Will Writing

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A properly drafted will allows you to decide how your estate should be distributed, appoint someone you trust to administer it, and make suitable arrangements for minor children where applicable.

Our law firm assists individuals and families with preparing and updating wills based on their assets, family circumstances and wishes. Based in Tangkak, near Muar, we serve clients in Johor, Melaka and other areas of Peninsular Malaysia.

Why Make a Will?

If a non-Muslim dies without a valid will, the estate is generally distributed according to the Distribution Act 1958 rather than the person’s own wishes.

Making a will allows you to name your beneficiaries, decide how your estate should be divided, and appoint an executor to handle the administration. It can also reduce uncertainty for your family by recording your intentions clearly.

A will does not remove the need for estate administration after death. The executor will generally still need to obtain a Grant of Probate before dealing with the estate assets.

What Your Will Can Cover

Depending on your circumstances, your will may cover:

• the appointment of an executor and a substitute executor;

• the persons or organisations you wish to benefit;

• how the remainder of your estate should be distributed;

• arrangements for beneficiaries who are under age; and

• the appointment of a guardian for minor children, where applicable.

Choosing an Executor and Guardian

Your executor is responsible for applying for the Grant of Probate, collecting estate assets, paying valid debts and expenses, and distributing the remaining estate according to your will. You should appoint someone who is willing and able to carry out these responsibilities. A substitute executor may also be named.

If you have minor children, your will may include the appointment of a guardian where appropriate. The guardian is responsible for the children’s care, while the executor is responsible for administering the estate. The same person may perform both roles if suitable.

When Should You Review Your Will?

You should review your will when there is a significant change in your personal, family or financial circumstances, including:

• marriage or divorce;

• the birth or adoption of a child;

• the death of an executor or beneficiary;

• a major change in your assets or liabilities; or

• a change in the person you wish to appoint as executor or guardian.

Marriage may affect the validity of an existing will. Do not make informal handwritten changes to a signed will. Any update should be completed using the proper legal formalities.

What to Prepare

You do not need to prepare every document before making an enquiry. The following information will help us understand your wishes:

• your identification and basic family information;

• the persons you are considering as executor, substitute executor and/or guardian;

• the names and identification details of your intended beneficiaries;

• a general list of your properties, bank accounts, investments, vehicles, business interests and other assets;

• details of major loans or liabilities;

• information about existing EPF, insurance or other nominations; and

• your current will, if you already have one.

Additional information can be identified after your circumstances and instructions have been reviewed.