Will & Testament

Due to the rising cases of covid-19, more and more people has considered about making a will & testament, regardless they’re young or senior. So, one must have many questions about making a will & testament, since people do not tend to think or talk about this topic in their daily life.

 

Q1: What is a will?

A1: A will is a declaration that prescribe the person’s intention on the distribution of one’s property after death.

 

Q2: Must I hire a lawyer to make a will?

A2: There is no legal requirement for one to hire a lawyer to make a will. However, with the help of a lawyer one can make a will that is in accordance with the format, and also in proper language that can avoid confusion or dispute. 

 

Q3: Who can make a will?

A3: Anyone who is 18 years old (in West Malaysia & Sarawak) & 21 years old (in Sabah), and with clear & sound mind.

 

Q4: Any requirements for one to make a will?

A4: Your will must be in writing and there must be at least 2 witnesses to witness your will.

 

Q5: Who can be the witnesses of my will?

A5: The witnesses must be 21 years old and above; and they must witness the signing of your will.

 

Q6: Who cannot be the witnesses of my will?

A6: Your spouse, the beneficiary (who is going to benefit from your will) cannot be the witness of your will.

 

Q7: What is an Executor?

A7: Executor is the one who will in charge in distributing your property as per instructed in your will. 

 

Q8: Can the Executor also be the Beneficiary?

A8: Yes, Executor can also be the Beneficiary.

 

Q9: Do I need to stamp or seal my will?

A9: You do not need to stamp or seal your will in Malaysia.

 

Q10: Where should I keep my will?

A10: You can put it anywhere you think safe and informed the executor so; but it is not advisable to put it in bank safe deposit box as the requires a Probate before they can open the safe deposit box.