Will Writing In Malaysia - Commonly Asked Questions That You Need To Know, Part 2
What is a Will?
A Will is a declaration made by a testator, in the form prescribed by Law, as to how his property is to be distributed when he dies.
If the person making a Will is a man, he is called the testator; and if a woman, a testatrix.
The Will authorizes an executor (a man) or an executrix (a woman) to collect assets, pay off debts and divide the property according to the wishes of the deceased, as stated in the Will.
Who can make a Will in Malaysia?
Anyone who has obtained the legal age of their country can make a Will. You can even write your own Will, and you need not go to a lawyer unless your affairs are very complicated.
The person making a Will is referred to as Testator/Testatrix (male/female).
- Sound mind
- If the testator is under drug influence (in medications/hospitalized), it is advised to obtain a letter from the medical practitioner. The letter must state that is testator is sound of mind and not in the influence of any medications.
- Syariah Law governs Muslim estate distribution. Please contact us for a Wasiat writing service.
The requirement for residents in Malaysia:-
Attained the age of 18 for Peninsular Malaysia and Sarawak (Section 4 Wills Act 1959 )
Reached the age of 21 for Sabah (Section 4 Wills Ordinance 1953 )
Sound mind (Section 3 Wills Act 1959)
Do you need a lawyer to make your Will?
Anyone can make a Will, and you can write your own Will. You need not go to a lawyer unless your affairs are very complicated.
What would happen if there is no Will?
Without a Will, a Letter of Administration (LA) is required. It must be granted before the Court could distribute the assets of the deceased. The LA usually takes time and incurs high legal costs. In the meantime, the assets will be frozen. The money of the deceased in the bank account cannot be touched by those who need it, for example, sending children for education or loan repayment. Hence, this will cause more stress and burden.
What are the benefits of Writing Will?
Ensure that your hard-earned assets go to the people you want to benefit in the manner you wish. Without a Will, the Law will decide on who shall inherit your assets.
A proper Will will facilitate the legal process. Thus, it relieves your loved ones from stress and burden, i.e., by reducing unnecessary complex legal battles and legal/administrative costs.
Without a Will, the deceased's assets will be distributed as the Court dictates under the Distribution Act. This might cause delays, legal conflicts, family disputes, additional costs, and stress.
Can we use an online Will Writing template?
Yes. As mentioned above, anyone can make a Will. You can write your own Will as allowed under the Malaysian Wills Act 1959.
Although you can write a will yourself, I recommend that you get expert advice on the matter.
We have Will Writing templates available for you. Please contact us to find out.
Click here to read our previous blog on Will Writing.
Contact us today for a no-obligation discussion.
Do not wait until it is too late.
NOTE: This article is only applicable to non-Muslims of Malaysia and non-natives of Sabah and Sarawak. Please contact us directly if you are Muslims of Malaysia and non-natives of Sabah and Sarawak.
Lionel Lye has made every effort to ensure the accuracy and correctness of the contents, information, or data contained in this section. Lionel Lye does not represent or warrant the truth, accuracy, completeness, and correctness.
The information herein has been obtained or derived from sources believed by Lionel Lye to be reliable. Lionel Lye accepts no liability for loss or damage suffered or incurred by you or your estate due to you relying on any advice given or any wrongful advice provided by Lionel Lye or howsoever arising from the use of the information or material presented herein.
If you know that the information in Malaysia differs from that given above and can supply excellent references to prove it, please contact us.
This page is intended for educational purposes only and should not be used to inform personal decisions. If you are in any doubt about the age of consent law in your region, please seek expert legal advice.