Will Writing in Malaysia: A Simple Guide for First-Timers

Any adult non-muslim Malaysian can write a legally binding will under the Wills Act 1959, as long as it’s in writing, signed, and witnessed by two adults. Doing so ensures your property, savings, and belongings are distributed according to your wishes instead of the Distribution Act 1958.

Many Malaysians only think about will writing after a health scare or family dispute, by then, it’s often too late. A few pages of paperwork today can save your loved ones months of court visits, lawyer fees, and arguments over “who gets what.”

Hence, we’ll break down everything you need to know about will writing in Malaysia,  who can make one, what makes it valid, and how to write it step by step without legal confusion.

What Is a Will and Why Is It Important?

A will is a legally binding document that records how you want your assets to be distributed after your death.

It typically includes details about your:

• Property and savings
• Investments and insurance
• The people (beneficiaries) you wish to inherit them

In Malaysia, a will gives you peace of mind and control over your legacy. It lets you:

• Appoint guardians for your children
• Decide who receives your estate
• Prevent family disputes and costly legal delays

Without a will, the law, not you, decides how your estate is divided under the Distribution Act 1958.

A valid will also simplifies court procedures by allowing your executor to apply for a grant of probate, giving them legal power to manage and distribute your estate efficiently.

Who Can Make a Will in Malaysia?

Any non-Muslim Malaysian aged 18 and above can make a will, provided they are of sound mind at the time of execution.

Eligibility requirements:

• The person (testator) must be mentally capable of understanding their assets and the effect of the will.
• The testator must sign the will voluntarily, without pressure or coercion.
• The will must comply with Section 5 of the Wills Act 1959.

Note on jurisdictions:

• The Wills Act 1959 applies in West Malaysia.
• Sabah and Sarawak have their own Wills Ordinances (requirements are broadly similar).
• Muslims’ estates are governed by Islamic law (Faraid).

What Makes a Will Legally Valid in Malaysia?

A valid will must satisfy certain formal requirements to be recognised by the court.

According to Section 5 of the Wills Act 1959, a will must:

1. Be in writing (typed or handwritten).
2. Be signed by the testator at the end of the document.
3. Be witnessed by at least two people present at the same time.
4. Have witnesses who are not beneficiaries under the will.

Additional points to ensure validity:

• Sign every page to avoid disputes.
• Keep the language clear and unambiguous.
• Date your will and include your full name, IC number, and address.

Failure to comply with these steps can render the will invalid or open to contestation.

Read more: Divorce in Malaysia: Process, Costs, & Your Legal Options

What Happens If You Die Without a Will?

When a person dies without a will, they are said to have died “intestate.”

In that case, the Distribution Act 1958 decides who inherits the estate. The law outlines fixed proportions for family members such as the spouse, children, and parents.

Here’s a simplified example (for non-Muslims under the Distribution Act 1958):

If no eligible heirs exist, the property may eventually revert to the Government of Malaysia.

This process often leads to delays, family disagreements, and higher legal costs. all of which a simple will can prevent.

How Do You Write a Will Step-by-Step?

Writing a will in Malaysia is simpler than most people think.

You can draft it yourself or engage a lawyer to make sure it’s legally sound.

1. List Your Assets and Liabilities

Start by identifying everything you own and owe. This includes your:

• Property (land, house, condominium)
• Vehicles and valuables
• Bank accounts and fixed deposits
• EPF or insurance policies
• Investments, shares, or digital assets
• Outstanding loans or debts

Even sentimental items, like heirlooms or a pokemon card collection, can be listed. A clear inventory avoids future confusion and makes sure nothing gets overlooked.

Read more: Tenancy Agreement in Malaysia: Rights & Stamp Duty Explained

2. Appoint an Executor

Your executor is the person responsible for carrying out your will after your death.

Choose someone who is:

• Over 21 years old
• Trustworthy and organised
• Financially responsible and emotionally steady

You can appoint more than one executor. For example, a family member and a professional (such as a lawyer or trustee company). The executor will apply for the Grant of Probate and manage the estate distribution.

3. Name Your Beneficiaries

Be specific about who inherits what.

List their:

• Full names and NRIC numbers
• Relationship to you
• Exact portion or items they should receive

Clarity prevents disputes. Avoid vague phrases like “divide equally among my children” unless you mean it precisely. 

If you plan to leave gifts to charities, include their official registered names.

4. Appoint Guardians (If You Have Children)

If you have children under 18, appoint guardians to care for them should both parents pass away.

