FAQ - Will Writing
A Will is a legal document that states how you want your assets, property, and belongings to be distributed after his/her death, ensuring your loved ones are cared for and your wishes are respected.
The estate of the deceased will be frozen, the immediate family needs to apply for a (LA) Letter of Administration to unlock the deceased’s estate before able to transfer it to his/her family members, the legal beneficiaries.
This often leads to delays, additional legal costs, and the possibility that your loved ones may receive less than you intended—or even be left out entirely. Without clear instructions, your family could face unnecessary stress, disputes, and financial hardship during an already difficult time.
No. A Will is for everyone—whether you own a house, have savings, or simply want to pass down personal items. Even “small” estates can cause big conflicts without a Will.
Yes, you can write your own Will. However, it is highly recommended to engage a professional Will writing service or legal advisor to ensure that your Will is clearly written, legally valid, and free from errors that could lead to disputes, delays, or complications during the estate distribution process.
Equally important is appointing the right executor. Naming a family member or friend may seem convenient, but it comes with uncertainties—they may lack the time, experience, or legal knowledge to manage your estate effectively. This can result in administrative delays or even costly mistakes. A professional trustee company offers expertise, impartiality, and a structured process, ensuring your wishes are carried out efficiently and your loved ones are protected from unnecessary stress.
You should review and update your Will whenever there are major life changes—such as marriage, divorce, birth of a child, or acquiring significant assets.
Yes. You can update it anytime. Life changes, and your Will should reflect those changes.
Yes. Life is uncertain, and having a Will ensures your loved ones are cared for and your wishes are honoured—no matter what happens. In Malaysia, you can write a Will at 18. In Singapore, the legal age is 21, who is of sound mind can write a Will. It’s never too early to take this important step to protect your future and give peace of mind to those you love.
In general, having a Will in place allows the estate administration process in Malaysia to be completed within 6 to 12 months, giving your loved one’s quicker access to assets with far fewer complications.
Without a Will, however, the process can stretch from 1 to 5 years or more, as the family must apply for Letters of Administration and navigate complex procedures. This often causes unnecessary delays, higher costs, and sometimes disputes among family members.
Writing a Will is a simple yet powerful way to avoid these burdens, ensuring your wishes are respected and your loved ones are protected without prolonged hardship.
It is one of the vital clauses in a will. Any asset which the testator has forgotten to will away will automatically fall under the residuary clause. With a residuary clause, there is no partial intestacy of a Will.
If your Will doesn’t say what should happen to any leftover assets not mentioned in it, those assets will be distributed according to intestacy laws. This is called partial intestacy.
In simple terms, part of your estate will be handled as if you had no Will, which can cause delays, extra costs, and may result in the wrong people receiving your assets. Adding a residuary estate clause makes sure all your assets, even those you might forget to list, go where you want them to. Without residuary clause, your will may not be able to execute smoothly.
No. A beneficiary or his/her spouse must not be a witness. If he/she does, then he/she will lose his/her share in the Will. However, this will not affect the validity of the Will.
Yes, she will. A divorce does not render a Will null or void.
If you’re single and have written a Will, it will automatically become invalid once you get married—unless your Will clearly states that it was made in anticipation of marrying a specific person. In such cases, the Will remains valid after the marriage, but only if you marry the person named in the Will.
To avoid your Will being revoked, it’s important to include this intention when preparing it.
If you have no Will, the court will decide who takes care of your children and manages their inheritance. By writing a Will, you choose their guardians and ensure their financial future is secured
No. Your beneficiary in the Will will not be able to revoke your earlier nomination in the KWSP account. Under the KWSP Act, all beneficiaries for the money in the KWSP account must be mentioned in the prescribed forms provided by KWSP.
Yes, a Will cannot revoke any insurance policy with a nomination made under Sec 166 Insurance Act 1996 only the nomination of a spouse and / or children is allowed.
However, the nomination of parent(s) as a beneficiary is allowed on the condition that the policy holder is not married at the timing of making such a nomination. Any nomination other than these nomination under sec 166 Insurance Act 1996 receives the money as an executor unless the benefit of the policy has been assigned to him/her.
Yes, but it must be carefully worded. Some dependents (like spouses, children, or parents) may still have legal rights to claim, depending on the law.
Yes. You may include instructions about funeral arrangements, burial, or memorial preferences. Some clients also write these in a separate letter for quick access.
Your Will should be stored in a safe yet accessible location.
Many individuals choose professional Will custodians or licensed trustee companies to ensure it is securely protected—typically in facilities that are fireproof and flood-resistant. As only the original Will can be used for probate application, proper custody is essential to avoid delays or complications in executing your estate.
The cost depends on the complexity of your estate. Simple Wills are affordable.
The cost of writing a Will is relatively small compared to the potential expenses and stress your family may face without one. If you pass away intestate, disputes, delays, and legal battles can cost many times more than preparing a proper Will. Think of it not as an expense, but as an investment in peace of mind—a small step today that saves your loved ones from financial and emotional hardship in the future.