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A will and testament are legal documents wherein a person outlines the distribution of their assets and responsibilities after their passing. In Cheras, Malaysia, these documents serve as crucial tools for estate planning, ensuring that one's wishes are honored and their beneficiaries are cared for. The laws governing wills in Malaysia are derived from the Wills Act 1959, which applies to Peninsular Malaysia, including Cheras. Creating a valid will requires adherence to specific legal formalities, failing which the document could be deemed void or open to contestation.
While it's possible to draft a will independently, enlisting the help of a lawyer is often recommended to avoid pitfalls and ensure legal compliance. Common situations where legal advice is beneficial include complex family dynamics, significant assets such as property or businesses, provisions for minor children, or when you want to establish a trust within your will. A lawyer can help customize your will to fit your unique circumstances and provide guidance on minimizing potential disputes among beneficiaries.
In Cheras, Malaysian law requires that anyone aged 18 or above and of sound mind can make a will. It must be in writing, signed by the testator in the presence of two witnesses, who must also sign the document. Certain laws specific to Malaysia also affect the distribution of estate, such as the Islamic inheritance laws (or Faraid) applicable to Muslims and the Distribution Act 1958 which is applicable if no will is in place. It’s important to note that marriage automatically revokes a will unless it was made in anticipation of marriage.
If you die without a valid will, your assets will be distributed according to the Distribution Act 1958, which may not reflect your wishes.
Yes, you can amend your will at any time through a document called a codicil, or by creating a new will that revokes all previous wills.
While you have substantial freedom to dictate the terms, there are limitations, such as statutory obligations to dependents and restrictions under Faraid for Muslims.
A valid will must be in writing, signed by the testator in the presence of two witnesses, who must also sign in the presence of the testator.
Although not legally required, hiring a lawyer is advisable to ensure that your will is comprehensive, clear, and legally valid.
Yes, a will can be contested on grounds such as testator's lack of capacity, undue influence, or improper execution.
Muslims are subject to Islamic inheritance laws (Faraid) which dictate specific shares for heirs, but a will can cover up to one-third of the estate according to personal wishes.
An executor is responsible for managing the estate’s administration. Naming a trusted executor is critical to ensure that your instructions are carried out correctly.
You can include foreign assets, but it's important to consider the laws in the foreign jurisdiction, which may differ from Malaysian laws.
Review your will every 3-5 years or after major life changes such as marriage, divorce, the birth of a child, or significant changes in assets.
For those seeking further information on wills and probate matters, the Malaysian Bar Council provides resources and can offer guidance on finding qualified legal professionals. The Department of Civil Aviation (Jabatan Pendaftaran Negara) and the Syariah courts are also pertinent bodies for Muslims concerned with Islamic inheritance laws.
If you require legal assistance in drafting or reviewing a will, consider consulting a lawyer with expertise in estate planning and Malaysian inheritance laws. Start by organizing your financial records and think about your wishes concerning asset distribution and potential guardianship for minors. Schedule a consultation to discuss your specific needs and ensure that your will aligns with both your intentions and legal requirements.
