A Will is a legally binding document in which an individual states his or her wishes regarding the distribution of their estate after their passing.

According to the Malaysia Will Act of 1959, a Will is considered legally binding if it meets the following criteria:

• The testator (the person making the Will) must be at least 18 years old when writing the Will.
• The testator must be of sound mind at the time of writing the Will.
• The Will must be in written format and has the signature of the testator.
• While a Will can be written in any language, English is preferred.
• The Will must be signed by two witnesses, and both the testator and the witnesses must sign the Will simultaneously.

No. A legally binding Will does not require stamping at the LHDN office.

In Malaysia, a non-Muslim Will is governed by the Wills Act 1959 while a Muslim Will is governed by the Shariah Law.

You should make a Will for the following reasons:

• There isn’t a centralized system for your beneficiaries to verify individual estates.
• Without a Will, there’s no legal assurance that your estate will automatically be transferred to your beneficiaries.

Regardless of the size or value of your assets, they hold significance for your loved ones, especially those who depend on you. Creating a Will is about leaving a legacy of love and ensuring the protection of the treasures you’ve accumulated. Furthermore, as the years go by, your assets may increase in value. A Will can encompass assets acquired or inherited in the future, eliminating the need for revisions unless you choose to make them.

Life is unpredictable; what we take for granted today might change tomorrow. Once you’ve reached the age of eighteen, it’s prudent to consider writing a Will. Doing so ensures that your loved ones can inherit your assets without unnecessary delays or complications.

While a Will is not legally mandatory, it is essential for you to:

• Distribute your assets according to your wishes and not be dictated by the Distribution Act 1958.
• Decide on the Executor(s) for your Will.
• Appoint a Guardian for your children if they are below 18 years old.
• Avoid any hassle or delay in the court procedures for the distribution of your estates.
• Minimize potential family conflicts over inheritance.

In Malaysia, the law does not mandate that a Will must be prepared by a lawyer. As long as the Will is in written form and meets the requirements of the relevant laws, it is considered valid and legitimate.

Assets encompass more than just tangible items like houses, shops, lands (i.e., properties), jewelry, and motor vehicles. They also include cash in banks, cash on hand, investments, EPF savings, insurance policies, copyrights, trademarks, shareholdings, and even digital assets like Bitcoins and domain names. A Will allows you to specify how you want these physical and intangible assets distributed. Additionally, in a Will, you can designate guardians for your minor children and identify your beneficiaries.

In summary, if you pass away without a Will, the distribution of your assets (regardless of their quantity or form) and the future welfare of your children or beneficiaries will be determined by the Court in accordance with the Distribution Act.

In legal terms, when a person dies without a Will, they are said to have died “intestate.” In such cases, their assets are distributed according to the Distribution Act 1958 (For non-muslim in West Malaysia). Your family might not be aware of all the assets you own. As a result, your assets may not be passed on to your desired beneficiaries or may not be distributed in the manner or proportion you intended. Therefore, it’s crucial to draft a Will.

Any person who meets the following criteria is eligible to draft a Will:

• Aged 18 years old and above
• Sound minded
• Can be a Malaysian with assets in Malaysia and/or abroad, or a foreigner (non-Malaysian) with assets in Malaysia.

According to the Wills Act 1959, anyone above the age of 18 who is of sound mind and not bankrupt is eligible to become an executor of a Will. You can amend or change the executor at any time before your death. The beneficiary of your Will can also serve as the executor. Before appointing an executor, you should obtain their consent to prevent any potential refusal or disputes later on.

The executor of your Will serves as a trustee, safeguarding your assets until they can be distributed to the beneficiaries. Should there be any reasonable expenses during the Will’s execution, the executor can claim them under The Trustee Act. While a single executor is typically sufficient for your Will, you should appoint at least two (2) executors if any beneficiary is under 18 years old.

The executor’s responsibilities in your Will include the following:

• Locate the original Will.
• Apply for a Grant of Probate and execute the distribution of assets thereafter.
• Gather all the assets.
• Pay all outstanding debts and taxes.
• Distribute the assets according to the Will’s instructions to the beneficiaries.

Please read the details of the Will Execution page on our website.

