A will (also called a last will and testament) is a legal document that outlines how your assets such as property, savings, and personal belongings, should be distributed after your death. It also lets you name:
In Malaysia, non-Muslims are governed by the Wills Act 1959, while Muslims follow inheritance rules under faraid (Islamic law) and Syariah courts.
Writing a will gives you control. Without one, your estate is distributed under the Distribution Act 1958, which applies a fixed formula regardless of your personal relationships or wishes.
That means your spouse, children, and parents receive shares decided by law, not by you. Others like unmarried partners, stepchildren, adopted children, or close friends may be left out entirely.
A well-written will also prevents family disputes, shortens the legal process, and ensures a smoother transfer of assets. Your executor can apply for a Grant of Probate to settle your estate quickly, instead of waiting months for intestate proceedings.
To make a valid will under Malaysian law (for non-Muslims):
(Witnesses cannot be beneficiaries of the will.)
Keep the original copy in a safe place, such as a lawyer’s office or a safety deposit box, and let your executor know where it’s stored.
If you die with a will (testate), your executor distributes your estate according to your wishes.
If you die without a will (intestate), your family must apply for Letters of Administration, and the estate is divided under the fixed rules of the Distribution Act 1958. This process takes longer, costs more, and gives you no control over who receives what.
The best time to make a will? Now.
You should write your will when you:
It’s wise to review your will every few years or whenever your circumstances change.
| Aspect | With A Will | Without A Will |
Asset Distribution | You decide who inherits (family, friends, charities). | Law decides based on intestacy rules – only legal heirs (spouse, children, parents, siblings). |
Children’s Guardian | You choose who cares for minor children. | Court decides – may not be who you prefer. |
Executor | You appoint a trusted person to manage your estate. | Court appoints someone (not always your choice). |
Family Disputes | Reduced risk, since your wishes are clearly written. | Higher chance of conflicts due to uncertainty. |
Probate Process | Usually faster and less costly. | Often slower and more expensive. |
Flexibility | Can leave gifts to anyone (including charities or non-relatives). | Only legal heirs recognized by law can inherit. |
Peace Of Mind | Assures your loved ones that everything is planned. | Loved ones face stress, delays, and potential disagreements. |
Cost & Effort | Requires time and small cost to prepare (lawyer/professional). | No upfront cost, but family may face higher costs later. |
A will is not just for the wealthy. It is for anyone who cares about their family’s future and wants peace of mind. It is clear, affordable, and ensures your assets go where you want, your loved ones are protected, and your legacy is handled with care.
So don’t wait for “someday.” Write your will today, and give your loved ones peace of mind tomorrow.
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