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Frequently Asked Questions
Find answers to common inquiries about will writing, estate planning, and our services in this comprehensive resource.
It is the executor’s job to carry out any wishes as stated in your Will, including any funeral arrangements. It can depend on the policy of banks, but if you leave a large amount of money, or if you leave land in your name only it will be necessary for your executor to apply for probate. This is the official court declaration that a will is to be treated as valid and binding.
Your executor must pay your debts from your estate (such as funeral expenses, mortgages, personal loans etc). Beneficiaries will only receive something after all the bills are paid. If you die and there is not enough money to pay all your debts, then your funeral expenses, mortgages, personal loans, and executor’s expenses are paid before other debts. Your executor and your beneficiaries do not have to pay your debts out of their own finances.
Often people wish to contest a Will because they consider it to be unfair. If they contest your Will, they will have to show the Court that you failed to provide for their proper maintenance. The Court will look at how much property is in the estate and how much they could receive. The Court has very wide powers to look at all the circumstances including their finances and their relationship with you prior to your passing.
People may also try to contest the validity of a Will. They may challenge its validity if the content of the Will is unclear, if you did not have capacity when you made the Will, or if you were pressured by a third party to prepare the Will.
The law is very complicated in this area. If a person believes they may have a claim they will need to get legal advice immediately. A claim must be made within 6 months of the granting of probate. However, the Court may give an extension of time if the estate has not been completely administered.
EPF / Insurance Policy will follow the the nominations made as per stated in the policy. Under any circumstances, if the nominations made in your policies does not take effect for whatever reason, then we may be able to draft such as to hand over the benefits to the Beneficiaries that you may intend to pass it on to.
If you want to make small changes to your Will you can do so. However, they are legal requirements that apply to changing as your will have to revoke the earlier Will and get a new one, if the changes are huge.
If you marry or register a relationship this automatically cancels an existing Will. If you divorce or end a registered relationship, any gift or power you have given to your former spouse or partner is cancelled. This does not apply if you separate but remain married. It is wise to get legal advice about your Will if your relationship changes.
If there is a signicant change in your circumstances, such as with your relationships, or the birth of a child, the death of a spouse or partner, or death of an executor or beneciary, it is best to make a whole new Will. This will make your wishes clear and avoid confusion in the future. Rewriting a Will again for the second time with us, we will be o‑ering at a discounted price. Contact us for further information.
Regular Questions
A Will is a legal document that sets out who you want to get your possessions and property (your ‘estate’) when you die.
To be valid in Malaysia:
- It must be in writing (not verbal).
- It must be signed by you and two witnesses, over 18 years of age, who must be present at your signing. It is better if the witnesses are not mentioned in any other part of the Will.
- It must detail the distribution of your estate to your beneficiaries. These are the people who will get your possessions and property.
- It should name an executor. This person will be the legal representative responsible for the administration of your estate. Can choose up to 4 Executor’s.
If you die without a Will it may be more difficult and expensive for your family to deal with your estate. It also means you have no control over what happens to your property. By having a Will, you give legal force to your wishes, making sure that your property and belongings go to the people you choose.
Any joint property automatically passes to the other owner(s). Property in your name only is distributed according to the law of intestacy.
Some examples:
- Wife dies leaving a husband and no children. Everything goes to her husband.
- Unmarried and childless person dies, leaving both parents alive. The mother and father each get half of the estate.
- Husband dies leaving a wife and 2 children. He had a jointly owned house and RM120,000 in the bank in his name only. Joint property (house) goes automatically to surviving owner (wife).
- Distibution takes place as below according to Section 6 of the Distribution Act 1958
Your Will should set out how your possessions and property are to be distributed upon your death. It can also cover things like making a Will gives you the opportunity to leave a legacy to charity or cause which is close to your heart, organ and body donation and your preferred funeral arrangements, and express your wishes about who you would like to nominate as guardians for your minor children or children living with a disability.
If there is any conditions that you may want to draft in to the Will, you may do so with us by adding a section at the end of the Will for testamentary trust. This can be used to motivate a beneficiary with payments being made conditional upon achieving specified goals
You can have your Will prepared professionally and be sure to explain all the details of your estate and your family circumstances. This will help to ensure that your estate is distributed according to your wishes.
You should also consider your digital property such as digital files, emails, and media accounts. Some people keep a record of their digital property including passwords and login details with their Will so their executor can access their computer and accounts.
Most eligible for children or minor or up to 30 years old. Leaving assets to children by creating testamentary trust is where the trustee will hold the assets on trust until each child attains the age of majority.
For more information about testamentary trust do contact us.
We can prepare your Will and give advice about your estate. Our Will can cost anywhere from RM 550 (basic) onwards depending on its complexity. Prices can vary, so contact us to get quotes.
You can make your own Will but keep in mind that your Will is an important legal document. If your Will is not properly drafted and executed there may be additional legal costs to clarify your instructions and to administer your estate. For peace of mind, it is better to have your Will prepared professionally by us.
An executor may be any competent adult (including a beneficiary) who is at least 18 years of age.
You can name a relative or friend. You can appoint more than one executor and ask that they work together to administer your estate. It is best to appoint an executor who is likely to survive your passing.
If you appoint a professional as your executor, they are entitled to charge a fee for their services. If you appoint a relative or friend as your executor, they can get assistance from a professional like a solicitor to administer the estate. Their fees will be charged against the estate, under Probate Law. An executor can/may also act solely on their own to administer the estate without any additional cost.
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Customer satisfaction is our top priority, and we are committed to providing you with exceptional service. Whether you need assistance with will writing, estate planning, or have any other related inquiries, we are here to help.
