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Frequent Ask Question

You have any query pertaining to Will drafting? Here are some of the common ask questions for Will drafting to assist you.

A Will enables you to:
  • Choose who will get your asset after your death;
  • Arrange how your property to be distributed among your various beneficiaries;
  • Give specific items of property to specific people;
  • Appoint someone you trust the most to administer and manage your estate; and
  • To appoint a guardian for your minor children, if any. In Malaysia, a Will be governed by the Wills Act 1959.
If you die without a Will, all your estate will be distributed in accordance to Distribution Act 1958 (as amended by the Distribution (Amendment) Act 1997) (“the Act”) whereby your estate will be divided among your surviving spouse, children, and surviving parents in according the proportion as stated in the Act. This means, you will NOT have the rights to give property to the particular person at your choice and the whole process for appointment of the Letter of Administration will be very lengthy and time consuming.
Anyone who have reached the age of majority i.e. 18 years old and above in West Malaysia and 21 years old and above in East Malaysia, to make a Will. In addition you must be of "sound mind" to make a Will. Being of sound mind means:
  • You understand you are making a Will and you know what a Will is;
  • You understand you are giving the property/asset to the person as mentioned in your Will; and
  • You understand what types of property you own, how you intend to distribute that property.
Normally, a Will is prepared by lawyer and professional will writer. You may also prepare your own Will if you are well-verse with the law but you are not advisable to do so if you are not familiar with the law.
Your Will generated from this system is valid and legitimate in law provided that you have fulfilled the criteria as stipulated in paragraph 3 above.
It is entirely up to you to decide when you would like to update your Will. However, you are strongly advisable to review/update your Will from time to time to ensure that it still meets your needs and that your property will be distributed according to your wishes. It is especially important to review your Will on the following events:
  • You get married or divorced (a change in marital status may change your mind for the distribution of your assets);
  • You are unmarried, but have a new partner;
  • The amount of money and property you own significantly changes;
  • Your executor or a significant beneficiary in your Will dies;
  • There is a birth or adoption of a child in your family;
  • You change your mind about the provisions in your Will.
  • What is a testator?
  • A testator is the person who is making the will. You will be the testator when you are making your own Will.

  • What is a beneficiary?
  • A beneficiary is a party who is receiving a gift from the testator. Beneficiaries can be people or organisations.

  • What is an executor?
  • An executor is a person named in the Will who will be responsible to administer/manage the testator’s estate in according to terms as stated in your Will. An executor is also referred to as a personal representative.

  • What is a guardian?
  • A guardian is a person the testator appoints to look after the testator’s minor children in the event that the testator dies.

An executor or personal representative is responsible for collecting the assets of the testator's estate, paying any debts of the estate, paying any applicable taxes, and distributing the assets of the estate in accordance with the directions of the Will.
Administering the estate can be complex, time-consuming and stressful. Please appoint someone you trust the most, who will be able to handle your financial matters prudently. Your executor does not need to have any legal expertise. An executor can always hire a solicitor to assist him/her should the need arise.

Many people select their spouse or an adult child to be their executor. Also, people often choose a beneficiary to be their executor. In this way, the executor will want to ensure that the property is distributed properly.
Legally you may appoint anyone who is eighteen (18) years old and above and sound mind to act as executor. You are not advisable to appoint someone who has been convicted of a crime to be your executor.
Yes, your named executor may also be the named beneficiary in your Will.
Your Will will be revoked automatically upon your marriage or remarriage unless the Will expressly provide for a ‘contemplation of marriage’ clause. However, a divorce will not affect a Will unless the testator remarries subsequently. Hence, you are advised to re-write your Will should you like to make any change in your Will.
It is not compulsory for you to appoint a guardian for your minor children. However, if you do not do so, the courts will decide who will look after your children if no other person having parental rights survives you.

You may want to consider the following movable and immovable assets when you want to do your Will:

  • Your properties
  • Motor vehicle
  • Bank accounts
  • Investments accounts
  • Shares and securities
  • Unit Trust investments
  • Premium Savings Bonds
  • Interest in other people's estates
  • Property and bank accounts abroad
If you have done with your nomination in your life insurance policy or EPF, the insurance proceeds shall be paid to nominee directly once you pass away in future. However, if you have not done the nomination in your life insurance policy or EPF, the life insurance proceeds or EPF will be paid to your estate when you pass away in future. You are advised to check with your life insurance advisor or EPF to make sure you have done the nomination of your life insurance policy or EPF.
Terms of Endearment is your last words to your family or friends or anyone. It could be family teaching or value where you would like want to pass on to your next generation.
A residuary clause is normally inserted in the Will to cover any asset which is left out unintentionally in the Will so that the undistributed assets are distributed or dealt with. This would also includes any asset which is acquired after a Will is made.
To properly execute your Will, you will have to sign your Will in the present of two (2) independent witnesses. You will have to identify to them that this document is your Last Will and Testament. You shall initial each page of the document at the bottom of the page, below all the text, except the signing page of your Will, which requires your full signature.
The witness must be an independent person who is 18 years old and above, sound mind and not named beneficiary(ies) or the spouse of the beneficiary(ies) in your Will.
You do not have to file your Will with any court system or government body. However, you should store your Will in a safe place other than safebox where your executor or personal representative will be able to locate it.
You should be able to receive the hardcopy of your Will within 5 working days from us or our advisor after your submission of all your information online and payment is made. Should you not receiving the hardcopy of your Will within the stipulated time, kindly contact our customer service for further enquiry.
No. The named executor in your Will have to engage a solicitor to apply for Grant of Probate at the relevant High Court and thereafter, the executor shall distribute your estate to the respective beneficiary(ies) in accordance to your Will. For further information, kindly make appointment with our legal advisor for further advice.
Yes, you may cancel/terminate this service anytime before the payment made. However, all payment made is strictly non-refundable.
You may contact us or our advisor within two (2) working days for one time amendment with reasonable charges. in the event that it is more than 2 working days, full charges shall be incurred for any amendment made.
Kindly contact our advisor to draft a customise Will to protect your love one.
The Will should be stored in a safe and secure location (such as a safe deposit box). This location should be made known to the Executor(s) so that he/she knows where to retrieve the original Will as the original Will is required to be reproduced in the Court later during the application for Grant of Probate.