The Wills Act in Malaysia is applicable only to non-Muslims, since Muslim inheritance is governed under the Syariah law. However a Muslim should prepare a “Wasiat” which is equivalent of a will and appoint their “Wasi” which means an executor who would be incharge of their Wasiat.
What makes a will valid?
Under the Wills Act in Malaysia,to make sure your will is valid, you’ll need to:
● Be at least 18 years of age at the time of writing.
● Be of sound mind.
● At least two witnesses who will sign your will
● Have the will in writing or print and it should be signed. .
The minimum age requirement to write a will is 18 years old, except for Sabah where the legal age is 21. This is the first basic rule that we have to follow before writing a will.
The person who is writing the will should be in sound mind or better said the writer should be conscious of his or her actions. The writer of the will should at least have two witnesses to make it legally binding.The witnesses must be present when you sign your will. Why? It’s because if your will is contested in future, your witnesses can testify that they witnessed you sign your will.
Most importantly, a beneficiary cannot be a witness according to the Wills Act 1959. If a beneficiary is also the witness, unfortunately the will’s gift to that person could be declared void by a court. The rest of the will would remain in effect. Your will would be valid until it’s replaced with a new one, intentionally destroyed or revoked in writing.
Bear in mind, your will, will be automatically revoked if you get married, remarry or even convert to Islam. As previously stated Wills Act 1959 is only applicable for non muslims only. Finally, you must have a printed copy of your will which you have signed.
Here at WillsMalaysia, we developed a smart wizard to easily create your will – all without the hassle of lawyers and extra fees. Follow the simple step by step series of questions, fill relevant details, print, and sign in front of two witnesses.
The clarity provided on the Wills Act 1959 is much appreciated. It’s crucial to understand these legal foundations to ensure our wills are valid and our wishes are respected.
The article highlights an important distinction for Muslims in Malaysia regarding the ‘Wasiat’, which is an essential piece of information for those looking to manage their estate according to Syariah law.
Understanding that marriage, remarriage, or conversion to Islam can revoke a will underlines the dynamic nature of our personal circumstances and the need to keep such documents updated.
It’s a relief to see that creating a will can be straightforward without the need for excessive legal fees. The step-by-step wizard offered by WillsMalaysia could be a game-changer for many.