GENERAL FAQ

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 passing.

What makes a Will legally binding?

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

The testator (the person who writes the Will) must be at least 18 years old when writing the Will.
The testator must be of sound mind and not under any influence at the time of writing the Will.
The Will must be in written format and has the testator physical signature. Digital signature is not recognized.
The Will must be signed by two (2) witnesses.

Do I need a Will if I am still young and do not own many assets?

Life is unpredictable, having a Will ensures that your loved ones (parents) can inherit your assets without unnecessary delays or complications. Regardless of the size or value of your assets, they hold significance for your loved ones.

Do you need a lawyer to prepare a Will?

No, as long as the Will is in written form and meets the requirements of the relevant laws, it is considered valid and legitmate.

What happen if I die without a Will?

When an individual dies without a Will, they are considered as “intestate” and their assets are immediately forzen and must be distributed according to the Distribution Act 1958.

Who can be the "witness" for my Will?

Anyone who is above 21 years old, mature, literate and they are not a beneficiary or spouse of the beneficiary in the Will.

Who should I appoint as the "executor" of my Will?

This person, often a family member, friend, or legal professional, assumes the responsibility of managing your affairs and ensuring that the terms of your will are executed according to your wishes.

What type of assets cannot be covered in a Will?

Employee Provident Fund (EPF) and Insurance policies nominations will supersede the Will as they are governed by separate Malaysian Laws.

What is Residuary Estate and why is it important?

The Residuary Estate play an important role in ensuring the remaining assets not specifically mentioned in the Will or obtain after signing the Will shall be distributed according to your wishes and not through intestacy.

Can I produce my Will on videotape or Mobile recording instead of writing everything down?

No, under Section 5 of the Wills Act 1958, all Will must be in written.