Introduction to Wills in Malaysia
A “Will” in Malaysia is a legal document that outlines how a person’s assets and property will be distributed after their death, requiring the testator (the person making the will) to be at least 18 years old, of sound mind, and to have the will written and signed in the presence of two witnesses who cannot be beneficiaries of the will; this is governed by the Wills Act 1959, ensuring proper distribution of assets according to the individual’s wishes upon their passing.
Key points about wills in Malaysia:
- Age and mental capacity:To create a valid will, the testator must be at least 18 years old and of sound mind.
- Written document:A will must be written and signed by the testator.
- Witnesses:At least two witnesses, who are not beneficiaries of the will, must sign the document in the presence of the testator and each other.
- Executor appointment:A will typically names an executor, who is responsible for managing the estate and distributing assets according to the will.
Important considerations when making a will:
- Reviewing your will regularly: Life events like marriage, divorce, or birth of children can necessitate updating your will.
- Specific details: Clearly identify your beneficiaries and the assets you want to distribute.
- Legal advice: Consult a lawyer to ensure your will is properly drafted and complies with legal requirements.
HKT