Frequently Asked Questions
Here are some common questions about DWS
Understanding of Wills and its Legal Requirements in Malaysia
A Will is a legal document that lets you decide how your assets should be distributed after you pass away. It is vital because it gives you control, helps prevent family disputes, and simplifies the legal process for your loved ones. Without a Will, your assets will be distributed based on default laws, which may not align with your wishes.
If you pass away without a valid Will, the law dictates how your assets are distributed, following the Distribution Act 1958. This process can be more expensive and time-consuming, and the court will appoint an administrator to manage your assets. The distribution will follow a rigid legal formula, which means your family may not receive what you would have wanted.
For a Will to be valid under the Wills Act 1959 (for non-Muslims), it must be:
- Made by a person at least 18 years old and of sound mind.
- In writing.
- Signed by the person making the Will.
- Signed by at least two witnesses who are present at the same time and in the presence of the person making the Will.
No, a Will does not need to be drafted by a lawyer to be legally valid. As long as it meets all the requirements of the Wills Act 1959, including the correct signing and witnessing, it is a legitimate document.
According to the Section 12 of Wills Act 1959 states that “Every will made by a man or woman shall be revoked by his or her marriage”. In other words, getting married automatically revokes any previous Will you have made.
Unlike marriage, a divorce does not automatically invalidate a Will. It is crucial to review and update your Will after any significant life event.
No, in Malaysia, it is not legally required for a Will to be registered or stamped. Once it is properly signed and witnessed, it is a valid legal document.
A Will generally covers your personal and real properties, but certain assets are distributed separately. These include:
- EPF Nominated Assets: These are distributed to your nominee(s).
- Insurance Policy Payouts: These are given to the nominee(s) you have appointed.
Key Roles and Components of a Will
The Testator is the person who is making and writing the Will.
An Executor is the person or entity you appoint in your Will to manage your affairs after you pass away. Their main duties are to gather your assets, pay off any outstanding debts, and distribute the remaining assets to your beneficiaries as specified in your Will.
You can appoint any adult aged 18 or above. It is crucial to choose someone you trust, who is responsible and capable of handling the administrative process. You can appoint a family member, a friend, or a professional trustee company like Global Asset Trustee.
A Beneficiary is the person, people, or organization who will receive your assets. This can include family, friends, or a charitable organization.
No, a beneficiary or their spouse cannot be a witness to the Will. If they do, they will lose their entitlement to any gifts in the Will, although the Will itself remains valid.
A Guardian is a person you can appoint in your Will to take care of your minor children (under 18) in the event that both parents pass away.
A residuary clause is a vital component of a Will that deals with any remaining assets not specifically mentioned or distributed in the document. This ensures that all of your assets, including any acquired after the Will was written, are accounted for.
You need at least two witnesses. A witness must be an adult (18+) and cannot be a beneficiary of your Will or the spouse of a beneficiary.
It is important to list your primary assets to ensure they are distributed as you wish. However, the residuary clause will cover any assets not specifically named.
About DWS2U USPs (Product & Services)
DWS2U leverages technology to make the Will writing process simple, affordable, and accessible.
The Solon Will is our flagship product. It is designed to be a user-friendly, step-by-step system that guides you to create a legally valid Will from anywhere, at your own pace.
Will Custody+ is our secure custody service for your original physical Will. Once you have signed your Will, we offer a professional and protected storage solution, which includes a secure anti-fraud QR code to verify its authenticity. This prevents loss, damage, or tampering and ensures your Executor can easily locate the document.
We prioritize your data security and confidentiality. Our platform uses advanced encryption and security protocols to protect your information, ensuring that your details and your Will are completely private.
To ensure your wishes are always carried out, our Solon Will service offers a seamless feature to appoint Global Asset Trustee as a professional Executor in a contingency capacity. This provides a reliable backup plan.
Every Will generated by DWS2U includes a unique anti-fraud QR code. This code provides an additional layer of security, allowing for easy verification of the document's authenticity and integrity.
Yes, our platform is designed to handle a wide range of family situations, including unique arrangements and asset distribution wishes. Our guided process helps you clearly and efficiently outline your specific instructions.
Our support does not end after you write your Will. We provide continued support and resources to guide you on how to properly sign and store your Will. We also offer Will Custody+ for professional storage and can assist your appointed Executor with the post-death administration process.
After Death, What Happens Next?
After your passing, your family must locate your original Will. This is why it is critical to inform your appointed Executor where the document is stored. Once located, the Executor can begin the legal process of applying for a grant.
A Grant of Probate is a legal document issued by the High Court of Malaysia. It officially authorizes the Executor to manage and distribute your assets according to the instructions in your Will.
A Grant of Probate is required when a valid Will exists. A Letter of Administration is required when there is no Will. The process to obtain a Letter of Administration is typically more complex, costly, and time-consuming.
The time it takes to obtain a Grant of Probate can vary, but it generally takes around 6 to 18 months in Malaysia, provided all documents are in order and the Will is valid.v
The Executor needs to file an application with the High Court. This application requires several documents, including your death certificate, the original Will, and a list of your assets and liabilities.
Once the Grant of Probate is issued, the Executor has the legal authority to begin the asset administration process. This involves collecting all assets, paying off debts, and distributing the remaining assets to the beneficiaries as per the Will.
If the appointed Executor is unwilling or unable to act, the High Court can appoint another person or entity to carry out the duties. This can cause delays, which is why naming a professional trustee as a contingent Executor is a smart option.
No, your assets are legally frozen after your passing. The Executor must first obtain the Grant of Probate to gain the legal authority to access, sell, or distribute your assets.
A Will simplifies the process by clearly stating your wishes and appointing an Executor. This avoids the lengthy and complicated process of applying for a Letter of Administration and prevents potential family disagreements over asset distribution.
Scenarios and Examples
Solon Will allows you to distribute your assets in any proportion you wish. For example, you can state, "I give 60% of my residuary assets to my son John, and 40% to my daughter Jane." You can provide a clear reason for your decision to prevent future disputes.
You can make a specific gift by clearly identifying the item and the intended recipient in your Will. For example, "I give my gold watch to my nephew, Michael." This ensures the item goes directly to the person you intended.
Your Will can make special provisions for a child with unique needs. For example, you can create a trust and appoint a trustee to manage assets for their long-term care, ensuring they are financially protected without giving them direct control over the funds.
Yes, under Malaysian law, adopted children have the same rights as biological children for the purpose of asset distribution. You should clearly mention your adopted child in your Will to prevent any confusion.
This is where the residuary clause is crucial. If you acquire new assets that are not specifically mentioned, the residuary clause will ensure they are still distributed to your intended beneficiaries, so nothing is left behind.
Yes, you can include a provision in your Will to appoint a guardian for your pets. You can also leave a specific sum of money to the guardian for the care and welfare of your pets.