Will - What is will, the advantages and the validity of will

What is the Will?

Before a person die, he/she may wanted to give his/her intention to other peoples regarding what to do, how to distribute his property and who is going to be benefited by his/her estate after his/her demise.

Validity of the Will

In order to make the Will valid, the person who make will (Testator) must :-

a. More than 18 years old above - Wills Act Section 4
b. Be of sound mind - Wills Act Section 3
c. Must be in written form - Wills Act Section 5(1)
d. Must be sign by Testator - Wills Act Section 5(1)
e. Must be a non-Muslim - Wills Act Section 2(2)
f. Must have at least 2 witnesses present when Testator sign the Will - Wills Act Section 5(2)
g. Appoint at least one executor
h. Beneficiary cannot sign as attesting witness - Wills Act Section 9

Advantage of writing a Will

1. To make surviving family member easier
2. Faster and cheaper when trying to get the power to manage and dispose the property
3. Minimize the risk of forfeiture by Government
- money will go to wang menunggu dituntut (WMD) owned by Amanah Raya Berhad if no Will
- Property will go to State Authority if no Will - National Land Code Section 351 & 352
4. Can distribute the property freely, no need strictly according to Distribution Act
5. No need to give family member you don’t like
6. Can give property / money to Mistress and illegitimate children (son born out of wedlock)
7. To prevent family feud


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