Frequently Asked Questions
How do I write a will?
Second, decide who you wish to appoint as your executor/s to manage your estate after you pass.
Third, decide who you wish to appoint as guardian/s for your infant children (if any).
Once you have decided these 2 or 3 things you are ready to write your will.
A Will must be in writing and must be signed by you before at least two witnesses to be valid in Malaysia.
Your witnesses must both be at least 18 years old. Both your witnesses and their spouses cannot be named as beneficiaries in your Will (any gift to a witness will fail).
You will need to make a statement that the written document is intended to be your Will e.g. “I DECLARE this to be my LAST WILL and TESTAMENT”.
You must also state the name or names of the persons you wish to give all your assets (called your estate) to and how you wish to divide your estate between them (giving each a percentage or parts of your estate or specific gifts).
You need to name someone as executor and if necessary someone as guardian.
The legal requirements for a valid Will are set out in the Wills Act and can also be found at: https://ezwills.com.sg/valid-will/
Writing a Will is as easy as answering a few short questions here – https://ezwills.com.sg/get-started/
Can an executor be a witness to my Will?
Anyone who is over 18 years of age can be a witness to a Will.
An executor is not disqualified from witnessing a Will by reason of being a beneficiary. However, if a beneficiary or the spouse of a beneficiary does witness the signing of the Will then that witness (or his/her spouse) will not inherit any gift or bequest made in the Will to him or her.
So an executor can be your witness only if the person who is named as your executor is not a beneficiary or married to a beneficiary of your Will.
Can a beneficiary be an executor of a Will?
Yes a beneficiary certainly can be an executor of a Will. In fact, it’s the best reason to make a beneficiary your executor. A beneficiary would have the interest and motivation to make sure that probate is applied for and everything is done so that the estate can be distributed to everyone including himself or herself.
However, as an executor must be at least 18 years old you cannot name a beneficiary under 18 as executor.
Other than undischarged bankrupts and persons suffering from mental disability or mental incapacity anyone can be an executor.
An executor does not have to be residing in Malaysia so even a foreign relative can be your executor.
Must I prepare a list of all my assets before I can make a Will?
No.
Most people divide all their assets as a whole (their estate) between their beneficiaries. They do this without making a gift of a single item to one person (a specific gift). If you do not plan to make any specific gifts preparing a list of all your assets is a waste of time and completely unnecessary.
As no one knows what their assets will be when they pass away, even if you did have a list of all your assets today that list will be outdated by the time you pass away. Don’t be put off writing a will because you think you need to have draw up a list of assets. You just don’t need it.
Please see also: http://blog.ezwills.com.sg/must-i-draw-up-a-list-of-assets-before-making-a-will/
Do I need to sign my Will before witnesses in Malaysia or can I do it in Singapore as I am living in Singapore?
Yes if you are a Malaysian living in Singapore you can make a Will for all your assets in Malaysia (but not elsewhere) and have it witnessed outside Malaysia.
If you are ordinarily resident in Malaysia but overseas temporarily you can still make a Will for your assets anywhere in the world and have it witnessed by at least two adult witnesses overseas.
If you are a non-Malaysian ordinarily resident outside Malaysia but have assets in Malaysia you can still make a Malaysia will for your assets in Malaysia and have it witnessed by two adults overseas.
I am an expat from UK working in Malaysia and have assets overseas. Do I need to make a Will in Malaysia?
If you already have an existing Will made overseas Malaysia law will recognise a Will validly made overseas.
However, you should consider making a Will for your Malaysia assets only. With a Will in different countries it allows an application for a Grant of Probate to start in each country without having to wait for the Grant of Probate in one country before starting in the second country.
If you do not have an existing overseas Will you should making a Will in Malaysia as you are in the same position as any Malaysian.
There is greater urgency for you to make a Malaysia Will if you are in one of the following situations.
- not married but in a de facto or domestic relationship; or
- an unmarried couple with children; or
- a same sex couple (even if you are legally married overseas).
In all of these cases a partner (including same sex spouse) and children will not inherit anything under Malaysia law if you pass away without making a Will in Malaysia.
Please see our blog posts:
http://blog.ezwills.com.sg/de-facto-or-co-habitating-couples-without-wills/
http://blog.ezwills.com.sg/same-sex-couples-without-wills/