Will Writting

A will might not be the most exciting document you’ll ever create, but it’s one of the most powerful. Having a valid will ensures your loved ones are protected, your assets are properly distributed, and your final wishes are respected, instead of being left to chance or lengthy legal processes.

What Is A Will?

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:

  • An executor, who carries out your wishes; and
  • A guardian, if you have minor children.

In Malaysia, non-Muslims are governed by the Wills Act 1959, while Muslims follow inheritance rules under faraid (Islamic law) and Syariah courts.

Why Having A Will Is Important?

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.

Legal Requirements For A Valid Will

To make a valid will under Malaysian law (for non-Muslims):

  • It must be in writing (handwritten or typed).
  • The testator (the person making the will) must be at least 18 years old and of sound mind.
  • It must be signed by the testator in the presence of two witnesses, who must also sign the document at the same time.

(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.

With Or Without A Will — What’s The Difference?

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.

When To Write Or Update A Will

The best time to make a will? Now.

You should write your will when you:

  • Get married or divorced
    Have children
  • Buy or sell property or a business
  • Experience major financial changes
  • Move overseas or change residence
  • Have other dependants or assets
    Have specific wishes after death

It’s wise to review your will every few years or whenever your circumstances change.

Summary

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.

Facebook
Threads
WhatsApp
Enquire Now