Documenting Your Wishes,
Protecting Your Family

You will generally need your identity card (MyKad or passport), a list of assets you wish to address (property, bank accounts, investments), the names and identification details of your intended beneficiaries and executor, and — if you have minor children — the name of your preferred guardian. We guide you through any additional items during the consultation.

Most wills are completed within two to three weeks of the initial consultation. This timeline allows for a careful review of your instructions, accurate drafting in compliance with the Wills Act 1959, statutory witnessing, and safe custody arrangements. More complex estates or those involving multiple jurisdictions may require additional time.

When a non-Muslim Malaysian passes away without a valid will, the estate is distributed according to the Distribution Act 1958. This may not reflect the deceased's actual intentions. The family would need to apply for Letters of Administration through the courts, which is a lengthier process than probate under a valid will. Having a will in place greatly simplifies matters for those left behind.

A will takes effect only upon death and must go through probate before assets are distributed. A trust, depending on its type, can be established during your lifetime (inter-vivos) and may allow assets to pass to beneficiaries without going through the probate process. Trusts also offer greater flexibility in managing how and when assets are distributed, particularly for education funding or long-term wealth preservation. Many families benefit from having both.

Any person of sound mind who is at least 18 years of age may serve as executor. Many individuals appoint a trusted family member or close friend, though professional trustees such as Amanah Raya Berhad may also be appointed for greater continuity. We discuss your options during the consultation and can advise based on the size and complexity of your estate.

A will can nominate a guardian to care for your minor children and appoint a trustee to manage any assets held on their behalf until they reach adulthood. Without these provisions, the courts may make decisions on your children's guardianship and inheritance without reference to your wishes. We ensure these provisions are clearly and legally drafted as part of every will we prepare for parents.

Probate is the legal process by which a deceased person's will is recognized by the court and the executor is authorized to administer the estate. In Malaysia, probate is typically required for estates holding immovable property or where financial institutions require court authorization before releasing funds. For smaller estates, alternatives such as applications under the Small Estates (Distribution) Act 1955 may be available. We advise on the most appropriate approach for each estate.

Yes, we work with foreign nationals who hold assets in Malaysia. The Wills Act 1959 allows for the preparation of wills covering Malaysian assets regardless of the testator's nationality. For matters involving assets in multiple jurisdictions, we advise on the implications and, where appropriate, coordinate with practitioners in the relevant countries. Please contact us to discuss your specific circumstances.