Why leaving a Will is important for the Family?

Having a Will that is properly drafted, dated, signed, and witnessed has many benefits. If you die without a valid Will, you die “intestate”. Intestate succession takes time and costs money.

The Importance of Having a Will well written & comprehensively prepared. The Malaysian Wills Act 1959 defines a Will as a declaration intended to have legal effect of the intentions of the testator concerning their property or other matters, which they desire to be carried into effect after their death. The Act only applies to the States of Peninsular Malaysia. The main purpose of Will writing is to express your wishes on how your estate must be distributed after your death. You can also express your other wishes. For example, who must take care of your children or the family business when you are no longer around.

However the Wills Act 1959 does not apply to the Wills of persons of the Islamic religion. The Muslim inheritance is governed by Syariah law. Muslims need to draw up a “wasiat” (similar to a Will) and appoint a “wasi” (similar to an executor). While a “wasiat” and a will serve the same purpose; they are actually governed by entirely different sets of laws.]

To ensure that your Will is executed according to your wishes, you will appoint an executor of your choice. Of course, for your Will to have effect, it must be valid.

Hence, for a Will to be valid, it must fulfil and comply with the following terms and conditions, viz:

1. The Will must be in writing and signed.

2. The person making the Will (the testator) must be at least 18 years of age or older. (In Sabah, 21 years is the age of majority)

3. The testator must be of sound mind.

4. The testator must sign the Will in the presence of two witnesses.

A beneficiary or the spouse of a beneficiary cannot not be a witness to the signing or execution of the Will.