How it Works?

Step 1

Identify Yourself

• This is an official document hence you MUST identify and state your name as in your N.R.I.C. clearly;
• You are also to state your N.R.I.C. number or your Passport Number and the Country that issued the passport ( If you are a non Malaysian)

Step 2

Declaration

• Begin with a declaration of sound mind and revocation of all previous will made;
• It is the law that the last will made shall be the last valid will which will have the effect of revoking all previous will made unless otherwise expressed in respect of wills for properties in specified country;
• If you have made a will for properties outside Malaysia and do not wish to revoke that will in respect of properties outside Malaysia then you elect/choose to have this will confined to properties in Malaysia only.

Step 3

Identify and Choosing Your Executors/Trustee/Guardian

• Executor/Trustee – You need to choose someone whom you know and trust and of good reasonable character to be your executors/trustee to execute your will and administer your estate;
• If you have Beneficiaries below the age of 18 years old in Peninsula Malaysia and Sarawak and Beneficiaries below the age of 21 years old in Sabah, you will need to appoint 2 Executors/trustees to execute your will and administer your estate;
• Guardian – A Guardian is someone whom you can entrust to care for and look after the welfare of your child or children;
• Guardian - You will need to appoint a Guardian in the event that your spouse predecease you or do not survive you for more than 30 days and the Guardian appointed shall have the legal status and locus standi to stand in your shoes in making all major decisions in respect of education, health care and application of all legal documents including but not limited to travelling documents;

Step 4

Identify Your Beneficiaries

• Before you identify your Beneficiaries it is pertinent to bring to your attention that the courts have the power under the Inheritance (Family Provision) Act 1971 to make reasonable provisions for:
  • a) your spouse
  • b) an unmarried daughter
  • c) an infant son
  • d) a child incapable of maintaining themselves due to a mental or physical disability
• Provided that in the court’s opinion your estate does not make reasonable provision for the maintenance of that dependent.
• When deciding such an application, the court will have regard to all circumstances including size of the estate, the interest of the named beneficiaries, the assets and income of the dependant and the conduct of the dependant to the deceased.
• It is important to make provisions for those dependent on you, example, your spouse, children and parents.
• You may have as many beneficiaries as you wish as there is no law limiting the number of beneficiaries and in Thywillbedone, you will be guided and prompted to fill in the percentage of the gift to the respective beneficiaries.
• Remember that none of the beneficiaries and their spouse can be your witness to your will.

Step 5

Identify Your Witnesses or leave the Witnesses names blank

• There must be at least 2 witnesses to you will and if you have identified them, you will have to fill in their personal particulars;
• If you are undecided who should be your witnesses, you may choose to leave their names blank and fill it in Hand writing when the time comes;
• Can your Executor/Trustee be your witnesses? Can Yes, Section 11 of the Wills Act 1959 expressly allows an Executor to be a witness to the signature of the Testator of the Will;
• Your Beneficiaries and their spouse cannot be named as one of your witnesses.
• It is very important to view the animated video clips to see how a will can be legally witnessed.

Step 6

Review the Will online and Make the necessary changes if required

It is important to review the completed will online and check on the spelling of the names and the N.R.I.C. numbers and the addresses carefully before printing it or saving it.

Step 7

Print, Save or Email the Will for printing and Execution before Witnesses

Upon checking and confirming all the details in your will , you may print it out immediately or if you do not have a printer at that time, save it in a thumb drive or email the will document file to your email address to enable you to print the will out.