Below is the Product Disclosure Sheet of our Online Will product. Please read carefully and if necessary consult independent legal advice prior to the use.
Product Disclosure Sheet of SmartWills Online Will Writing Service
Customers are advised to read this Product Disclosure Sheet (“PDS”) before taking up the Online Will Writing Service (“Service”). Please also read the Terms & Conditions of our Online Will Writing Service.
1. Who is offering this Service?
The Online Will Writing Service (“Service”) is provided by My Smartwills Sdn Bhd [SSM No. 202101002960 / 1403258-M] (“MSSB”).
2. What is this Service about?
You can write an online Will by accessing our Website at www.smartwills.com.my and following the instructions online. Upon completion and making payment online, the Will hard copy will be made ready by MSSB and courier to you for signing.
3. What is a Will?
A Will is simply defined as a legally binding document whereby an individual is able to state his wishes as to the distribution of his assets after his lifetime. It will supersede the Distribution Act 1958 where you can control your distribution to your loved ones.
4. Can I write a Will?
Any Non-Muslim who is:
- Of Sound mind;
- A Malaysian Citizen;
- 18 years and above in Peninsular Malaysia and Sarawak and 21 years and above in Sabah; and
- Able to understand the nature and purpose of making a Will may write a Will.
5. What are the fees and charges that I have to pay for the Service?
A one-time fee, as stated in our Website, depending on the Package you have selected and subscribed to, is payable for each Will. All fees specified NOT include any government taxes, including but not limited to the Sales and Services Tax (SST), which will be charged separately (“Fee and Charges”).
6. What are my duties?
6.1 You must read, understand and strictly follow all necessary instructions in our Website and pay the Fee and Charges.
6.2 You must ensure all information provided and entered is correct, clear and comprehensive.
6.3 Please be reminded your Will must be made according to the Wills Act 1959.
6.4 If you are not clear with the terms and conditions, you are advised to seek separate legal advice on the matters relating to your Will.
7. What happens if I fail to fulfil my duties?
We may not be able to process your subscription or your Will may be rendered invalid under the law.
8. What are the major risks?
The risks associated with any online transactions apply. Your Will may be rendered invalid under the law if you are unable to comply with the Terms and Conditions.
9. What are the risks inherent in writing a Will?
9.1 A will does not supersede an earlier nomination, i.e Insurance, Employee Provident Fund (EPF) if any.
9.2 If your named beneficiary in the Will is below the age of 18 years old at the time of your deceased, his/her share will be held in trust by the appointed guardian for administration until he/she reaches 18 years of age.
10. How do I subscribe to the Service?
10.1 You must have a valid username and password to our Website.
10.2 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.
10.3 Login to our Website
10.4 Click on ‘Start Online Will Writing’.
10.5 You must read, understand and agree to the Product Disclosure Sheet, the Terms and
Conditions and consent to Disclosure before continuing.
10.6 Select ‘Continue’ and follow the instructions displayed to complete the submission.
11. Who can be my Executor?
Anyone who is 18 years old and above, of sound mind, consents to such an appointment and is able to administer your estate.
12. How many Executor(s) do I need?
You need one (1) executor. However, you must appoint at least two (2) executors if a beneficiary is below 18 years of age.
13. Who can be my witness?
Anyone who is 18 years old and above and is not named as a beneficiary / heir in your Will.
14. How does the Will provide for distribution of assets?
The Service only allows you to distribute your assets in percentage (%) proportion.
15. What is meant by “Last Will & Testament”?
The Will you receive when duly signed and witnessed will automatically revoke any previous Will that you have written and will be considered as your last Will unless revoked by a subsequent Will.
16. Can I rewrite my Will? How much does it cost?
No. You can not rewrite your Will at any time ONCE it is finalised, should you think necessary i.e change of beneficiary or change of distribution by re-apply online as a fresh application.
17. Can I cancel my subscription?
You can cancel your subscription at any time before payment is made. If payment has been made, no refund is allowed.
18. What do I need to do if there are changes to my contact details?
Please inform MSSB of any change to your contact details. To update your contact details, you may visit our Website for assistance.
19. When can I receive the electronic copy or printed copy of my online Will?
MSSB will make available the electronic copy of the Will (in PDF format) as an email attachment to your email address as provided by you within 24 hours, or delivery of printed copy as per our add-on premium service to your postal address within five (5) working days, from you having provided complete and accurate information and received the payment confirmation notification of the Fees to our payment gateway.
20. Where can I get assistance and further information?
Please visit our website at www.smartwills.com.my for any phone or email or online assistance should you need further clarification on your Will or have specific requirements:
My Smartwills Sdn Bhd (1403258-M)
Address: 116-1, Jalan Rimbunan Raya, Laman Rimbunan, Kepong, 52100 Kuala Lumpur
Tel (Customer Care): 1700819942
* The information provided in this disclosure sheet is valid as at 22 Feb 2022.