Will
WILLS, PROBATE & ADMINISTRATION
Cindy Lee Nian Cie
4/26/20251 min read
Will
What is a will? A will is a document whereby a testator lays down how he wishes for his property to be distributed upon his death.
In Malaysia, the Wills Act 1959 governs the non-Muslims in the Peninsular Malaysia. (Note: Wills for the Muslims will be explained in another article)
Do you need a lawyer to draft a will? The answer is no. However, to ensure your will is valid upon your death, it is highly advised to seek a lawyer's advice in helping you to draft a valid will in accordance to your wishes.
What are the general requirements to draft a will? You must be:
above majority age (above 18)
of sound & conscious mind when making the will
Can I make the will in secret whereby only I know the content of my will? The answer is no. You will need AT LEAST 2 witnesses present when making the will. Else, it would be rendered invalid.
What happens if I choose not to make a will? Your properties will be distributed according to the Distribution Act 1958. In the event your will is defective or invalid, your properties shall be distributed according to the Distribution Act 1958.