Frequently
Asked Question
What is a Will?
A Will is a legally binding document stating how a person wants their estate distributed after death.
What makes a Will legally binding?
The Will maker must meet the required age, be of sound mind, prepare the Will in writing, sign it, and execute it together with two witnesses.
Does a Will require LHDN stamping?
No. A valid Will does not need to be stamped by LHDN.
Which law governs Wills in Malaysia?
Non-Muslim Wills are generally governed by the Wills Act 1959, while Muslim estate planning falls under Shariah law.
Why should I make a Will?
A Will gives beneficiaries clearer information about your estate and helps ensure assets are transferred according to your instructions.
Do I need a Will if I have few assets?
Yes. Even a small estate may be important to your family, and a Will can also cover future assets.
Am I too young to write a Will in my 30s or 40s?
No. Once legally eligible, preparing a Will can help loved ones avoid unnecessary delays and complications.
Is writing a Will compulsory?
It is not legally compulsory, but it allows you to choose beneficiaries, executors and guardians while reducing possible disputes and administrative delays.
Do I need a lawyer to prepare a Will?
Malaysian law does not require a Will to be drafted by a lawyer, provided it satisfies the applicable legal requirements.
What assets can be included in a Will?
Assets may include property, vehicles, jewellery, cash, investments, EPF savings, insurance-related interests, shares, intellectual property and digital assets.
What happens if I die without a Will?
You will be considered to have died intestate, and your estate will generally be distributed according to the applicable distribution laws rather than your personal wishes.
Who is eligible to make a Will?
The person must meet the applicable minimum age, be of sound mind, and may be a Malaysian or an eligible foreigner with Malaysian assets.
Who can be appointed as an Executor?
An executor should generally be at least 18, mentally capable and not bankrupt. A beneficiary may also act as executor.
What does an Executor do?
The executor locates the original Will, applies for probate, gathers assets, settles debts and taxes, and distributes the estate according to the Will.
How is a Will executed?
The Will must be signed and witnessed correctly. SmartWills directs users to its separate Will Execution guide for detailed instructions.
Who can be appointed as Guardian?
A suitable adult aged 21 or above who is capable of caring for and supporting a child under 18 may be appointed.
Who can be a beneficiary?
A beneficiary may generally be any person, including a child or person with disabilities, provided suitable guardianship or representation arrangements are made.
Who should not be a beneficiary?
The page identifies bankrupt individuals, Will witnesses and immediate family members of witnesses as exceptions or restricted categories.
What happens if a beneficiary dies during the estate administration process?
The outcome depends on whether the beneficiary survives the Will maker by the stated survivorship period and whether substitute or remaining beneficiaries exist.
Who can witness a Will?
A witness should be at least 18, of sound mind, independent of the Will maker, and not a beneficiary or an immediate family member of a beneficiary.
What are the responsibilities of a witness?
The witness confirms the Will maker's mental capacity and observes the proper signing of the Will. The witness does not need to know the Will's contents.
Should overseas assets be included?
They may be listed in a Malaysian Will, but the page also recommends preparing a separate Will in the relevant foreign jurisdiction because laws differ between countries.
Can I revoke my Will?
Yes. A Will may be revoked by creating a new Will, intentionally destroying it, issuing a witnessed written revocation, or in certain circumstances such as marriage or remarriage.
Does divorce automatically revoke a Will?
According to the FAQ, divorce without remarriage does not automatically revoke the Will.
What does "Last Will and Testament" mean?
A properly signed and witnessed Will generally replaces earlier Wills and remains the person's latest Will until another valid Will revokes it.
Can I write my own Will?
Yes, but mistakes, missing clauses or incorrect execution may cause problems. The page recommends professional assistance or a reputable Will-writing platform.
Can someone challenge my Will?
Yes. A Will may be challenged, which is why validity and compliance with Malaysian law are important.
Are there risks when writing a Will?
A Will may not override certain existing nominations, such as insurance or EPF nominations. Assets left to minors may also need to be managed by an appointed guardian or trustee.
Can a SmartWriter act as my witness?
Yes, subject to availability and a possible witness fee of up to RM100 per witness for each Will.
What is SmartWills online Will writing?
It is an online process that allows users to select a package, enter their information, arrange asset distribution and receive a password-protected PDF Will.
