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The laws of Malaysia do not dictate that a Will must be prepared by a lawyer. As long as it is in written form and fulfil the requirements of the law, it is considered as a valid and legitimate Will. However, the public might not have aware of the necessary formalities and rules in regards of the will, therefore, it is best advisable to consult a lawyer or any expertise in will-writing to prepare a proper will for you.

Yes, you can but you may not like and may not satisfy with the way the Distribution Act 1958 (as amended by the Distribution (Amendment) Act 1997) (“the Act”) determines how your assets are going to be distributed and, not to forget the lengthy and arduous process in an intestacy.

When you do not have a Will, your assets will be distributed strictly in the manner prescribed in Section 6(1) of the Act which may not be in line with the person’s wishes. For intestacy, it requires an application for a letter of administration to be granted by the High Court. Under Section 30 of the Probate and Administration Act 1959, any person “interested in the estate of the deceased person” is entitled to apply to be the administrator. One of the potential problems when a deceased dies intestacy is that disputes may arise among persons having an interest in the estate as to who should be the administrator of the deceased’s estate. It is also harder to identify and locate the assets of the deceased without a Will. The distribution process is longer, the costs are higher and there is the additional need for the administrator to procure two persons to act as sureties to provide an administration bond equivalent to the gross value of the deceased’s estate.

Conversely, by making a Will, a testator can largely avoid the potential problems which may arise in an intestacy. A testator exercises control over who should be the executor and/or trustee who can apply to the High Court for a grant of probate to manage and administer his assets and affairs according to his wishes after his death.

A testator is also able to dictate who will be entitled to his assets as well as the extent of their entitlement. He can appoint guardians to look after the interest of his minor children. He has the powers to create a testamentary trust for heirs with special needs, his children’s education, his elderly parents’ living expenses or the charities of his choice. Overall, in testacy situations, the distribution process is faster and the costs of administering the estate is reduced.

Lastly, there is also no requirement to procure sureties to provide an administration bond equivalent to the gross value of the deceased’s estate.

No, however, it is highly advisable to have a will. By having a Will, a testator can decide the executor and/or trustee that he wishes to appoint who can, later on, apply to the High Court for a grant of probate to manage his estate and affairs according to his wishes after his death. Therefore, a testator can ensure that the distribution of his assets will be distributed to his loved one according to his wishes.

In another scenario, if a person dies without having a will (dying intestate), the distribution of his properties shall be distributed in a manner compliance with the Section 6 of the Distribution Act 1958 in which, it may not be the deceased’s wishes. Further, any person “interested in the estate of the deceased person” (i.e. the beneficiaries) is entitled to apply to be the administrator and disputes may arise among them as to who should be the administrator of the deceased’s estate. Also, under the Section 35 of the Probate and Administration Act 1959, the law requires the administrator to procure two persons to act as sureties to provide an administration bond equivalent to the gross value of the deceased’s estate, unless such administration bond is dispensed with by Court. Therefore, the legal process in applying for a grant of letter of administrations might be lengthy and the cost incurred might be higher.

Regardless of the value of your assets that you are possessing right now, these assets are important to your loved ones especially those who are depending on you after your death.

Writing a Will is all about creating a legacy of love and protecting the little treasures you have. You can decide who are the beneficiaries, how and when to distribute your assets to them for their benefits.

Moreover, you may have owned more assets over the years and our Will can cover, not only your future acquired assets and also your future inherited assets. You may opt not to rewrite a new will (if you have already written a will) and the assets you are acquired or inherited in the future will be categorised under “the residuary” whereby it deals with the distribution of all your assets which are not specifically covered by any other clause in your Will and your residuary will be distributed according to your wishes. Besides, if you have young children, you can also appoint guardians for them through a Will.

Having a will shall ensure your stipulated beneficiaries to inherit your assets.

Do not become a burden to your loved one.

The answer is YES. There are many myths surrounding will writing that it is not necessary when you do not have many assets, nevertheless, you have misunderstood and underestimated the problems and disputes that might have arisen due to this as well as the lengthy and costly legal procedures later on.

Having a will is advantageous, not only to you but also to your family and loved one.

Life is unpredictable. In reality, no one knows how long they have left to live. It can happen to anyone, at any age, at any time. Everyone over the age of 18 should have a Will, but it is particularly important for those who own property, have children and/or own a business. It can never be too early to write a Will, but it can be 1 day too late to have it.

Firstly, you could always prioritise your family members to be your primary beneficiaries, nonetheless if you decided not to leave your assets to them, you could always consider to pass on your assets to any charitable organisations e.g. orphanages, old folks home, homes for special needs/cares children, homes for disabled children and other charitable organisations that need your help.

Leave a gift to charity in your Will.

Best advisable YES. You may list down all your assets and estimate the value of each assets before deciding on how to distribute your assets.