According to the Guardianship of Infants Act 1961, upon the death of one parent of a child, the surviving parent, if any, shall automatically become the guardian of the child below the age of 18. Hence, there’s no need to appoint your spouse as the guardian of your child in your Will.

Anyone can be appointed as the guardian of your infant child, provided they meet the following criteria:

• Aged 18 and above
• Sound-minded
• Capable of caring for a child below the age of 21
• Able to provide for the basic needs of a child below the age of 21
• Once the child reaches the age of 21 years, the guardianship is automatically terminated.

In essence, you can designate ANYONE to be the beneficiary of your Will, including:

• Individuals regardless of their relationship to you
• The Executor of your Will
• A mentally disabled person (an appointed Guardian or an Attorney is required)
• Children below the age of 18 years (an appointed Guardian is required)

However, there are exceptions:

• Individuals with active bankruptcy status
• Witnesses to your Will
• Immediate family members of the Witness

Should this occur, the execution process of the Will may take longer than anticipated. Depending on the circumstances:

1. a) If the beneficiary does not survive for 7 days after the Will maker’s death – their designated portion will be equally divided among the other beneficiary(ies). If no other beneficiaries are present, the assets will be considered as residuary assets.

2. b) If the beneficiary survives for more than 7 days after the Will maker’s death – the beneficiary will still inherit their designated portion, and the assets will be distributed according to the beneficiary’s own Will. If the beneficiary did not have a Will, the assets will be distributed according to the Distribution Act 1959.

The witness to your Will must meet the following criteria:

• He/she is not a beneficiary.
• He/she is not an immediate family member of the beneficiary.
• He/she must be aged 18 years old or above.
• He/she must be of sound mind.
• He/she is a third party to the testator (for example: friends, Will Writer).

The responsibilities of a Witness to a Will are:

• To ensure the Testator is of sound mind when writing the Will.
• To ensure the Testator signs the Will himself/herself, places a thumbprint, or instructs another person to sign on their behalf.
• To ensure the Testator signs every page and provides detailed information on the last page of the Will.
• The Witness does not need to know or understand the contents of the Will.

Yes, you can revoke your Will at any time. A Will will be revoked automatically under the following conditions:

• when you write a new Will.
• when you get married or remarried.
• when the original Will is destroyed.
• When you voluntarily revoke the Will in writing, witnessed by 2 individuals.

Note: If you get divorced but do not remarry, your Will remains effective and un-revoked.

When duly signed and witnessed, the Will you receive will automatically revoke any previous Wills you have written. It will be regarded as your “Last Will,” unless subsequently revoked by another Will.

Yes, you can if you wish. However, if you make a mistake or omit something crucial, your Will might become invalid. Especially when there are multiple beneficiaries and assets, the content and execution procedure of the Will can be complex. A DIY Will might not legally reflect your wishes. Thus, it’s highly recommended to consult a professional Will Writing company or utilize a reputable online Will writing platform like SmartWills to ensure your Will is valid and legitimate.

Yes, they can. That’s why it’s essential to make sure your Will is valid and aligns with the Laws of Malaysia.

A Will doesn’t override prior nominations in your insurance policies or Employee Provident Fund (EPF). If a beneficiary named in your Will is under 18 at the time of your passing, their share will be managed by the appointed guardian until they reach 18.

You can swiftly and conveniently draft a Will by accessing the “Online Will Writing” link on the SmartWills website at www.smartwills.com.my and following the straightforward online guidelines.

Decide how you want your estates distributed to your beneficiaries by selecting your preferred package. After entering and confirming all necessary personal data, our system will validate it. You can then choose to print it yourself or opt for SmartWills Premium Printing Service. After completing online payment (via Online Banking, Credit Card, or E-Wallet), you’ll receive a softcopy of a password-protected Will document in PDF format via email. Alternatively, a printed hard copy prepared by SmartWills can be couriered to your address.

This service is provided by SmartWills, an online platform owned and operated by My SmartWills Sdn Bhd.

Our online Will is a legally binding document. It is specially prepared and drafted by our Panel Lawyers and reviewed by our in-house Legal Advisor.

Any non-Muslim who is of sound mind and is either a Malaysia Citizen, aged 18 and above in Peninsular Malaysia and Sarawak, and 21 years and above in Sabah, or a non-Muslim foreigner (non-Malaysian) with assets in Malaysia can use our online service to legitimately draft a Will in Malaysia, provided they understand the nature and purpose of creating a Will.

