A Last Will and Testament, commonly referred to simply as a “will,” is a legal document that expresses a person’s wishes as to how their property and assets should be distributed after their death. It can also specify other wishes, such as the guardianship of minor children.
In the context of the Malaysia Wills Act 1959, the document sets out the specific requirements and provisions for creating a valid will in Malaysia. Here are some key points about a Last Will and Testament under this Act:
Formalities for a Valid Will: Under the Act, a will must be in writing, signed by the testator (or by another person in the testator’s presence and under the testator’s direction), and be witnessed by two or more witnesses present at the same time, who each also sign the will in the testator’s presence.
Age Requirement: The Act specifies that any person who is of sound mind and not a minor (above the age of 18) can dispose of their property by will.
Revocation of Wills: The Wills Act 1959 provides various circumstances under which a will can be revoked, such as by marriage, by the creation of a subsequent will, or by destruction with the intention of revocation.
Gifts to Witnesses: If a beneficiary of a will (someone who stands to inherit) also acts as a witness to the will, then, unless there are at least two other witnesses who are not beneficiaries, the gift to that beneficiary/witness is void. This provision ensures there’s no conflict of interest.
Language and Jurisdiction: The Wills Act 1959 does not restrict the language in which a will can be written. However, for ease of interpretation and execution in Malaysia, it’s commonly written in Malay or English. It’s also important to note that the Act generally applies to wills made by any person in Peninsular Malaysia (and by extension, the entire country).
Interpretation and Probate: While the Wills Act 1959 outlines the requirements for a valid will, the actual interpretation of the will and the process of probate (the official proving of a will) is governed by separate legal provisions and acts.
To ensure that a Last Will and Testament is legally valid and can be executed as intended in Malaysia, it’s essential to adhere to the requirements of the Wills Act 1959 and to consult with a local lawyer experienced in wills and estate planning.
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