If you have written a will and you have changed your mind later on, particularly on the distribution part, you can always revoke your existing will and rewrite a new one. Your will is valid until it is replaced by a new will, revoked in writing or destroyed intentionally and it only takes effect upon the death of testator.

Unless you are familiar with the necessary formalities in will-making and well-versed with the required laws, otherwise it is best advisable to consult a lawyer or any expertise in will-writing to prepare a proper will for you.

A simple mistake could make a will invalid.

You can appoint any adult (18 years or older) to act as your executor and trustee. You can appoint between 1 to 4 executors to jointly administer your estate. 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.

Alternatively, you can appoint a trust company to act as your executor and trustee. The decision on whether to appoint a friend or relative or a trust company will depend on the size and nature of your estate as well as the complexity of your will and testamentary trust. Your friend or relative may not have the necessary education or experience to properly administer the estate. Alternatively, you may feel that your friend or relative may not be sufficiently trustworthy or impartial to your wishes. In such circumstances, you may wish to consider appointing a trust company to act as your executor and trustee.

The role of your executor is to ensure that your wishes in your will are fulfilled and his fiduciary obligation is being complied with. Your executor will need to do the following:- (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, and (6) preparing a statement of account.

When your executor takes charge of your assets, he will also take the role of a trustee holding your assets on trust for your beneficiaries until the assets are fully distributed. Your trustee will be subject to the responsibilities imposed by the Trustee Act 1949.

Yes, your executor may also be a beneficiary to your estate. In fact, if you are leaving everything to your spouse or adult children who are capable of managing their finances, it is a natural choice to appoint your spouse or one or more of your children as your executor(s).

You are encouraged to inform and obtain the consent of the person who you want to be your executor and trustee. There is little point in appointing someone who will renounce executorship later.

You should keep your original will in a safe place. You may also engage the services of a will depository to secure your will. However, it is important that your executor knows where to find and retrieve your original 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. Even if you choose not to give a copy of your will to your executors, they should know where to find and retrieve your original will at the necessary time.

Once the Will has been finalised, the testator will have to sign at the end or at the foot of the Will with the presence of two independent witnesses who are not the beneficiaries or spouse of the beneficiaries of the Will.

No, 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.

A testator is a person who has written and executed a last will and testament that is in effect at the time of his/her death. He is the will maker.

According to the Section 12 of the Wills Act 1959, when the testator has married or remarried, the will that he has made before the marriage will be revoked automatically and become null and void unless the Will has expressly provided for a “contemplation of marriage” clause. Therefore, you will need to draft up a new will. Note however, a divorce will not affect a Will unless the testator remarries subsequently.

If you die intestate, 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. Subsequently, the court will appoint a trustee and executor to administer your estate, and this may give rise to disputes between family members or beneficiaries on who should be appointed. If you have any minor children, the court will appoint a guardian for your minor children, and the person appointed may not be your preference. Lastly, the distribution process will take longer and cost more, ordinarily requiring a bond and the appointment of 2 sureties to guarantee the proper administration of the estate, as well as further court orders to effect the transfer of real property.

Section 6 of the Distribution Act 1958 sets out various scenarios for intestacy and provides a fixed formula for the distribution of the person's assets. The following are some examples:

• Leaving a spouse, issue and parents: spouse ¼ issue ½ parents ¼
• Leaving a spouse and parents but no issue: spouse ½ parents ½
• Leaving a spouse and issue but no parents: spouse ⅓ issue ⅔
• Leaving issue and parents but no spouse: issue ⅔ parents ⅓
• Leaving no spouse, issue or parents, then the following persons are entitled in accordance of priority: brothers and sisters; grandparents; uncles and aunts; great grandparents; great uncles and aunts; government.

In short, your estate will go to your spouse, your children and your parents at first. Next, it will go to your other closest relatives and in the event there is none of them to inherit your assets, it will go to the Government of Malaysia.

Yes, your will can be challenged after your death.

A will may be contested on the grounds that the contents have been altered, that your signature is forged, or that the execution was not properly witnessed. It may also be alleged that you were of unsound mind or under undue influence at the time you made your will.

Ambiguity or important omissions in your will encourages dispute. For example, under Section 3 of Inheritance (Family Provision) Act 1971, a spouse or children of the testator can challenge the will when the testator did not bequeath any asset to his/her spouse or children. Therefore, if your intention is to exclude your spouse or any one of your children from your will, it is advisable to do so expressly. Giving a justifiable reason for the exclusion will reduce the chances of a successful contest.

If you are making your will under circumstances where the soundness of your mind may later be called into question, it is advisable to have your doctor examine you and certify that you still of sound mind. If there is a challenge, your doctor may be required to testify accordingly.

Your nomination in your insurance policies and EPF money will override the Will. Therefore, benefits under any insurance policy will be paid to the persons nominated by you under the policy. Your will cannot override nominations under the insurance policy.

