According to surveys, about 90% of people in Malaysia do not have a will.

There are various reasons for this. Some avoid it due to traditional beliefs that writing a will is inauspicious. Others think their property will automatically be inherited by their children, so they see no need for a will. Some feel that they are still young and healthy, so it’s not the right time.

Content of a Will:
(a) Who we want to benefit from our will (beneficiaries);
(b) Who should take care of our children under the age of 18;
(c) Who (the executor) will manage our estate and execute our wishes after our passing;
(d) What happens if our beneficiaries pass away before us;
(e) Whether we wish to allocate part of our estate for charitable purposes; and/or
(f) Other considerations.

To ensure the validity of a will, even during the COVID-19 pandemic, the following requirements must be met:
(a) The testator must be 18 years or older;
TAKE NOTE this applies to Peninsular Malaysia and Sarawak only. In Sabah, the age requirement is 21 or older.
(b) The will must be made voluntarily;
(c) The testator must be of sound mind;
(d) The will must be in writing;
(e) The will must be signed in the presence of two witnesses aged 18 or above, who must then sign the will themselves;
TAKE NOTE Witnesses cannot be beneficiaries or the testator’s spouse.
(f) The will must name at least one executor and one substitute executor.
TAKE NOTE Executors may witness the will, provided they are not beneficiaries or married to beneficiaries.

We cannot leave any inheritance in the will to our witnesses (or their spouses).

Amending a Will:
We should only amend our will when necessary, such as in the event of separation, divorce, marriage (which voids previous wills), the birth of a child, or the death of an appointed executor. Amendments must be made via a codicil and witnessed in the same manner as the original will. For major changes, such as divorce or marriage, it is advisable to create a new will and destroy the old one.

Storing a Will:
We can store our will at home, at a law firm, in a bank’s safe deposit box, or with a company specializing in will storage. Most importantly, the executor must be informed of the will’s location.

Disclaimer: The information provided is for general purposes only. ANN & AIN, ADVOCATES & SOLICITORS make no representations or warranties regarding the accuracy or fitness of the information for any particular purpose. While we have made every effort to ensure the information is accurate as of the time of writing, it should not be relied upon for making any financial, investment, real estate, or legal decisions. Always seek professional advice that considers your personal circumstances.