You may:

• Name one or two guardians (primary and backup)
• Discuss the responsibility with them beforehand
• Specify education or upbringing preferences

This makes sure your children are cared for by trusted individuals instead of being subject to court-appointed guardianship.

5. Include Specific Instructions

A will is your opportunity to include personal wishes beyond asset distribution.

You can specify:

• Funeral or burial preferences
• Charitable donations or religious offerings
• Care instructions for pets
• How sentimental items (letters, photos, jewellery) should be handled

These details make your will more meaningful and prevent family members from guessing your intentions later.

6. Sign and Have Two Witnesses Present

For a will to be legally valid, it must be signed and witnessed correctly.

Here’s how:

• Sign your will at the end of the document.
• Have two witnesses present at the same time in the same physical space.
• Ensure they are not beneficiaries or married to one, any gift to them will be void
• Both witnesses must also sign the document.

This step confirms you signed voluntarily and understood what you were doing, satisfying the requirements of Section 5 of the Wills Act 1959.

7. Store Your Will Safely

The safest place for your will is one where it can be found when needed.
Options include:

• Your lawyer’s custody service
• A bank safe-deposit box
• A professional trustee company

Avoid hiding it in drawers or places where it could be misplaced or destroyed. Tell your executor where it’s kept, but never give them the only copy.

Our Recommendation: Review It Regularly

Your will isn’t a one-time document, it should evolve with your life. Review it every few years or after major events such as:

• Marriage or divorce
• The birth of a child
• Purchasing or selling property
• Starting a business or registering a company 

Updating your will keeps it relevant and prevents outdated instructions from complicating your estate later. 

Can a Will Be Challenged or Changed?

Yes, a will can be challenged in court under certain conditions, for example, if:

• The testator was not of sound mind.
• There is evidence of undue influence or coercion.
• The will wasn’t signed or witnessed properly.

Additionally, under the Inheritance (Family Provision) Act 1971, a dependent left out of a will may apply to the High Court for reasonable provision from the estate.

You can change your will at any time by creating a new will or a codicil (a legal amendment). Always revoke previous versions explicitly to avoid confusion.

How Does Probate Work After Death?

Probate is the legal process of proving a will’s validity in court.

Once approved, the executor receives a Grant of Probate, allowing them to distribute assets according to the will.

For intestate cases (no will), the family must apply for Letters of Administration, a longer, more complex process that often involves additional documentation and court appearances.

Average timeline (for non-contested cases):

Actual timing depends on court schedules and estate complexity.

Having a clear and properly executed will speeds up this entire process, easing the burden on your family during a difficult time.

What Should You Avoid When Writing Your Will?

Avoid these common mistakes that can render your will invalid or problematic:

• Using ambiguous language or unclear beneficiary names.
• Naming witnesses who are also beneficiaries.
• Forgetting to update the will after major life changes.
• Failing to appoint a backup executor.
• Not keeping the original document in a safe, accessible place.

“A will doesn’t have to be complex, but it must be precise.”

How to Get Professional Help in Writing a Will

If you’re unsure how to start or want peace of mind, consider consulting a lawyer or licensed estate planner familiar with Malaysian inheritance law.

They can help you:

• Draft a will compliant with the Wills Act 1959.
• Structure it to cover foreign assets or business ownership.
• Advise on trusts, guardianship, or family provision claims.
• Safely store your will or register it with professional custodians.

Writing a will isn’t just about paperwork. it’s about clarity, control, and care for those you love.

Writing Your Will Now Protects Your Loved Ones Later

A well-drafted will is one of the most considerate gifts you can leave behind.

It spares your family legal stress, prevents disputes, and makes sure your life’s work is passed on exactly as you wish.

In Malaysia, the law supports those who take the time to plan ahead, and it’s never too early to start.

This guide was brought to you by PRESS, a digital PR agency in Malaysia that helps law firms, financial planners, and professional service providers communicate complex topics with clarity and credibility. 

Because in an age of misinformation, trusted information is the best form of protection.

Disclaimer: This content is general information (mainly for West Malaysia) and not legal advice, laws vary (incl. Sabah/Sarawak and Syariah matters); consult a qualified lawyer for advice on your situation.

Sources

• Wills Act 1959 (Act 346)
• Distribution Act 1958 (Revised 1983)
• Inheritance (Family Provision) Act 1971
• CommonLII.org – Malaysia Legal Codes
• Mondaq – Key Considerations When Drafting a Will in Malaysia
• Thomas Philip Advocates & Solicitors – Enforcing Your Will
• PropertyGuru Malaysia – Wills in Malaysia Explained