Does marriage affect an existing will?

Marriage can affect an earlier will under Malaysian law, so it is prudent to review and re-make your will after marriage.

Can my spouse witness my will?

If your spouse is a beneficiary, they should not act as a witness. Choose two independent adults instead.

What if I later lose mental capacity?

A will made while you had capacity remains effective. What you cannot do is make or change a will after capacity is lost.

Legal Requirements for a Will in Malaysia

For non-Muslims, the core requirements are set out in the Wills Act 1959: the maker must be at least 18 and of sound mind, the will must be in writing, and it must be signed in the presence of two witnesses who also sign.

A witness must not be a beneficiary under the will. If a beneficiary witnesses the document, the gift to that person can be affected, which is why the choice of witnesses deserves attention.

Legal Disclaimer: This application is an educational document drafting platform and does not constitute legal advice. Malaysian laws may change. Users should seek advice from a qualified legal professional where necessary.

The requirements in short

Age: generally 18 or above
Capacity: sound mind, understanding the effect of the document
Form: in writing
Signature: signed by you (or at your direction)
Witnesses: two, present at signing, both signing the will
Independence: witnesses should not be beneficiaries

Things that are not required

A lawyer preparing the document
Government registration
Notarisation or stamping
A specific paper size or format

Muslim estates follow a different framework

The Wills Act 1959 applies to non-Muslims in Peninsular Malaysia and Sarawak. Muslims in Malaysia are subject to Islamic inheritance rules (Faraid) and state Syariah law, with a wasiat generally limited to up to one-third of the estate.

Frequently asked questions

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