The Valid Will Written in Malaysia
The Will is a legal document in Malaysia. It is covered by several acts of parliament.
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It has to be valid by being written and complies with the below requirements:
Testator
- The Testator is the person distributing their wealth (money and assets).
- The Testator is a non-Muslim. Muslims have to refer to the related Wasiat and Faraid Islamic regulations, in the respective States of Malaysia.
- The Testator is of the age of majority in Malaysia, which is 18 years and above, 21 years and above for Sabahan.
- The Testator is of sound mind.
Mode of Will Execution
Written with Signature
- The Will has to be written and signed.
- The Signatory has to be the Testator.
- The Will must be signed at the foot or end of the document.
- The signature position and placement on the Will is of great importance per section 5 of the Wills Act 1959.
- Virtual, digital or online signatures are not valid for a Will in Malaysia
Witnesses to the Signing
- The signature is applied by the Testator (or acknowledged representative) in the presence of two or more Witnesses.
- The Witnesses have to sign the Will
- The Witnesses are not direct nor indirect beneficiaries to the Will
Cancellation or Revocation of the Will
Marriage
- Any Will made can be revoked by marriage with certain exceptions per Section 12 of the Wills Act 1959.
Presumed Change in Circumstances
- No Will can be revoked by a presumed change in circumstances per Section 13 of the Wills Act 1959.
Destruction of the Will
- The destruction of the Will by the Testator revokes the Will per section 14 of the Wills Act 1959.
New Will
- The creation of a new Will by the Testator revokes the previous Will per section 15 of the Wills Act 1959.
Will Writing in Malaysia
Will writing in Malaysia is governed by the Laws of Malaysia. These primarily cover Peninsula Malaysia and cover Sabah and Sarawak too, depending on the wordings in the respective Acts of Parliament.
Sabah and Sarawak may have state laws in place that may take precedence over the Laws of Malaysian Parliament. Residents covered by the Laws of Sabah or Sarawak, may want to check with their local law offices.
Laws of Malaysian Impact on Will Writing
- Act 346 WILLS ACT 1959 (applicable to Peninsular Malaysia only)
- Act 21 AGE OF MAJORITY ACT 1971
- Act 300 DISTRIBUTION ACT 1958
- Act 98 SMALL ESTATES (DISTRIBUTION) ACT 1955
Requirements to Make a Will in Malaysia
- The testator must be at least 18 years old and 21 years old for Sabahan.
- Two witnesses who are not beneficiaries nor related to beneficiaries
- The will must be made in writing and signed.
- The signing must be in the presence of two witnesses and they must also sign the Will in the testator’s presence.
Will Writing Options in Malaysia
Malaysian Lawyers
Lawyers can write a Will in Malaysia. They would know the laws on Will writing in Malaysia. Different lawyers may have different ways of writing the will. And it would comply to the requirements of the Malaysian laws.
Will Writing Services or Gigs
Anyone competent in Will writing can write the Will in Malaysia. They would need to prove that they are competent and know the Wills and Estate Laws and the legal requirements in Malaysia to write the Will.
Rockwills Will Writing Services
A Rockwills Estate Planner or Rockwills Franchisee can write a will in Malaysia. Rockwills has a Wills Instruction Form that makes clear what is required to be written in the Will.
This makes the Will writing process and prices in Malaysia into a standard process and prices all over Malaysia. And most people who use Rockwills services will know and relate to the conversations and questions on Will writing process with Rockwills.
Rockwills has a clear process (SOP) in Will writing that removes doubts and risks in the Will writing process. Rockwills Franchisee have been trained in the Will writing process to ensure accuracy and compliance to the SOP.
Rockwills Will Writing and Will Custody Services
Rockwills Will Writing and Will Custody Services
Rockwills provides a range of services for wealth distribution management. This product offers both Will writing in Malaysia and Will safe keeping (custody) services.
This Will then will be further checked by Rockwills to ensure correctness to the legal requirements. And then the Will will be kept in a high security and fire and flood protected building for safekeeping.
How to Make a Valid Will Written in Malaysia
Will Writing in Malaysia
- Get Expert Guidance. The Will Writer.
Get a professional will writer to write the will for you. Will writers have a special form called the Will Instruction Form. This form will capture all the information required to create a legal and valid Will. The Rockwills Will Instruction Form is a standard document that is created to comply to the Malaysian Law requirements. And the Rockwills Will Writing Franchisee has been trained to write the Will accurately per the form.
- Who manages the distribution of wealth per the Will? The Executor.
The Executor is responsible for distributing your wealth per your instructions in the Will. You need to make sure this person is honest and reliable. Or the company is honest and reliable. Rockwills can be your Executor. As a company, Rockwills has the full interest in making sure your Will is executed properly as stated by you and in compliance with the law.
- Who takes care of the children? The Guardian.
In the event of both parents deceased, any minor children (below the age of majority in Malaysia) will need to have a Guardian. It will be best for you to state who you want to be the Guardian of your children. If you do not do this, then the Government will distribute your children to a Guardian as the Government sees fit.
- Who do you want to distribute your assets to? The Beneficiaries.
You can decide and list down who you want to receive your wealth. Your wealth or Estate, will be parceled out as Gifts. Can be one person or a whole list of people. Just list them all down in the Will.
- How should the wealth be distributed? The Estate or Gifts.
You decide how your assets (Estate) are to be distributed. These Gifts from your Estate can be given to the beneficiaries as listed above. It can be given out as a percentage share or as units of property. For example a % of the money in the bank accounts or of a property. A piece of jewelry or number of cars.
- Who confirms that the Will is the true copy as wanted by the Testator? Witness Confirmation by Signature.
Two witnesses signing on the Will. The witnesses must be present when the Testator signs the Will. Then the witnesses sign the Will in the presence of the Testator. No further attestation by Witness is required per section 5 of the Wills Act 1959.
Contact Rockwills Will Writing Franchisee
Will Writing Malaysia and Will Custody Form
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