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Q: What is a will?
Under Section 2 of Wills Act 1959, a “will” means a declaration intended to have legal effect of
the intentions of a testator with respect to his property or other matters which he desires to be
carried into effect after his death and includes a testament, a codicil and an appointment by will
or by writing in the nature of a will in exercise of a power and also a disposition by will or
testament of the guardianship, custody and tuition of any child.
In short, a will is a legal document that expresses a person’s wishes of the distribution of his/her
estate after death. In order for a will to be valid, it must comply with these requirements:
Testator (the person making the will) must have a minimum age of 18;
Testator must be of sound mind;
Will must be made in writing and signed;
Two witnesses must be present at the time of signing of the will. The witnesses to the signing of
a will cannot be the beneficiary or the spouse of the beneficiary of the will.
Under Section 14 of the Wills Act 1959, that the testator had the intention of the revoking
their Will either by tearing, burning or any other method that involves the destroying of
the Will. This should also be done in the presence of other people so that they can act as
the witness.
Under Section 12 of the Wills Act 1959, when the testator has married then the Will that
they made before the marriage will be revoked and become null and void which means
that you will need to draft up a new Will.
If a person converts to the Muslim faith then the Will that they made previously shall
become null and void as in such cases the distribution of the property of a Muslim is
governed by the Islamic Law.
According to Section 14 of the Wills Act 1959, the context located in the Will can be
revoked if it is done in a manner in which it is required to be executed that includes by
some form of writing that declares the intention to revoke the Will.
According to Section 27 of the Wills Act 1959, a Will that was made outside of Malaysia shall
be deemed valid only if it is made in writing or is a privileged Will. The Will should also be
executed in a manner required by the law of the place that is was made, the law of the testator’s
domicile at the time of their death, according to that of the Wills Act 1959 or the law of the
testator’s domicile at the time of the execution of the Will.
Q: Does anyone have the right to vary my Will?
While you are able to name the beneficiaries of your choice in the Will, there are still certain
people who can apply under the Inheritance (Family Provision) Act 1971 for the reasonable
provisions to be made. This will usually happen when there is nothing or there have been
insufficient amounts that have been left for them under the Will.
A daughter who has not been married or is incapable of taking care of herself because of
physical or mental disabilities.
An infant or anyone else that is below the age of 21.
A son who has not been married or is incapable of taking care of himself because of
physical or mental disabilities.
The wife or husband, depending on the testator of the Will.
You should also take note that a child that you have adopted legally is considered as your son or
daughter according to the Inheritance (Family Provision) Act 1971. While you may be eligible
for making such claims, you need to be aware that the decision shall be left with the courts
basing it on the merits of each of the case.
1959 年遗嘱法令
Q:什么是遗嘱?
简而言之,遗嘱是一份法律文件,表达了一个人在死后分配其遗产的意愿。为使遗嘱有效,
它必须符合以下要求:
•遗嘱人的最低年龄必须为 18 岁;
•遗嘱人必须心智健全;
•必须以书面形式签署并签字;
•签署遗嘱时必须有两名证人在场。签署遗嘱的证人不能为遗嘱受益人或受益人的配偶。
Q:什么时候会被撤销?
除非以下情况,否则遗嘱或其任何部分均不可撤销;
Q:在马来西亚起草的遗嘱是否有效?
Q:有没有人有权改变我的意愿?
•未婚的女儿,或因身体或精神残疾而无法照顾自己的女儿。
•婴儿或其他未满 21 岁的人。
•一个尚未结婚但由于身体或精神残疾而无法照顾自己的儿子。
•妻子或丈夫,取决于遗嘱的遗嘱人。