📜 Making a Will in Malaysia

Step-by-Step: Making a Non-Muslim Will

1. List all your assets and liabilities. Before you can distribute anything, you need to know what you own. Make a comprehensive list: real property (with title deed numbers and addresses); bank accounts (bank name, account number, approximate balance); EPF/KWSP savings (note: EPF has its own separate nomination system — see below); life insurance policies (policy numbers, insured amount, current nominees); unit trusts and investment accounts (PRS, ASB, shares); vehicles (grant number, make, model); business interests (shareholding, partnership agreements); digital assets (cryptocurrency, PayPal, online accounts with value); and any significant personal property. Also list debts — home loan, car loan, credit card balances, personal loans. These must be settled from the estate before anything is distributed.
2. Decide on your beneficiaries (Penerima Faedah). A beneficiary is anyone you want to receive a share of your estate. There is no restriction on who you can name — it can be family members, friends, charities, or organizations. For each beneficiary, you will need their full name as per MyKad, their IC number (or passport number for foreigners), and their relationship to you. Decide what percentage or specific assets each person receives. Think carefully about what happens if a beneficiary dies before you — name substitutes (see the key clauses section below).
3. Name an executor (Wasi / Eksekutor). The executor is the person legally responsible for carrying out the instructions in your will after your death. This includes locating all assets, paying debts, dealing with banks and government agencies, obtaining the Grant of Probate from the High Court, and ultimately distributing the estate to your beneficiaries. This is a significant administrative burden — choose someone trustworthy, organized, and willing to take on the role. Discuss it with them first. You can name a professional executor (a law firm or Amanah Raya Berhad) if you do not want to burden an individual. You can also name a backup executor in case your first choice is unable or unwilling to act.
4. Name a guardian for minor children (if applicable). If you have children under 18, your will should name a guardian who will take legal responsibility for their care if both parents die. Without this, the court decides who becomes the guardian — a process that can be slow and contested. Discuss this with your chosen guardian before naming them. Also consider naming a trustee to manage any inheritance on behalf of minor children until they reach a specified age (e.g., 21 or 25).
5. Draft the will: DIY or engage a lawyer. You have several options (see comparison table below). For simple estates — a few bank accounts, one property, straightforward beneficiaries — a DIY will using Amanah Raya Berhad's template can be sufficient. For complex estates with multiple properties, business interests, overseas assets, or potential family disputes, engaging a lawyer is strongly recommended. A poorly drafted will can be challenged, create ambiguity, or fail to account for edge cases — resulting in expensive court proceedings that eat into the estate.
6. Sign the will with two witnesses. Under the Wills Act 1959, a will must be: in writing (typed or handwritten); signed by the testator (the person making the will) at the end of the document; witnessed by two people simultaneously. The witnesses must be present when you sign. Critically: witnesses cannot be beneficiaries under the will, and cannot be the spouse of a beneficiary. If a beneficiary witnesses the will, they lose their entitlement under it (though the will itself remains valid). Good witnesses: colleagues, neighbours, friends with no stake in the estate.
7. Store the will safely and tell people where it is. A will only works if people can find it after you die. Options: keep the original in a fireproof safe at home (tell your executor where); lodge it with your lawyer (they will keep it as long as their practice exists); deposit it with Amanah Raya Berhad (arb.com.my) for a small annual fee — they maintain a register; use the Will Registry at the Insolvency Department (Jabatan Insolvensi Malaysia). Give your executor a photocopy and tell them where the original is. Do NOT keep it as a secret — the whole purpose is for it to be found and acted upon.
8. Update your will when major life changes happen. A will should be reviewed and updated after: marriage (in Malaysia, marriage automatically revokes a previously made will — you must make a new one after getting married); divorce; the birth of a child; death of a named beneficiary or executor; significant change in assets (buying or selling property, major inheritance received); falling out with a named beneficiary. You cannot simply amend a will by writing on it — you must either make a codicil (a formal amendment executed with the same formalities as the will) or write an entirely new will revoking the old one.

Will Options Compared

Documents You'll Need

• MyKad — your IC number must appear in the will
• Property title deeds — address, title number, and land office details
• Bank account numbers — all accounts you want to include
• Vehicle grant details — make, model, registration number, grant number
• Life insurance policy numbers — insurer name, policy number, sum assured
• Investment account statements — unit trusts, ASB, PRS, share accounts
• Full names and IC numbers of all beneficiaries
• Full name and IC number of your executor — and their agreement to act
• Full names and IC numbers of two witnesses — who are NOT beneficiaries

Key Clauses in a Will

Residuary estate clause

Covers all assets not specifically mentioned elsewhere in the will. Without this clause, any assets you forgot to name — or acquired after the will was written — may fall into intestacy and be distributed under the Distribution Act 1958 rather than your wishes. Always include a catch-all clause: "I give the residue of my estate to [beneficiary]."

Substitution clause

Specifies what happens if a named beneficiary dies before you do. Without this, a gift to a deceased beneficiary falls into the residuary estate (if there is one) or into intestacy. Common approach: "If [beneficiary] does not survive me, their share shall pass to [substitute beneficiary]" — or "shall pass to their surviving children in equal shares."

Executor's powers

Grants your executor specific legal powers to administer the estate — including the power to sell property, deal with financial institutions, manage investments, and pay debts. Without explicit powers, the executor may need to return to court for authorization on specific actions, which is slow and expensive.

