Key Considerations When Drafting A Will In Malaysia

Introduction

A last will and testament (Will) is an essential legal document that outlines how a person's property and assets will be distributed after their death. In Malaysia, the law governing the drafting of a Will is the Wills Act 1959 (Wills Act). The Wills Act is applicable to non-Muslims only, as Muslim inheritance is governed under Syariah law in Malaysia.

In this article, we aim to provide an overview of the legal requirements and the key considerations when drafting a Will in Malaysia.

Legal Requirements

Capacity

The first requirement for drafting a valid Will in Malaysia is that the Testator (the person who has made a Will) must have the capacity to make the Will. This means that the Testator must be of sound mind and be at least 18 years old.