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5 Things You Need To Know About Will Writing In Malaysia

5 Things You Need To Know About Will Writing In Malaysia TYH Co. Probate and Property Lawyer KL Selangor Malaysia

5 Things You Need To Know About Will Writing In Malaysia

Here are 5 things you need to know about will writing in Malaysia.

Do you know that in order for your next-of-kin or family members to inherit your assets upon your demise, a grant of probate is required? To obtain a grant of probate (GP) from the High Court in Malaysia, one needs to have a valid will in Malaysia to ensure that the assets from the estate can be transferred to the intended beneficiary(ies) of the will maker’s choice and to ensure that the whole process is smooth and less hassle compared to if you have no will at all (in which a Letter of Administration from the High Court is required which is costly and time consuming).

But do you know how to write a will in Malaysia in compliance with the Malaysia Wills Act 1959?

Here are 5 thing you need to know about will writing in Malaysia if you wish to start on your estate planning today.

1. Your will must be in writing

Legally speaking, you can write your own will on a piece of paper but it is advisable to appoint a probate/estate planning lawyer to do this for you to ensure that your intention and wishes are clearly stated under your will to prevent any dispute among beneficiaries in the future.

2. You must be at least the age of 18 and above

Under the Wills Act 1959, you need to achieve the age of majority (ie 18 years old) to write your own will. If you have a will executed before the age of 18, it is null and void under the law.

3. You need at least 2 witnesses

You need to have at least 2 witnesses or more to your will. Moreover, you need to ensure that your spouse and beneficiaries cannot be the witnesses to your will. If your spouse or beneficiaries is/are witness(es) to your will, the will is still legally valid but the witness(es) are not entitled to benefit under the will.

4. You need to have a sound mind

If you are incapable/unfit or does not have the testamentary capacity to write a will, the legality and validity of your will is subject to be challenged in the Court. Therefore, it is advisable to write a will while you are strong and healthy.

5. Your will does not need to be stamped or sealed

Believe it or not, there is no requirement under the law of Malaysia particularly under the Malaysia Wills Act 1959 that requires a will to be stamped or sealed. As long as the above requirements are fulfilled, your will is legally valid in Malaysia.

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Tips: Properties include bank accounts, shares, unit trust, cars and real estates. For eg. All you bank accounts shall be treated as 1 property (unless you wish to state it specifically), 1 car shall be treated as 1 property and 1 house shall be treated as 1 property.
Tips: A testamentary trust is basically an instruction in your will to require the Executor/Trustee to hold a property/moneys for the benefit of the beneficiary for a certain period of time. Eg. Adam (Executor/Trustee) holds property/moneys for Christy (Beneficiary) for a period until Christy reaches the age of 23. Normally a testamentary trust is useful to control the spending habit of children.

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