Question 1

I’m young. Do I need a will?

Accepted Answer

If you have bank savings, property, a car, a business or young children, yes. Accidents don’t pick an age. A will lets you decide who gets what, who manages it and who looks after your children, and makes the process faster for your family.

Question 2

How are my assets divided if I die without a will?

Accepted Answer

For non-Muslims in Peninsular Malaysia, under the Distribution Act 1958. For example, with a spouse, children and parents surviving, the spouse gets a quarter, the children half and the parents a quarter, regardless of your wishes.

Question 3

How do estates differ for non-Muslims and Muslims?

Accepted Answer

Non-Muslims can make a will freely under the Wills Act 1959, and without one the Distribution Act 1958 applies. Muslim estates follow faraid; a wasiat can only cover up to one third and not legal heirs, so hibah is often used in planning.

Question 4

How much does a will cost? What does Rockwills charge?

Accepted Answer

It depends on how complex the will is and the services chosen, such as trusts, will custody and executor services. Rockwills has different packages; WhatsApp Lulu for current fees.

Question 5

Do I need a lawyer to write a will? Is a DIY will valid?

Accepted Answer

You don’t need a lawyer. A self-written will can be valid if it meets the legal requirements: aged 18 or above, of sound mind, in writing, and signed in front of two witnesses. But unclear wording and witnessing mistakes are common and can make part or all of it fail, which is why many people use a will writing company or lawyer.

Question 6

How many witnesses does a will need? Can family members be witnesses?

Accepted Answer

Two adult witnesses must be present together when you sign. Witnesses should not be beneficiaries or their spouses, or the gift to them may fail. Family members who don’t benefit can witness, but it is better to use people with no interest.

Question 7

Who should be my executor? Can it be a family member?

Accepted Answer

A family member or a trust company. Executors should be reliable, able to handle paperwork, ideally younger than you, with a backup named. For complex families, larger estates or young children, a professional trust company is an option.

Question 8

Is my old will still valid after I marry?

Accepted Answer

Generally no. Under the Wills Act 1959, marriage revokes an earlier will unless it was made in contemplation of that marriage, so make a new will after you marry.

Question 9

Where should I keep my will, and how will my family know it exists?

Accepted Answer

Keep the original somewhere safe that can be found when needed, such as a will company’s custody service, a law firm or a safe deposit box. Tell your executor or a trusted family member that it exists and where; an original that can’t be found is as good as no will.

Question 10

I have insurance nominations. Do I still need a will?

Accepted Answer

Yes. A nomination only covers that policy’s payout. Your property, savings, shares, car and business still need a will. Use both together.

Question 11

Can I appoint a guardian for my young children in my will?

Accepted Answer

Yes. You can appoint a guardian to look after children under 18 if you pass away, and set up a trust to manage assets for them.

Question 12

I have assets overseas. Is a Malaysian will valid for them?

Accepted Answer

A Malaysian will is generally used for assets in Malaysia. Overseas assets, especially property, often follow local law, and a separate local will can make things smoother. Mention overseas assets when drafting so the two wills don’t revoke each other.

Question 13

Can I change my will later? How much does it cost?

Accepted Answer

Yes, at any time, either with a codicil for small changes or by writing a new will. The cost depends on the will company; some packages include a number of free updates, so ask Lulu.

Question 14

A family member died without a will. How do we apply to administer the estate (LA or Amanah Raya), and how long does it take?

Accepted Answer

It depends on the assets and their value. Smaller estates with only movable assets can go to Amanah Raya for summary administration; small estates that include immovable property generally go to the land office’s estate distribution unit; others need Letters of Administration from the High Court. It can take months to a year or two.

Question 15

The bank froze the account. How do we pay for the funeral?

Accepted Answer

Banks freeze a deceased account holder’s account until there is a grant of probate or letters of administration. Some banks allow limited withdrawals for funeral expenses under conditions, so ask the bank directly. This is why life insurance nominations matter: the payout reaches the family faster.

Wills: 15 questions people ask most