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30 September 2025

How to Write a Will in Malaysia: Step-by-Step Guide

How to Write a Will in Malaysia: Step-by-Step Guide

Did you know that only about 5% of Malaysians have a will? Like many working professionals, you might think writing a will is something to deal with later. However, proper will writing in Malaysia can make all the difference for your family’s security. The good news is that learning how to write a will in Malaysia is simpler than you might think, thanks to clear laws and modern services.

This guide explains how to write a will in Malaysia in 2025 and how to write a will without a lawyer in Malaysia, why it matters, and answers common questions so you can proceed with confidence.

Why Is Writing a Will Important in Malaysia?

Writing a will is crucial because it ensures your assets are distributed according to your wishes. If you pass away without a will, your assets will be distributed under the Distribution Act 1958 for non-Muslims. The process is often slow and complicated, creating financial strain and stress for your family.

By writing a will in Malaysia, you take control, rather than leaving it to generic rules. Your loved ones can receive what you leave them much faster. A will also allow you to: 
  • Name an executor to manage your estate
  • Designate a guardian for your child if you have one in mind
  • Provide clarity to prevent disputes
Proper will writing in Malaysia ultimately protects your family’s future.

Legal Requirements for Writing a Will

Under Malaysia’s Wills Act 1959, which applies to non-Muslims, there are certain legal requirements for a will to be valid:
  •  Written Document: The will must be in writing. It can be handwritten or typed, but oral wills are not recognised.
  • Age and Sound Mind: The will-maker or testator must be at least 18 years old (21 in Sabah) and of sound mind when making the will.
  • Signature of Testator: The will-maker must sign the will at the end of the document, or affix a thumbprint if unable to sign.
  • Two Witnesses: Your signing must be witnessed by at least two people who are present at the same time. After you sign, the two witnesses should sign the will as well. To avoid any conflict of interest, the witnesses should not be beneficiaries named in the will, and they should also be adults of sound mind.
If these requirements are met, your will is legally valid. No official registration is required. Just keep the signed original in a safe place, which we will cover later.

Note: The Wills Act 1959 does not apply to Muslims, whose estate is distributed under Faraid (Islamic inheritance law). Muslim Malaysians may still write a will (wasiat), but different rules apply. This guide focuses on the process for non-Muslims.

Can I Write My Own Will in Malaysia?

Absolutely, as long as it meets legal requirements. Many choose DIY approaches, while others hire lawyers or use will-writing services available in Malaysia. If you are unsure, a professional review can provide peace of mind.

Step-by-Step Guide to Writing a Will in Malaysia

Step 1: List Your Assets

Start by making a list of all your assets, including everything you own of value. 

This includes:
  • Cash & Investments: Money in bank accounts, fixed deposits, stocks, unit trusts, Employee Provident Fund (EPF) savings, insurance policy payouts, etc.
  • Property: Real estate like houses, apartments, land and any rental properties.
  • Valuables & Others: Vehicles, jewellery, collectables, business shares, and even digital assets like cryptocurrencies or domain names.
Document key details such as account numbers and property titles to make it easier for your executor. This is the first step in how to make a will in Malaysia efficiently.

Step 2: Select Your Beneficiaries

Identify your beneficiaries; family, friends, or charities. If possible, include full names and NRIC numbers, and clearly state what each person receives.

Example: “My car to my brother, [Name]” or “50% to my wife, 50% to my son.”
For minor children, nominate a guardian.

This is part of proper will writing in Malaysia to prevent disputes and ensure clarity.

Tip: EPF savings and insurance payouts go directly to the nominated individuals, so update those nominations regularly.

Step 3: Choose an Executor

Choose a trustworthy person to be the executor of your will. The executor is responsible for settling your estate, such as paying any debts and ensuring your assets go to the right people. If your estate is complex or there might be family disputes, appointing a neutral, independent executor is often a good choice.

Always ask the person for consent before appointing them to make sure they are willing to take on the duty. It is also a good idea to name a backup executor in case your first choice is unable to serve.

Step 4: Write and Sign Your Will

With your preparations done, you can now draft the will document. 

Options include:
  • DIY: Write it yourself using your asset and beneficiary list. This option is free, but make sure to use clear language and include all key details.
  • Professional help: Hire a lawyer or use a will-writing service such as those offered by banks. These options typically cost a few hundred ringgit, but you get expert help and guidance. They may also help store your will securely.
After drafting, sign your will in front of two witnesses. All three of you must be present together for the signing. Once signed, your will is official.

Step 5: Store Your Will Safely

Keep your will in a safe place and let the right people know where it is. Store the original signed will somewhere secure, like a home safe or bank safety deposit box, and make sure your executor knows how to retrieve it. Safe storage is an essential part of will writing in Malaysia.

Do You Need a Lawyer to Write a Will in Malaysia?

No. You do not need a lawyer to write a will in Malaysia. It is valid even if you prepared it yourself, as long as your will meets the legal requirements. Many Malaysians use affordable will-writing services or draft their own. 

If your estate is complex, consulting a lawyer or estate planner can help, though it is not required.

Common Mistakes to Avoid When Writing a Will

Failing to Update Your Will

Update your will after major life events. A will written years ago may no longer reflect your wishes.

Not Including a Guardian for Minor Children

Always appoint a guardian to ensure your children are cared for according to your wishes.

Choosing the Wrong Executor

Think carefully about who you appoint as executor. Choose someone responsible and impartial. Always ask for their consent, and consider naming a backup.

Frequently Asked Questions About Will Writing in Malaysia

How Much Does It Cost to Write a Will in Malaysia?

Costs vary from almost nothing (DIY) to RM300 - RM600 for professional services. Using professional help will have a fee, typically around RM300 - RM600 for a basic will. Lawyers might charge more depending on complexity, but generally, will-writing in Malaysia is quite affordable.

What Happens If I Do Not Have a Will?

If you pass away without a will, you die intestate and your assets will be distributed according to Malaysia’s inheritance laws, not your personal wishes. For non-Muslims, the Distribution Act 1958 dictates who gets what. This legal process can be slow, often taking years to finalise, and it may place extra burdens on your family. Without a will, you give up control over how your estate is divided, and settling the estate becomes more complicated.

Why Taking Action Matters.

Writing a will may feel uncomfortable, but it is one of the most valuable gifts you can leave behind. Will writing in Malaysia ensures your wishes are respected, eases your family’s burden, and provides peace of mind. Learning how to make a will in Malaysia today protects your loved ones tomorrow.

If you are looking for additional support with legacy planning, Sun Life Malaysia offers solutions like the Takaful plan Sun Heritage-i that can help cover will-writing costs and integrate estate planning into your financial future.

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