Home What is a Will
What is a Will?
What Makes Your Will Valid? PDF Print E-mail

According to the provisions in the Wills Act 1959

  • Wills must be in handwritten, typewritten and printed (Section 5, Wills Act 1959, Malaysia)
  • Testator must sign or affix a mark at the foot end of the Will (e.g. thumb print)
  • Upon signing must be witnessed by at least 2 persons who is not the beneficiary or their spouse, above 21 years of age and sane in the same condition. (Person who sign the Will is automatically lose their portion)
Takes Effect upon the Testator Death (Until death, the beneficiary and executors have no interest or whatsoever in the testator's estate.
 
What are the Characteristics of Your Will? PDF Print E-mail
  • Details of the Testator (Name, National Identification Card No., Correspondence Address and Contact No.) 
  • Revoke all earlier Wills made.
  • Details of in expectance of marriage to the fiancée inserted. Will shall not be revoked if mentioned in the Will.
  • Appoint minimum of one executor, trustee and guardian. (Executor can be Individual or Trust Corporation under Trust Companies Act 1949.
  • Instructions to distribute Estate
  • Directions for burial and donation of organs or donation for charity.
Read more...
 
When You Can Write a Valid Will? PDF Print E-mail
  • You must attain the age of 18 (Age of Majority Act 1971).

  • You must be of sound mind.

 
What Assets of Yours Cannot be Willed? PDF Print E-mail

Life Insurance policies held under Section 166 of the Insurance Act 1996 with nominees named. (The spouse, children or parents as nominees)

Employees Provident Fund with nominees named. (Employees Provident Fund Act 1951) (A portion that is used for Unit Trust will go to the Estate)

Assets held under joint ownership, which gives right to the survival joint owner. (E.g. banks accounts with a survivorship clause, either party passed away, the surviving joint owner will receive all the assets)Native properties and ancestral properties (Harta Pusaka in Malay).

Trust created on the money payable upon death. The money does not form part of the policyholder’s estate and therefore it CANNOT BE WILLED AWAY. This money is also not subject to creditor’s claim.

 

 
When Your Will is Revoked? PDF Print E-mail

Your Will can be revoked upon:

  • Written declaration of your intention to revoke the Will dated on a certain day and sign on the piece of paper in the presence of two witnesses. The witnesses will then sign. The procedure is same with writing a Will. (Section 14, Wills Act, 1959, Malaysia).

  • Writing of a Later Will - A later Will supersedes earlier Wills. (Section 14, Wills Act, 1959, Malaysia).

  • Intentional Destruction - A Will is revoked if it is being destroyed. Accidental destruction by a malicious third party will, however, not constitute effective revocation of the Will.

  • Marriage – A Will is automatically revoked once he/she marries. However, if he/she plans to marry in the near future and a clause stating ‘in expectation of marriage’ is included, it will not revoke the Will. The details of the fiancée must be clearly stated in the Will. (Section 12, Wills Act, 1959, Malaysia)

  • Conversion to Islam - Once a non-Muslim person converts to the Muslim faith, the Islamic Law governs the distribution of the estate. (Section 2(2), Wills Act, 1959 Malaysia) 

 
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