Making a Will in Malaysia

Preparing a Will online does not mean you can complete it with an electronic signature. Malaysia's Electronic Commerce Act does not apply its rules for electronic documents to making Wills.

For NobleWills' online process, you receive a PDF to print and sign with witnesses, following the supplied instructions. If you are making a non-Muslim Will in Peninsular Malaysia, you still need to follow the legal signing requirements. Ask for guidance if you cannot sign in the usual way. Get separate advice on the rules for Sabah, Sarawak or Muslim Wills.

Sources: Electronic Commerce Act; NobleWills' PDF and signing instructions.

Yes, if you are making a non-Muslim Will in Peninsular Malaysia, the law does not require a lawyer to draft it. You still need to meet the legal requirements for making and signing a Will. Using a template alone does not make your Will valid.

If you are unsure how to express your wishes or whether the Will fits your situation, get advice before signing. Different rules may apply in Sabah, Sarawak, or to Muslim Wills, so check which law applies to you first.

Source: Wills Act 1959.

A non-Muslim Will made under the law for Peninsular Malaysia does not expire just because it is old. That does not mean an old Will still meets your needs or remains effective after every life event.

Review it when your wishes or circumstances change, and ask the person who prepared it whether anything has affected it. A review and a replacement Will are different steps. If you need changes, complete the required signing process. Check separately if Sabah, Sarawak, or Muslim law applies to you.

Source: Wills Act 1959.

You can change a signed Will, but editing an online account or writing notes on the document is not enough. For a non-Muslim Will in Peninsular Malaysia, you can prepare a replacement Will or a codicil, a separate document that changes your existing Will. The revised document must meet the signing and witnessing requirements.

Ask the person preparing your Will which option fits the changes you want. If you have more than one Will, have them checked together before replacing one. Different rules may apply in Sabah, Sarawak, or to Muslim Wills.

Source: Wills Act 1959.

For a non-Muslim Will in Peninsular Malaysia, marriage generally cancels an earlier Will. An exception can apply if the Will clearly states that it was made in anticipation of that particular marriage. Have the wording checked before relying on it.

Divorce does not automatically rewrite your Will or remove your former spouse from it. Review your Will when your relationship changes. Do not assume it now reflects your wishes. Get advice if a court order or settlement is involved, or if Sabah, Sarawak, or Muslim law applies to your circumstances.

Source: Wills Act 1959.