The Wills Act 1959 of Malaysia, like many other similar legal instruments around the world, was established at a time when the intricacies and nuances of modern technology weren’t as pervasive as they are today. While the act serves its fundamental purpose, which is to establish the foundational requirements for creating a valid will, there are aspects of modern life that may not be directly addressed by older legislation. Here are some considerations when evaluating its alignment with today’s technology and lifestyle:
Digital Assets: Modern lifestyles have led to the accumulation of various digital assets, such as social media accounts, blogs, online businesses, digital photos, eBooks, and cryptocurrencies. Traditional legislation might not have provisions for the management, access, and distribution of these assets upon the owner’s death.
Digital Wills and Signatures: With the rise of e-commerce and digital transactions, electronic signatures and even fully digital wills have become a point of discussion. While some jurisdictions have started recognizing electronic signatures and digital wills, older legislation, like the Wills Act 1959, may not.
International Concerns: Today’s interconnected world means that many people hold assets in multiple countries, and they might reside in a country different from their citizenship. Cross-border estate planning can be complex, and traditional laws might not fully address these complexities.
Changing Family Structures: Modern family structures can be more varied than in the past, with blended families, same-sex marriages, cohabitation without marriage, and other non-traditional arrangements. These dynamics might not be directly addressed by older laws.
Technological Means of Revocation: Modern methods of expressing one’s intention, such as videos or digital messages, might not be recognized under older legislation which typically requires written and witnessed documents.
Diverse Asset Structures: The increasing complexity of financial instruments, businesses, and investments in today’s world might necessitate more intricate estate planning than what was imagined when older laws were crafted.
Awareness and Access: The internet allows people to access and draft their own legal documents, including wills, more easily than before. However, without proper guidelines, this might result in an increase in legally invalid or problematic wills.
While the Wills Act 1959 provides the foundational structure for wills in Malaysia, the rapid changes in technology, society, and global connectivity highlight the importance of regular legal updates. Countries, including Malaysia, might need to re-evaluate and amend their legislation periodically to ensure that it remains relevant to the evolving needs and challenges of modern society.
However using a lawyer approved online will writing software like WillsMalaysia could save you the trouble of keeping up with the law.
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