Lee Swee Seng - Advocates And Solicitors

Wills and Estate Administration

What is the effect of not having a valid will?

Who should I name as Executor/Executrixes of my will?

Can I later alter or change my will?

Can nominations under the EPF or insurance policies be revoked by a will or codicil?

Any person who has attained the age of majority (In Malaysia, it's 18), of sound mind and has personal assets he/she wishes to dispose of after his/her death. A person who makes a will is referred to as the testator in the will.

What would constitute a will?

A valid will has to be in writing and executed in the manner provided for under the Wills Act, 1959 except for privileges wills of soldiers, airmen and sailors for whom informal directions even in a letter or by word of mouth will suffice. All wills must be clear and identifies the testator, executor(s) or executrix(es), various types of property and the beneficiaries. The testator has to sign or place his thumbprint at the foot or end of the will and the signing has to be witnessed by 2 competent witnesses (these witnesses cannot benefit from the will). If the testator is blind or illiterate or is incapable of understanding the will, the will must be read over and explained to him/her before he/she signs or places his/her thumbprint on the will. Anything added after the signature of the testator shall invalid the will.

What is the effect of not having a valid will?

When a deceased does not have a valid will, it would be a case of intestacy. The estate shall vest in the official administrator. The administrator has to obtain a grant of Letter of Administration from the High Court in order to act on the behalf of the estate. Without the grant, the administrator has no authority to act on behalf of the estate. The distribution of the estate would be governed by the Distribution (Amendment) Act 1997 or if the deceased is a Muslim, the distribution would be governed by Islamic law.

Who should I name as Executor/Executrixes of my will?

The role of Executor or Executix is to act on behalf of the estate of the deceased and to dispose of the personal assets of the deceased in accordance to the will. He or she should be someone who is trust-worthy and responsible. In many cases, it is usually a family member of the deceased. He or she can also be one of the beneficiaries under the will.

Can I later alter or change my will?

After the will is signed, any alterations or amendments can be made by way of codicil. The codicil will become part of the will and the formalities required are similar as making a valid will. Alternatively, a person can make another will to revoke his previous will. In such a case, the revocation clause must be added at the beginning of the will.

Can nominations under the EPF or insurance policies be revoked by a will or codicil?

No. Revocation in such cases can only be done by filling in the prescribed forms under the relevant act. The money under the EPF or the proceeds under the insurance policies will not form part of the estate. However, if the insurance policy is taken out by the deceased for his/her own benefit, the proceeds will form part of the estate.