Further, payments from your Employees Provident Fund (EPF) will also be made in accordance with your nominations registered with EPF. However, in circumstances where EPF has no record of your nominations, your EPF contributions will be paid in accordance with your will.

Yes, your will can include with both assets within Malaysia and abroad. In order to enforce your will overseas, your executor may need to re-seal the grant of probate in a court of the foreign jurisdiction.

However, it is better to obtain specific legal advice for foreign real property because the law governing the willing of real property vary from country to country. In certain circumstances, it may be advisable to write another will dealing specifically with your foreign 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.

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.

This online will writing service is provided by WillForYou, an online platform which is operated and owned by Quantify Ins Advisory (SSM No. 202003344210) (JR0115358-W).

Any non-Muslim who is of sound mind; a Malaysian Citizen; 18 years and above in Peninsular Malaysia and Sarawak and 21 years and above in Sabah; and able to understand the nature and purpose of making a Will may use our online service to write a Will legitimately in Malaysia.

A one-time package fee as stated in the Pricing section in our website is applicable to each Will. All the fees specified herein does NOT include any government taxes (including but not limited to the new SST if applicable), which will be charged separately [Fee and Charges] later on.

1. You must read, understand and strictly follow all the necessary instructions in WillForYou and pay for the Fee and Charges.
2. You must ensure all information provided and entered is correct, clear and comprehensive.
3. Please be reminded that your Will must be made according to the Wills Act 1959 (or the Wills Ordinance Sabah Cap. 158).
4. If you are not clear with the terms and conditions, you are advised to seek for separate legal advice on the matters relating to your Will, or you can seek for the legal advice from our Panel Lawyers listed in our website.

We may not be able to process your subscription or your Will may be rendered invalid under the law.

The risks associated with WillForYour online transactions apply. Your Will may be rendered invalid under the applicable law if you are unable to comply with the Terms and Conditions, prior to proceeding with the Online Will Writing service.

An earlier nomination in your insurance policy and Employee Provident Fund (EPF), if there is any, will prevail over your Will. Further, if your named beneficiary in the Will is below the age of 18 years old when you pass away, his/her share will be held on trust by the appointed guardian for administration or trustee until he/she reaches the age of 18 years old.

Anyone who is above 18 years old, of sound mind, consents to such appointment and is able to administer your estate.

You can appoint between 1 to 4 executors to jointly administer your estate. If a beneficiary is below the age of 18, you have to appoint at least two (2) executors. 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.

Anyone who is above 18 years old, independent and is not a beneficiary/heir or spouse of a beneficiary in your Will.

If you have any minor heirs or beneficiaries who are below the age of 18 and you wish to appoint a guardian for him/her, please contact our Online Chat Support or e-mail to support@willforyou.com for assistance.

The Service only allows you to distribute your assets in percentage [%] proportion. Should you wish to list all your assets or provide for specific distribution or have other requirements, please contact our Online Chat Support or e-mail to support@willforyou.com for assistance.

The Will that are witnessed and duly signed by you will automatically revoke any previous or existing Will that you have written previously and the latest one will be considered as your last Will and Testament unless and until revoked by any subsequent Will.

You can re-write your Will at any time should you think it is necessary i.e changes of appointment of beneficiary or changes of distribution of your assets. All you need to do is re-write your will as a fresh online application and you will be charged accordingly.

Please contact our Online Chat Support or e-mail to support@willforyou.com for any assistance on your re-write request.

All the fees specified herein does NOT include any government taxes (including but not limited to the new SST if applicable), which will be charged separately in the invoice later on.

Kindly inform us if there are any changes to your contact details immediately. You may update your contact details at your WillForYou online login account, or you may e-mail to support@willforyou.com for assistance.

You will receive your hard copy will during your signing appointment with our representative lawyer.

You can always contact our Online Chat Support at our website www.willforyou.com or email to us at support@willforyou.com. Besides, we also offer WhatsApp assistance to accommodate your needs.

Convenient: Suitable for Malaysian who is too busy to visit any nearest Will Making agency; you can make your Will at anytime and anywhere

Fast: You can get your Will done quickly within a matter of hours

User-friendly: Yes. The user interface and user experience (UX) of our online service is simply user-friendly, it takes lesser than 5 steps to get a Will done

Low-cost: Yes, we price our service at a reasonable price that is competitive in the market right now

Trusted: Our online will is drafted by qualified estate lawyer and its contents are regularly reviewed and updated

Before you proceed to use our online service, it is crucial for us to ensure that you are eligible to use our service under the law. Please confirm the following:-

• I am a Malaysian
• I am 18 years old and above (for Peninsular Malaysia and Sarawak) and 21 years old and above (for Sabah)
• I am not a Muslim
• I am of sound mind
• I am able to read and write
• I understand that by completing and executing this Will, this Will shall be my Last Will and Testament which will effectively revoke all my previous wills
• I have read the Terms and Conditions herein and fully understand and agree with the said Terms and Conditions