Can SmartWills provide a printed Will?
Yes. Customers may print the document themselves or add the Premium Printing Service for delivery of a printed copy.
Which company operates SmartWills?
The platform is owned and operated by MY SMARTWILLS SDN BHD.
Is the SmartWills online Will valid?
SmartWills states that its online Will was prepared by panel lawyers and reviewed by its in-house legal adviser.
Who can use the SmartWills online service?
Eligible non-Muslims who meet the applicable age and capacity requirements may use it. Foreigners may use the service for qualifying Malaysian assets.
What fees are charged?
Customers pay the selected package fee, while government taxes such as SST may be charged separately.
What are customers responsible for?
Customers must follow the instructions, provide accurate and complete information, pay the required fees and ensure the Will complies with applicable law.
What happens if the customer does not follow the requirements?
SmartWills may be unable to process the application, or the Will may risk being considered invalid.
Are there risks when using the online service?
A Will may be invalid if the user fails to comply with the platform's terms, instructions or applicable legal requirements.
How do I subscribe to SmartWills?
Register an account, prepare the beneficiaries', executors' and guardians' information, log in, select Online Will Writing, accept the terms, choose a plan and follow the instructions.
How does SmartWills distribute assets?
The FAQ states that percentage-based distribution is available and users with specific or more detailed distribution requirements should contact SmartWills support.
Can I rewrite my Will?
Yes. A rewrite is treated as a new Will application and may require payment of the applicable package fee again.
Can I cancel my subscription?
Cancellation is allowed before payment. The FAQ states that payments already made are non-refundable.
How do I update my contact details?
Details can be updated through the SmartWills account or by contacting customer support.
When will I receive the printed Will?
The FAQ provides a one-day review and minor-amendment period after payment. Premium printed copies are then targeted for delivery within the following five working days.
Where can I get assistance?
Support is available through the website's online chat or the SmartWills support email.
Why choose SmartWills?
The service is positioned as trusted, fast, convenient and user-friendly, allowing customers to prepare a Will remotely.
Who qualifies for SmartWills Plans?
The FAQ lists Malaysian, non-Muslim users who meet the applicable age, mental-capacity and literacy requirements.
Who qualifies for SmartWills Plus Plans?
The FAQ lists eligible non-Malaysians who are at least 18, non-Muslim, mentally capable and able to read and write.
How are customer information and payments protected?
SmartWills states that information is hosted on AWS Singapore, transmitted using encryption and protected by access restrictions, MFA, monitoring and secure password storage. Payments are processed through HitPay, which it describes as PCI-DSS compliant.
What is a Grant of Probate?
A Grant of Probate is a document issued by the High Court to appoint executor(s) to manage and distribute the Deceased’s estate according to the Will.
Why do I need a Grant of Probate?
It is the simplest and quickest way to legally access and transfer the Deceased’s assets for example property(s), bank funds, unit trusts, shares, and insurance claims. Without it, institutions will not release the assets.
What is the difference between a Grant of Probate and Letters of Administration?
- Grant of Probate: Deceased left a Will, and executor(s) are named.
- Letters of Administration: Deceased did not leave a Will (intestate), or the Will is invalid, or there are no named executors.
Who can apply for a Grant of Probate?
Only the executor(s) named in the Will can apply. If more than one executor is named, they must apply jointly.
Can a Will be challenged after the Grant of Probate is issued?
Yes, but it becomes significantly harder once probate is granted. Disputes should ideally be raised before the grant is issued.
What documents are needed to apply for Grant of Probate?
- Original death certificate
- Original Will
- NRIC of Deceased, Executor(s), and Beneficiaries
- List of assets & liabilities
- Supporting documents (property titles and/or details, bank statements, EPF/insurance policies, car ownership, etc.)
What happens if the original Will is lost?
You must apply for a Grant of Probate with a copy of the Will, but you’ll need to prove its validity. The court may require affidavits from witnesses or other evidence such as statutory declaration.
Does the Will have to be in English or Malay?
Yes. If the Will is in another language, a certified translation must be provided for the probate process.
Do all assets need to be listed in the application?
Yes. A complete list of assets is required for court filing and estate valuation purposes. Any missed assets can delay the process and you may need to apply application to amend the said list once the Grant of Probate is issued.
How does SmartWills assist in the probate process?
