Frequently Asked Questions

Have You Made a Will?

Making a will has become a part of life planning. A will can protect the future life of its relatives, and it can also omit many legal red tapes. It can also avoid family disputes and save time and effort in distributing property.

Compared with 10 years ago, the average age of the testament has been younger. From the average of 60 years old in the past to the current 30s, young people have begun to attach importance to making wills. Making a will is not only the continuation of personal wishes but also the best way to comfort relatives. This way of planning the end of life in advance is not negative or disgusting. On the contrary, it is a responsible attitude that allows you to leave love for relatives.

1) What is a will?
  1. The average person thinks that the will is a last word of life, especially when the life is dying, the words left or written.
    Actually not. A will is a document based on legal procedures that explains how a person's willingness to deal with his estate after death and who is responsible for handling the estate of the deceased.
  2. A will is generally involved in the Quartet:
    1. Testator
    2. Executor
    3. Beneficiary
    4. Witness
  3. A person who make a will, we call him a Testator.
    The personal representative of the testator, we call him the Executor; the beneficiaries are those who benefit from the will; the witnesses refer to the witnesses signed by the testator.
2)To make a will, must be in accordance with the form and procedures prescribed by law:
  1. A will must be written unless it is a Privileged Will. For example, soldiers, navies, and seafarers in the military can privilege wills when they are on duty. The privilege will be spoken or written, but it is not necessary to sign the will.
  2. The testator must be 18 years old (Malay Peninsula and Sarawak) or 21 years old (Sabah). When making a will, he must be sound mind. The testator must sign and write the date at the end of the will.
  3. The signature of the testator must be witnessed by two people who are not beneficiaries and their husbands or wives who are not beneficiaries.
  4. Executionists who are not beneficiaries and spouses who are not beneficiaries can witness this will.
  5. The two witnesses must sign in front of each other and the testator. The testament does not require a stamp.
3) Who is qualified to make a will?
As long as a person is 18 years old, he can make a will at any time. So far, many people have yet to make a will after they die. Reasons include the following: Some believe that they have not left any property and do not have to make a will. Some believe that only wealthy people have the ability to make wills. Some believe that after death, the estate will be automatically transferred to their other half. Some think they don't need to be wills because they don't have relatives. Some people are completely ignorant of making a will.
4) What language should your will be written in?
The law does not stipulate what language the will should be written in. If the will is not written in Chinese or English, when you want to apply for a will, you must translate it into Chinese or English. Any translation may be controversial.
5) Can you list the EPF fund or insurance premium in the will?
In the case of nominations, the EPF fund and the insurance premium are given to the beneficiary. They cannot be included in the will. The will cannot invalidate the above nomination.
6) Can you modify your will?
You can modify the will at any time before you have passed away. When you make a new will every time. The previous will will be replaced.
7) When do you have to review your will?
When something happens, you have to review your will, for example:
  • If you marry or remarry.
  • If you change your name or the beneficiary changes the name.
  • If your executor is dead or unable to distribute your heritage on your behalf.
  • If there are any changes that will affect your will.
8) Where can I keep the will?
It is confidential to make a will. In any case, you must let your family or at least let your executor know where your will exists. If you can't find a will, it's as if you didn't make a will.
If you put your will in your lawyer's office, you should tell the executor your lawyer's name or address.
9) What are the benefits of making a will?
Make sure that your estate is distributed as you wish; make sure that your estate is not assigned to relatives you don't know; the process of applying for a Grant of Probate is simpler.
10) What if you don't have a will?
If you have not made a will, then your estate will be distributed according to the 1958 Distribution Act.
Intestate Succession Asset allocation method
Spouse only (no parents / children) Spouse get all assets
Spouse and parents (no children) Spouse - 1/2
Parents - 1/2
Child only (no spouse / parents) Child - get all assets
Parents only (no spouse / child) Parents - get all assets
Spouse and child (no parents) Spouse - 1/3
Children - 2/3
Parents and children (without spouse) Parents - 1/3
Children - 2/3
Spouse, parents and children Spouse - 1/4
Parents - 1/4
Children - 2/4