7 Fun Facts About Wills in Malaysia That Might Surprise You!
When people hear the word "Will," they often think of something serious and formal. But did you know that Wills in Malaysia have some interesting, quirky, and even fun aspects to them? Whether you're planning to write one or just curious, here are seven surprising facts about Wills in Malaysia that might just change the way you look at legacy planning!
1. You Can Write a Will on Almost Anything!
In Malaysia, there’s no rule that says a Will must be typed on a fancy legal document. As long as it’s handwritten, signed, and witnessed properly, a Will could technically be written on a piece of tissue paper or even the back of an old receipt! However, for clarity and legality, it’s always best to draft your Will on proper paper and through the right legal process.
Fun Fact: There have been cases in other countries where Wills were written on walls, tractor fenders, and even engraved onto wood!
2. You Can Write a Will in a Language Other Than English or Malay
Many people assume that a Will must be written in English or Malay to be legally valid in Malaysia. However, the truth is, a Will can be written in any language as long as it is properly signed and witnessed.
That means if you’re more comfortable writing your Will in Mandarin, Tamil, Iban, or even a local dialect, it is still legally enforceable—as long as the court can translate and understand it. However, using a common language like English or Malay can help avoid potential misinterpretation or disputes.
3. If You Die Without a Will, the Government Decides Who Gets What
Many people assume that their spouse or children will automatically inherit everything. But in Malaysia, if you pass away without a Will (known as dying intestate), your assets will be distributed according to the Distribution Act 1958.
For example:
- If you’re married with children, your spouse gets ⅓, and your children share ⅔.
- If your parents are still alive, they also get a share!
This might not match your wishes, which is why writing a Will ensures your assets go exactly where you want them to.
4. Your Will Cannot Override Certain Nominations
Many people think that their Will can distribute everything they own, but in reality, certain assets like EPF (Employees Provident Fund) and insurance payouts are governed by nominations. This means if you’ve named a nominee in your EPF account, that person gets the money—regardless of what your Will says.
Solution: Always review and update your nominees to match your estate planning goals!
5. You Can Give Someone a Very Unusual Inheritance
Most people leave behind cash, property, or valuable items in their Will—but did you know you can leave something unexpected too?
In Malaysia, as long as it’s legal, you can gift almost anything in your Will. This includes:
✅ A personal collection (such as rare sneakers, comic books, or luxury handbags)
✅ A "time capsule" message to be opened in the future
✅ A paid-for vacation for your children or grandchildren
✅ A unique conditional gift, such as requiring someone to complete a challenge before receiving their inheritance
Fun Example: In some countries, people have left their friends "beer money" in their Wills—so they can celebrate their life at a pub after their passing!
6. Witnesses to a Will Cannot Be Beneficiaries
A common mistake people make is asking family members (such as a spouse or child) to be a witness to their Will. However, under Malaysian law, any witness to a Will cannot inherit from it.
To ensure your Will is valid and your loved ones still get their rightful inheritance, make sure to have two independent witnesses (who are not beneficiaries) sign your Will.
7. A Will Doesn’t Expire (But You Should Update It!)
Unlike a passport or driver’s license, a Will does not have an expiry date. It remains valid until:
- You revoke it by writing a new Will.
- You get married (as marriage automatically cancels a Will in Malaysia, unless it’s written in contemplation of marriage).
- A court invalidates it for legal reasons.
Even though a Will doesn’t expire, it’s important to update it whenever your life circumstances change—such as marriage, divorce, having children, or acquiring new assets.
Final Thoughts
Writing a Will isn’t just about distributing wealth—it’s about securing your tomorrow, where your story lives on. With DWS2U’s Online Will Writing Platform, you can easily create a legally valid Will in just a few clicks, all from the comfort of your home.
👉 Take control of your legacy today! Try DWS2U and secure your future effortlessly.
