Frequently Asked Questions (FAQ)
Will & Estate Planning
A Will is a legal document that states how your assets will be distributed after your passing. It also allows you to appoint an executor to carry out your wishes.
Without a Will, your estate will be distributed according to Malaysia’s Distribution Act 1958 (for non-Muslims), which may not reflect your actual intentions. A Will gives you control over who receives what.
If you pass away without a Will (intestate), your assets will be distributed based on legal formulas. This may cause delays, disputes, and complications for your family.
Any Malaysian aged 18 and above, who is of sound mind, can legally write a Will (for non-Muslims).
A Will generally covers personal assets such as property, bank accounts, investments, and personal belongings. However, nominated assets (e.g., EPF, insurance with nomination) may be distributed separately.
An Executor is the person you appoint to administer your estate, pay debts, and distribute assets according to your Will.
Yes, you may appoint more than one Executor to ensure continuity and shared responsibility.
Yes. A Will can be updated or replaced anytime as long as you are mentally sound. Major life changes (marriage, divorce, new assets, new children) should prompt a review.
In Malaysia, a handwritten Will can be valid if it meets legal requirements, including proper signing and witnessing. However, professional drafting is recommended to avoid disputes.
A valid Will must be signed in the presence of at least two witnesses who are not beneficiaries.
A Grant of Probate is a court order that confirms the Executor’s authority to manage and distribute the estate according to the Will.
The timeline varies depending on asset complexity and documentation. With a proper Will, the process is generally smoother and faster compared to intestate cases.
For non-Muslims in Malaysia, marriage will revoke a previous Will unless it was made in contemplation of marriage.
Yes. A Will allows you to appoint legal guardians for minor children, ensuring their care is handled by someone you trust.
It is advisable to review your Will every 3–5 years, or whenever there are significant changes in your life or financial situation.
Others
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