How to Write a Will in Malaysia

Writing a will may not be something we think about often, but it's one of the most important legal documents you can prepare in your lifetime. A well-drafted will ensures your assets are distributed according to your wishes—and helps your loved ones avoid disputes, delays, and uncertainty after your passing. At Chan & Chia, we help individuals and families in Seremban and Negeri Sembilan draft clear, legally valid wills that stand up in court.

A Simple Guide to Planning Your Estate the Right Way

What Is a Will?

A will is a legal document that states how you want your assets, property, and possessions to be distributed upon your death. It can also include:

  • Appointment of an executor (the person who manages your estate)

  • Guardianship of minor children

  • Specific gifts or instructions for funeral arrangements

In Malaysia, wills are governed by the Wills Act 1959 (for non-Muslims). For Muslims, estate distribution follows Faraid and Syariah law.

Why Writing a Will Is Important

  • Avoid family disputes
  • Prevent delays in estate distribution
  • Ensure your children or dependents are taken care of
  • Appoint a trusted person to manage your estate
  • Reduce legal costs and court complications

 

Without a valid will, your estate will be distributed according to the Distribution Act 1958, which may not reflect your actual wishes.

How to Write a Will in Malaysia: Step-by-Step

1. List Your Assets and Debts

Start by identifying all your assets, including:

  • Real property (land, houses, apartments)

  • Bank accounts and savings

  • EPF, insurance, and investments

  • Vehicles, personal items, business shares

  • Outstanding loans or liabilities

2. Choose Your Beneficiaries

Clearly state who will receive what. Beneficiaries may include:

  • Spouse or partner

  • Children or grandchildren

  • Parents or siblings

  • Charities or friends

3. Appoint an Executor

Choose a responsible and trustworthy person to carry out the instructions in your will. You can also appoint a contingent executor in case the first is unable to act.

Where one or more beneficiaries are minors, you should name 2 joint executors. 

4. Appoint a Guardian (if necessary)

If you have children under 18, appoint a guardian to take legal responsibility for them.

5. Write the Will According to Legal Requirements

Under the Wills Act 1959, a valid will must:

  • Be in writing

  • Be signed by the testator (you)

  • Be witnessed by two independent witnesses, both of whom must sign the will in your presence (note that beneficiaries under your will cannot act as witnesses)

6. Seal and Store the Will Safely

Store the original copy in a secure place such as:

  • Your lawyer’s office

  • A bank’s safe deposit box

  • A will registry or estate planning service

Inform your executor or trusted family members where the original will is kept.

Should You Use a Lawyer to Write Your Will?

DIY wills often fail to conform to legal requirements, lack clarity or miss key legal elements. At Chan & Chia, we offer:

  • Professionally drafted wills tailored to your unique situation

  • Legal advice on inheritance laws, guardianship, and tax implications

  • Safe storage

  • Transparent fees 

A professionally written will reduces the risk of your will being challenged or rejected in court.

Ready to write your will?

Secure your family’s future and have peace of mind knowing your wishes will be honoured. Speak to our experienced will writing lawyers in Seremban at Chan & Chia today.
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