Specific bequests

Named gifts of specific items to specific people — "I give my Rolex watch to my brother Ahmad," or "I give my car (registration WA1234B) to my sister." Be precise with descriptions. If the item no longer exists when you die (sold, destroyed), the bequest simply lapses — it does not trigger an obligation to compensate the beneficiary.

Guardian appointment for minor children

Names the person who will have parental responsibility for your minor children. This only takes effect if both parents are deceased. You can also specify conditions — for example, a trustee to manage inherited funds until the child reaches 25, rather than releasing a large sum at 18.

Important: Assets NOT Governed by Your Will

Several major asset types in Malaysia have their own separate nomination or transfer mechanisms and are NOT distributed according to your will. You must handle these separately.

EPF / KWSP savings

Your EPF (Kumpulan Wang Simpanan Pekerja) balance is distributed to your registered EPF nominees — NOT your will beneficiaries. If you have not updated your EPF nominee, or your nominee has died, the funds go to your estate and the distribution process is long. Update your EPF nominee at kwsp.gov.my or any EPF branch. This is separate from your will and must be done independently.

Life insurance policies

Life insurance proceeds are paid to the nominee named on the policy form. For most nominees (parents, siblings, friends), the insurance payout goes to them directly and is NOT part of your estate — which means it bypasses your will entirely. Exception: "estate nominations" under the Insurance Act create a trust where the payout forms part of the estate and is governed by the will. Check your policy type with your insurer. Always keep your insurance nominees current.

Joint tenancy property

If you own property as a joint tenant (the common default for married couples), your share automatically passes to the surviving joint owner upon your death by right of survivorship — regardless of what your will says. Your will cannot override this. If you want your share to go to someone else (e.g., children from a previous marriage), you must convert the ownership from joint tenancy to tenancy in common while alive, then bequeath your share via your will. Consult a property lawyer before doing this.

Muslim Inheritance: Faraid and Wasiat

Malaysian Muslims are subject to a fundamentally different inheritance system under Islamic law. A brief overview:

Faraid (Undang-undang Pusaka Islam)

Faraid is the Quran-mandated system of inheritance shares. Each family member's share is fixed by Islamic law — the surviving spouse, children, and parents all receive prescribed fractions. You cannot override Faraid for the majority of your estate. Faraid applies to the full estate automatically upon death; no will is needed to invoke it.

Wasiat (Islamic will)

A Muslim can use a wasiat (Islamic will) to freely distribute up to one-third (⅓) of their estate to non-Faraid heirs (such as non-Muslim relatives, charities, or friends). The remaining two-thirds (⅔) must follow Faraid distribution. A wasiat cannot increase the share of any existing Faraid heir beyond what Faraid specifies.

Hibah (Living gift)

Hibah is a gift made during the lifetime of the giver, completed while the giver is still alive. Unlike a wasiat, hibah is not subject to the one-third restriction — you can give any amount of any asset as hibah during your lifetime. Hibah is widely used for estate planning. Once given and accepted, the asset belongs to the recipient immediately and is not part of the estate upon death.

Where to get Muslim inheritance advice

For Faraid planning, wasiat drafting, and hibah arrangements, consult your state's Jabatan Agama Islam (JAI) or Majlis Agama Islam, or engage a lawyer specializing in syariah law. Amanah Raya Berhad also offers wasiat and Faraid services. Do not attempt to draft a Muslim estate plan using general will templates — the rules are complex and errors can invalidate key arrangements.

What Happens Without a Will: Distribution Act 1958

If a non-Muslim dies intestate (tanpa wasiat — without a valid will), assets are distributed as follows:

Pro Tips

Name backup beneficiaries

What if your primary beneficiary (penerima faedah) dies before you? Without a substitution clause, that share of the estate goes into residue — or worse, into intestacy. Name at least one backup for each significant gift. For children, consider "to my children in equal shares, or if any child shall predecease me, to that child's surviving children in equal shares."

Tell your executor where the will is

A will that cannot be found is useless. Your executor needs to locate the original signed will to obtain a Grant of Probate. Tell your executor (wasi/eksekutor) where the original is stored. Consider also telling a trusted second person — your executor might die before you. Amanah Raya's will storage service maintains a register that next-of-kin can search.

Update after major life events

Marriage automatically revokes any existing will made before the marriage (this is the law in Malaysia — Wills Act 1959, Section 12). If you married and never made a new will, your pre-marriage will is invalid. Divorce does not automatically revoke a will but may render provisions relating to your ex-spouse ambiguous. Update after: marriage, divorce, death of a beneficiary, new property purchase, major inheritance.

EPF is not covered by your will — update it separately

Many people assume their will covers everything. It does not. EPF goes to your EPF nominee, insurance goes to your insurance nominee, and joint tenancy property goes to the surviving owner. Update all nominations separately. Log in to kwsp.gov.my and check your current EPF nominee today — it takes 5 minutes.

Amanah Raya Berhad for safe custody

Amanah Raya Berhad (ARB) is a government-linked company established to protect beneficiaries' interests. They offer will drafting, will custody, and executor services. Depositing your original will with ARB for safe custody costs a modest annual fee and means the will is registered in a searchable database — your family can find it even if no one knows where you kept it. Visit arb.com.my for current fees and appointment booking.

Frequently Asked Questions

Key Government Links

• Amanah Raya Berhad (will drafting, custody, executor services): arb.com.my
• EPF / KWSP (update nominee online): kwsp.gov.my
• Jabatan Insolvensi Malaysia (will registry): mdi.gov.my

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