You only need to pay a one-time package fee for each Will you draft using our Service, as outlined on the Pricing page of our website. The listed package fees do NOT include any government taxes (including, but not limited to, SST) which will be charged separately (Fees and Charges).

1. You must read, understand, and strictly follow all necessary instructions on SmartWills and pay the Fees and Charges.
2. You must ensure that all information provided and entered is accurate, clear, and comprehensive.
3. Please remember that your Will must be drafted in accordance with the Wills Act 1959 (or the Wills Ordinance Sabah Cap. 158)..
4. If you are unclear about the terms and conditions, you are advised to seek independent legal advice on matters relating to your Will.

We might be unable to process your subscription, or your Will could be deemed invalid under the pertinent Malaysian laws.

The risks associated with SmartWills online transactions apply. Your Will may be rendered invalid under the applicable law if you are unable to comply with the Terms and Conditions, prior to proceeding with the Online Will Writing service.

1. You must have a valid SmartWills username and password upon a successful registration (and registration is free).
2. You must have available all relevant documents such as heir(s)/beneficiary(ies) full name and NRIC/Passport number, executors’ full name and NRIC/Passport number, etc.
3. Login to www.smartwills.com.my
4. Click ‘Online Will Writing’.
5. You must read, understand and agree to the Terms and Conditions and consent to Disclosure before continuing.
6. Select ‘Will’.
7. Follow the instructions displayed.

Our SmartWills service allows you to distribute your assets only in percentage [%] proportions. If you wish to list all your assets, provide specific distributions, or have other requirements, please contact our Online Chat Support or e-mail support@smartwills.com.my for assistance.

You can rewrite your Will whenever you find it necessary, such as a change in beneficiaries or distribution. To do so, you must reapply online as a new application. You will be charged the same package fee for every rewrite, as each is considered a new Will writing request.

For any assistance with your rewrite request, please contact our Online Chat Support or e-mail support@smartwills.com.my. All fees specified do NOT include government taxes (including, but not limited to SST), which will be itemized separately on the invoice.

Yes. You can cancel your subscription at any time before payment is made. If payment has been made, no refund is allowed.

If there are changes to your contact details, please notify us promptly. You can update your contact details via your SmartWills online account, or you can email support@smartwills.com.my for assistance.

SmartWills provides an option for you to review or amend (up to one time, subject to applicable terms & conditions) your Will within 3 days after making payment. After the 3-day review and amendment period, we will proceed with printing and deliver the hard copy to your postal address within the next five (5) working days. You can check the status of printing and courier delivery through our SmartClient portal by logging in with your email address. For any assistance, please contact our online support or email support@smartwills.com.my.

You can always visit our Online Chat Support at our website www.smartwills.com.my or email us at support@smartwills.com.my.

-Trusted: Our online will is drafted by a qualified lawyer, and its contents are regularly reviewed and updated.

-Fast: You can get your Will completed quickly, within just a matter of hours.

-Easy: This service is suitable for those too busy to visit the nearest Will Making agency; you can create your Will anytime and anywhere.

-User-friendly: The user interface (UI) and user experience (UX) of our online service are exceptionally user-friendly, requiring fewer than 5 steps to finalize a Will.

Before you proceed to use our online service, it is crucial for us to ensure that you are eligible to use our service under the applicable law in Malaysia. Please confirm the following:-

For SmartWills Plans

• I am a Malaysian;
• I am 18 years old and above (for Peninsular Malaysia and Sarawak) and 21 years old and above (for Sabah);
• I am not a Muslim;
• I am of sound mind;
• I am able to read and write;
• I understand that by completing and executing this Will, this Will shall be my Last Will and Testament which will effectively revoke all my previous wills.
• I have read Terms and Conditions herein and fully understand and agree with the said Terms and Conditions.

For SmartWills Plus Plans

• I am a Non-Malaysian;
• I am 18 years old and above;
• I am not a Muslim;
• I am of sound mind;
• I am able to read and write;
• I understand that by completing and executing this Will, this Will shall be my Last Will and Testament which will effectively revoke all my previous wills.
• I have read Terms and Conditions herein and fully understand and agree with the said Terms and Conditions.