👴The Regret of a Cautious Elder
Mr. Tan was a very cautious man during his lifetime. Before retiring, he was a civil servant who owned a terraced house 🏠, two fixed deposit accounts 💰, a car 🚗, and had three children.
He had planned to engage a lawyer to prepare a will after retirement but kept postponing it.
Unfortunately, fate gave him no chance to prepare. One morning while exercising, Mr. Tan suffered a sudden heart attack and passed away without leaving a will.
⚖️ No Will, Complicated Aftermath
After Mr. Tan’s passing, his family rushed to the law firm, hoping to quickly handle property transfer and withdrawal procedures.
But the lawyer told them:
❌ Cannot withdraw funds directly
❌ Cannot sell the car directly
❌ Cannot even transfer the house title directly
Everything must first go through an application to the High Court for a “Letter of Administration,” after which the court will appoint a person to manage and distribute the estate.
Mr. Tan’s wife thought the house would belong entirely to her, but under the **Distribution Act 1958**, one-third had to go to the children 👶👦👧, and all children had to agree before the house could be sold or transferred.
Initially, the children had no objections, but when money and division were discussed, disagreements arose. Someone even said, “We are legal heirs too, why should we listen to you entirely?”
From then on, the once harmonious family relationship began to break down, and the gap between relatives grew wider.
If Mr. Tan had prepared a valid will, all of these disputes could have been avoided.
📌 Why Make a Will? 4 Key Reasons
✅ 1️⃣Simplifies Inheritance Procedures, Saves Time and Costs
A valid will specifies who will act as the executor, handling all matters related to the estate, such as property transfer, withdrawal of funds, and debt settlement.
With a will, applying for a Grant of Probate can usually be completed within about one month after death ⚡.
In contrast, without a will:
• Family must first apply for a Letter of Administration
• All legal heirs must unanimously agree on who will be the estate administrator
• Two qualified sureties must also be provided
• Longer processing time: Court procedures usually take 3–6 months; if processed via the Land Office, it may take at least 6 months or longer ⏳
This not only delays distribution but also increases legal and administrative costs.
✅ 2️⃣ Avoids Unnecessary Family Disputes
Without a will, no one decides exactly how the estate will be divided. The assets can only be distributed according to Section 6 of the Distribution Act 1958.
In reality, heirs can easily disagree over the division ratio, liquidation of assets, or whether to keep a property 🤷♀️🤷♂️. Many families eventually go to court, wasting time and money, and creating irreparable emotional rifts.
✅ 3️⃣ Clearly Preserves Personal Wishes and Protects Specific Arrangements
As long as it meets legal requirements, the Wills Act 1959 allows every adult to express their wishes for personal assets through a will 🖋️:
✔️ Signed by the testator personally
✔️ Signed in the presence of at least two witnesses aged 18 or above
✔️ Date clearly stated
✔️ At least one executor and one substitute executor appointed
Without a will, the law will “decide” for you, which may be very different from your actual wishes.
For example, if one spouse inherits a property from their parents but has no will and no post-marriage asset arrangement, in the event of divorce, the property may be considered marital property, divided or transferred—contrary to the family’s original intention to keep it 🏡.
✅ 4️⃣ Leaves Not Just Assets, but Love and Respect ❤️
A will is not about “preparing for death,” but about giving the living clear instructions—so loved ones take fewer wrong turns, face fewer troubles, and have less suspicion.
Where the law allows you to clearly express your wishes, silence often means giving up.
Do not leave your final goodwill only in words—put it into writing, legally ✍️.
📖 Conclusion: Make a Will While You Still Can
Mr. Tan’s story tells us:
Making a will is not a privilege for the wealthy—it is a legal arrangement every family needs.
It saves tedious procedures and protects family bonds and trust.
📞 We Can Help You
If you are considering making a will, or want to know how to arrange your personal or family assets properly, feel free to contact us 👨⚖️👩⚖️.
A will leaves your family not only assets, but also peace of mind and dignity.
✅ Common Keywords
Malaysia Will-Making Process | Probate | Estate Distribution | What to Do Without a Will | Wills Act 1959 | Distribution Act 1958
