What happens if you die without a will
For non-Muslims in Peninsular Malaysia, if there is no will, the estate is divided under the Distribution Act 1958, a fixed formula that doesn’t consider your wishes. For example, if you leave a spouse, children and parents, your spouse receives one quarter, your children half and your parents one quarter.
Your family also has to apply for Letters of Administration instead of a Grant of Probate. That process usually takes longer, may need sureties, and requires family members to agree on who administers the estate. Meanwhile, accounts can be frozen when your family needs the money most.
What a will lets you decide
- Beneficiaries: who receives which assets, and in what share.
- Executor: the person or trust company who carries out your will.
- Guardian: who looks after your children if they are under 18.
- Trusts: holding assets for young children or dependants until they are old enough.
- Specific gifts: a property, a car or a sum of money to a particular person.
Why write your will through Rockwills
Rockwills is a long-established will writing and estate planning company in Malaysia. As a Rockwills representative, Lulu:
- sits down with you to list your assets, family and wishes,
- prepares the will with Rockwills so it meets legal requirements,
- arranges proper signing and witnessing,
- explains will custody options, so the original will is kept safe and can be found when needed,
- explains how the will works together with your insurance nominations and trusts.
Fees depend on the will package and any trust services. Ask Lulu for the current options.
When to update your will
Review your will whenever life changes:
- Marriage: under the Wills Act 1959, marriage generally revokes an existing will unless it was made in contemplation of that marriage.
- The birth of a child or grandchild
- Buying or selling property, or starting a business
- Divorce, or the death of a beneficiary or executor
A note for Muslim families
Wills under the Wills Act 1959 apply to non-Muslims. For Muslims, estates are distributed under faraid, and tools such as wasiat and hibah are used for planning. Lulu’s will writing service is mainly for non-Muslim families.