We digitize and manage the entire process, from documents collection to court submission through our legal partners. You get transparency, guidance, and support every step of the way.
How do I start the process with SmartWills?
You can start online via the SmartWills portal or contact us via WhatsApp or call.
Will I be meeting a lawyer in person?
Not necessarily at the beginning (ie. Documents collection). If there’s no disputes, you will only need to attend to our representatives once for signing of the cause papers and attending the court Hearing once the Hearing date is fixed. SmartWills offers a fully digital experience, but in some complex cases, an in-person meeting with our legal partners and/or Commissioner For Oaths may be arranged.
How does SmartWills ensure the Will is valid?
We make sure the Will was drafted correctly, and complies with the Wills Act 1959.
Can I track my probate application progress online?
Yes. SmartWills’ clients get access to a portal or regular email updates on each stage: document review, affidavit preparation, court filing, and issuance of the sealed Grant of Probate.
How much does it cost to get a Grant of Probate via SmartWills?
Fees depend on estate complexity but are generally transparently priced. Large estates or contested wills may cost more.
Are there any hidden fees?
No. All fees are disclosed upfront upon documentations perused by our representatives. Additional services (e.g., trust establishment, land transfer) will be quoted separately (if necessary)
Are court filing and affirmation fees included in Smartwills’ price?
Yes. Court disbursements are included unless stated otherwise.
How long does the entire process take?
- Simple estate with all documents: 3–6 months
- Complex or contested cases: 6–12 months or longer Delays may happen due to court backlog, asset verification, or disputes.
Is there any estate tax or inheritance tax in Malaysia?
No. Malaysia abolished inheritance tax in 1991. But stamp duties, legal fees, and real property gains tax (RPGT) may still apply during asset transfers.
What happens if the executor named in the Will refuses to act?
That executor can renounce their role. The secondary executor or beneficiary (if there’s no secondary executor named) may then apply for “Letter of Administration with Will Annexed.”
What if one executor is overseas or cannot be found?
You may proceed with the remaining and/or secondary executor(s), and apply to the court to dispense with consent of the missing one.
Can an executor also be a beneficiary?
Yes. This is very common. Many Wills name a spouse or child as both executor and beneficiary.
What if there are debts in the estate?
Debts must be settled before distribution. It is the duty of Executor to pay off the Deceased’s liabilities before distributing the assets.
an the executor charge a fee?
Yes, but only if stated in the Will or approved by the beneficiaries.
What if a beneficiary cannot be located?
The executor must make reasonable efforts to find them. If they cannot be found, funds may be held in trust or paid into court.
Can probate be rejected by the court?
Yes, if documents are incomplete, the Will is invalid, or there is someone challenging the Will. SmartWills ensures documents are in order to minimize this risk.
What happens if the Will is challenged?
The probate process is paused until the dispute is resolved in court. SmartWills can refer you to expert estate litigation lawyers.
What if the deceased had foreign assets?
You may need to reseal the probate in that jurisdiction. SmartWills can coordinate with overseas legal partners if required.
Can we apply for probate if the deceased passed away overseas?
Yes. As long as the Deceased owned assets in Malaysia and had a valid Will, SmartWills can assist.
Can we apply if the Will was made overseas?
Yes, but we must verify it complies with Malaysian probate standards. A certified translation may be needed.
What happens after the Grant of Probate is issued?
Once a GOP has been issued, the Executor can distribute the estate according to the Will, and following all due legal process.
Does SmartWills help with transferring assets (e.g., land)?
Yes. We offer post-probate services by our legal partners.
Can SmartWills help with trust distribution if there is a testamentary trust?
Not at the moment.
What if a beneficiary is underage?
Their share will be held in trust by the Executor and/or Trustee until they reach majority age or above (depends on the instructions of the Will).
Is SmartWills a legal firm?
No. SmartWills is a digital estate planning platform and we work together with licensed legal practitioners.
How secure is my information with SmartWills?
We use end-to-end encryption and comply with Malaysia’s Personal Data Protection Act (PDPA) to ensure your information stays confidential.
Can I refer a friend to use SmartWills?
Yes! We offer referral rewards. Just contact us to generate your referral link and rewards will be offered.
Does SmartWills offer packages for will writing and probate together?
No. We offered that separately.
Still have questions about wills?
Contact our professional team directly.
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