Writing one’s own will, often referred to as a “holographic will,” has certain advantages. However, it’s crucial to note that any self-written will must comply with the requirements and stipulations of the Malaysia Wills Act 1959 to be valid. Here are five reasons for a Malaysian to consider writing their own will:
Cost Savings: Engaging a lawyer to draft a will involves legal fees. For those who have a straightforward distribution in mind and are confident in their ability to articulate their wishes clearly, writing their own will can save costs.
Privacy: Some individuals value their privacy highly and may not be comfortable disclosing personal details and their estate’s particulars to a third party, including a lawyer. By writing their own will, they can maintain confidentiality regarding their assets and beneficiaries.
Flexibility: When individuals write their own will, they can take their time to think about the distribution, make changes as they see fit, and adjust their decisions based on changing circumstances without having to consult a lawyer each time.
Personal Touch: A self-written will allows the testator to include personal messages, reasons, or explanations regarding their decisions, which may not be typically included in standard lawyer-drafted documents. This can give a more intimate touch to their last testament.
Immediate Action: In certain situations, an individual might need to draft a will urgently, and there might not be enough time to consult a lawyer. Writing their own will allows them to take immediate action.
However, it’s essential to exercise caution. If a will is not written in compliance with the Malaysia Wills Act 1959, it may be deemed invalid, leading to potential disputes and the distribution of the estate according to the Intestate Succession laws, which might not reflect the deceased’s wishes. While there are advantages to drafting one’s own will, individuals should ensure they thoroughly understand the requirements or seek some form of guidance, even if it’s not full legal representation. Use the lawyer approved online Will writing service of WillsMalaysia
