death – their designated portion will be equally divided among the other beneficiary(ies). If no other beneficiaries are present, the assets will be considered as residuary assets.

b) If the beneficiary survives for more than 7 days after the Will maker’s death – the beneficiary will still inherit their designated portion, and the assets will be distributed according to the beneficiary’s own Will. If the beneficiary did not have a Will, the assets will be distributed according to the Distribution Act 1959.

Who can be the Witness to my Will?

The witness to your Will must meet the following criteria:

He/she is not a beneficiary.

He/she is not an immediate family member of the beneficiary.

He/she must be aged 18 years old or above.

He/she must be of sound mind.

He/she is a third party to the testator (for example: friends, Will Writer).

What is the responsibility of a Witness?

The responsibilities of a Witness to a Will are:

To ensure the Testator is of sound mind when writing the Will.

To ensure the Testator signs the Will himself/herself, places a thumbprint, or instructs another person to sign on their behalf.

To ensure the Testator signs every page and provides detailed information on the last page of the Will.

The Witness does not need to know or understand the contents of the Will.

Do I need to include any overseas assets I own in my Will?

Yes. A Will allows you to list all the assets you own, both in Malaysia and overseas, ensuring your family or beneficiaries are fully informed. This makes the distribution process easier and minimizes potential disputes in the future. If you own overseas assets, in addition to including them in your Malaysia Will, you should also draft a separate Will in the respective country. Each country has its own laws regarding wills, inheritance and the distribution of a deceased person’s estates to beneficiaries.

Can I revoke my own Will?

Yes, you can revoke your Will at any time. A Will will be revoked automatically under the following conditions:

when you write a new Will.

when you get married or remarried.

when the original Will is destroyed.

When you voluntarily revoke the Will in writing, witnessed by 2 individuals.

Note: If you get divorced but do not remarry, your Will remains effective and un-revoked.

What is meant by “Last Will & Testament”?

When duly signed and witnessed, the Will you receive will automatically revoke any previous Wills you have written. It will be regarded as your “Last Will,” unless subsequently revoked by another Will.

Can I write a Will by myself?

Yes, you can if you wish. However, if you make a mistake or omit something crucial, your Will might become invalid. Especially when there are multiple beneficiaries and assets, the content and execution procedure of the Will can be complex. A DIY Will might not legally reflect your wishes. Thus, it’s highly recommended to consult a professional Will Writing company or utilize a reputable online Will writing platform like SmartWills to ensure your Will is valid and legitimate.

Can someone challenge my Will after I die?

Yes, they can. That’s why it’s essential to make sure your Will is valid and aligns with the Laws of Malaysia.

What are the risks inherent in writing a Will?

A Will doesn’t override prior nominations in your insurance policies or Employee Provident Fund (EPF). If a beneficiary named in your Will is under 18 at the time of your passing, their share will be managed by the appointed guardian until they reach 18.

I do not have a Witness, can I appoint my SmartWriter as my witness?

Yes, however, SmartWriter reserve the right to charge up to a maximum of Rm100/witness per Will.