FAQ

A Will is a document which contains a person’s intentions on the distribution of his or her assets upon death.

Having a Will enables you to:

1. Choose your beneficiaries and determine how your assets are to be distributed.
2. Choose your trustee and executor to administer your estate.
3. Set up a testamentary trust for your minor children, heirs with special needs or charities.
4. Choose the guardian of your minor children.
5. Minimise the chances of family disputes over property.
6. Speed up the distribution process considerably.
7. Reduce the costs of administering your estate.
8. Express your wishes for your funeral arrangements.

If you die intestate:

1. Your assets will be distributed according to the formulas set out in the Distribution Act 1958, and not according to your wishes or the needs of your family members.
2. The court will appoint an administrator to administer your estate, and this may give rise to disputes between family members or beneficiaries on who should be appointed.
3. The court will appoint a guardian for your minor children, and the person appointed may not be your preference.

Anyone, as long as the person fulfilled the requirements of age, testamentary capacity and formalities.

To make a valid Will, you must

1. Be at least 18 years old.
2. Be of sound mind.
3. Have your Will in writing.
4. Have signed your Will.
5. Have your signing witnessed by at least 2 witnesses who will then sign in your presence and in the presence of each other.

Anyone above the age of 18. However, beneficiary of a Will and his/her spouse cannot be the witness of the Will. A beneficiary will not be eligible to receive any benefit from the estate if he/she or his/her spouse signs as a witness to the Will.

An executor is an individual appointed to administer the last Will and testament of a deceased person and to carry out the instructions to manage the affairs and wishes of the deceased.

The role of your executor is to ensure that your wishes in your Will are fulfilled. Which involved:

1. Locating your Will.
2. Applying to court for a grant of probate.
3. Calling in your assets.
4. Paying off your liabilities.
5. Distributing your assets according to your Will.
6. Preparing a statement of account.

1. You can appoint any adult (18 years or older) to act as your executor.
2. You can appoint between 1 to 4 executors maximum to jointly administer your estate.
3. You may also name persons to step into the shoes of your appointed executor(s) in the event any of them predecease you or renounce their executorship.

Yes, your executor may also be a beneficiary to your estate.

You should keep your original Will in a safe place. You may also engage Pigeon Wills to secure your Will.

It is entirely up to you whether you want to disclose the contents of your Will or to give a copy of your Will to your executors or even your beneficiaries.

Once executed, your Will is valid until it is replaced by a new Will , revoked in writing or destroyed intentionally. Your Will will automatically be revoked if you marry or remarry, or convert to Islam.

Your Will is automatically revoked upon your marriage or remarriage. A divorce does not affect the validity of a Will. A new Will is necessary in such circumstances.

Ideally, your Will should deal with all your assets, whether specifically or collectively. You may consider the following:

1. Real property: land and buildings, residential, commercial, industrial or agricultural properties.
2. Personal property: cash, bank balances, shares, transferrable memberships, vehicles, movable furniture, clothing, jewellery, books, camera equipment, computer equipment, etc.
3. Intellectual property: copyrights, patents, designs.
4. Trust property: property which is being held by a trustee on trust for your benefit.
5. Future benefits: assets which you expect to receive in the future, including an inheritance.

No, there is typically no minimum amount of assets required for a person to create a last Will.

You are not required to specifically list all your assets in your Will.

Benefits under any insurance policy and payments from your Employees Provident Fund (EPF) will be made in accordance with your nominations registered.

Yes, your will can include with both assets within Malaysia and abroad.

Yes. However, the transfer of a property to a non-Malaysian citizen is subject to approval from the state government and/or the restrictions and limitations (if any) that have been imposed on the property.

Generally, yes. Your executor may apply to the High Court to re-seal the grant of probate in Malaysia. Thereafter, your executor may deal with and distribute your assets in Malaysia according to your Will.

You can always revoke your own Will as and when you wish. Any new Will written will automatically revoke the earlier one written.

If a beneficiary passes away during the Will maker’s lifetime, the portion of the estate meant for him/her Will be void by reason of death. It will then be included as part of the “residuary estate” and distributed according to the residuary estate clause.