• About
  • Advertise
  • Write For Us
  • Privacy Policy
  • Contact Us
Subscribe
Smart Investor Malaysia
Advertisement
  • Start Here
    • All
    • Guides
    • How-Tos
    • Analysis

    PropertyGuru: Malaysian Residential Property Market Continues To Face Challenges As Supply And Demand Declines

    Fed Turns The Tide In War On Inflation, But It’s Too Early To Declare Victory

    The Smart Investor’s Guide to Insurance

    Highlights: Malaysia’s Revised Budget 2023

    4 Reasons Why You Need To Invest In ETF

    SPY vs SPUS: A 2023 Comparison of S&P 500 ETFs

    It's time to embed ESG into your investment portfolio. | Credit: nattanan23 via Pixabay

    The Smart Investor’s Guide to ESG

    (L-R) Kenny Yee, Head of Research and Thong Pak Leng, Vice President of Equity Research

    Post 2023 Budget And Q4 Market Outlook Commentary By Rakuten Trade

    Image by dashu83 on Freepik

    Why This Economic Cycle Is Different?

    • Guides
    • How-Tos
    • Analysis
  • Investments
    • All
    • Asset Management
    • Stocks
    • Islamic Finance
    • Alternatives Investments

    Malaysia’s dance with FAANG Giants

    AIIMAN menjalin pakatan strategik dengan Bank Islam sebagai Rakan Pengedar Untuk Luaskan Capaian Kepada Produk Kekayaan Syariah

    E-mail Popup Warning Window Concept

    ICMR Research Series: Safeguarding Malaysian Investors Against Financial Scams

    How Is The Malaysian Property Industry Doing Post-Covid?

    What Can We Learn From The “Equity Risk Premium” About The Prospects For Equities Vs Bonds

    SC-Bursa: Measures To Boost Capital Market Vibrancy And Competitiveness

    Still Worth Investing In Sustainability In 2023?

    ICMR Research Series: Unexpected Life Situations And Industry Issues Drive Vulnerability For Malaysian Investors

    Bursa Malaysia Expands “Approved Securities” Criteria To Boost Market Vibrancy

    • Asset Management
    • Stocks
    • Islamic Finance
    • Alternatives Investments
  • Personal Finance
    • All
    • Cash Management
    • Grow Your Wealth
    • Protect Your Wealth
    • Distribute Your Wealth
    • Behavioural Finance

    Trust In Transition: Ensuring Legacy Security Amidst Blended Family Dynamics

    Property Tussle: Being Left Homeless After Sister’s Death

    Employment Opportunity Fraud Syndicate: Lidt Cooperation Advertising Sdn Bhd Or Lidl Cooperation Advertising Sdn Bhd

    What You Need To Know About The Insurance Industry In Malaysia

    5 Rules For Malaysians To Improve Their Financial Wellbeing

    Tears In Heaven: Who Protects Your Insurance Money?

    Patterns And Types Of Cybercrime In Malaysia From 2016 To 2021: Part 2

    Patterns And Types Of Cybercrime In Malaysia From 2016 To 2021: Part 1

    ICMR Research Series: Millennials And Gen Z Must Plan Early For A Better Retirement In A Changing World Of Work

    • Cash Management
    • Grow Your Wealth
    • Protect Your Wealth
    • Distribute Your Wealth
    • Behavioural Finance
  • Enterprise
    • All
    • Startups
    • Entrepreneurs
    • SMEs
    • Leadership
    • Business Planning
    From left Eizzar Supiar, AVP - Evaluation, Cradle_ Adlin Yusman, Co-Founder of BeMalas_ Suthenesh Sugumaran, Co-Founder of BeMalas_ and Joyce Wee, Former Executive Director of Etalage

    Cradle Circle: Bridging Visionary Startups and Investors in Second Series Event

    Gorgeous Geeks Marks 15 Years of Empowering Women in Technology

    MDDA Celebrates 30 Years of Industry Excellence

    DNA Mapping, A Revolutionary Medical Breakthrough

    Thomson Ushers In New Treatment for Spinal Muscular Atrophy

    Authority Institute’s Maverick Foo named Vistage Malaysia’s Speaker of the Year

    Digital Niaga Empowers Local Businesses With Digital Access To Financial Solutions for Micro, Small Medium Enterprises’ (MSMEs)

    Bizsu: On A Mission To Cool Down The World And Save The Environment

    Management team of Web Bytes Sdn Bhd (from L-R) at the Launch of Xilnex Retail Tech Experience Center: Ng Tiong Kuan, COO; Lee Ming Kew, CFO; Ooi Boon Sheng, CEO; Eng Aik Kian,  CTO (far right); Tan Wei Kit, Business Development Director (2nd from right) with Lee Kah Hin Jerry, Chief Investment Officer of GD Express Bhd (4th from right) and Ken Phua, Deputy President of MRCA (3rd from right)

    Web Bytes Unveils Wonders Cafe As The Hub For Xilnex Retail Tech Experience Center

    • Startups
    • Entrepreneurs
    • SMEs
    • Leadership
    • Business Planning
    • Fintech
  • Property
    • All
    • Startups
    • Entrepreneurs
    • SMEs
    • Leadership
    • Business Planning
    From left Eizzar Supiar, AVP - Evaluation, Cradle_ Adlin Yusman, Co-Founder of BeMalas_ Suthenesh Sugumaran, Co-Founder of BeMalas_ and Joyce Wee, Former Executive Director of Etalage

    Cradle Circle: Bridging Visionary Startups and Investors in Second Series Event

    Gorgeous Geeks Marks 15 Years of Empowering Women in Technology

    MDDA Celebrates 30 Years of Industry Excellence

    DNA Mapping, A Revolutionary Medical Breakthrough

    Thomson Ushers In New Treatment for Spinal Muscular Atrophy

    Authority Institute’s Maverick Foo named Vistage Malaysia’s Speaker of the Year

    Digital Niaga Empowers Local Businesses With Digital Access To Financial Solutions for Micro, Small Medium Enterprises’ (MSMEs)

    Bizsu: On A Mission To Cool Down The World And Save The Environment

    Management team of Web Bytes Sdn Bhd (from L-R) at the Launch of Xilnex Retail Tech Experience Center: Ng Tiong Kuan, COO; Lee Ming Kew, CFO; Ooi Boon Sheng, CEO; Eng Aik Kian,  CTO (far right); Tan Wei Kit, Business Development Director (2nd from right) with Lee Kah Hin Jerry, Chief Investment Officer of GD Express Bhd (4th from right) and Ken Phua, Deputy President of MRCA (3rd from right)

    Web Bytes Unveils Wonders Cafe As The Hub For Xilnex Retail Tech Experience Center

    • First Time Home Buyers
    • Central
    • Northern
    • Southern
    • Sabah & Sarawak
    • Regional / Global
    • Feature
  • ESG
  • Lifestyle
  • News & Events
  • Bahasa Melayu
No Result
View All Result
  • Start Here
    • All
    • Guides
    • How-Tos
    • Analysis

    PropertyGuru: Malaysian Residential Property Market Continues To Face Challenges As Supply And Demand Declines

    Fed Turns The Tide In War On Inflation, But It’s Too Early To Declare Victory

    The Smart Investor’s Guide to Insurance

    Highlights: Malaysia’s Revised Budget 2023

    4 Reasons Why You Need To Invest In ETF

    SPY vs SPUS: A 2023 Comparison of S&P 500 ETFs

    It's time to embed ESG into your investment portfolio. | Credit: nattanan23 via Pixabay

    The Smart Investor’s Guide to ESG

    (L-R) Kenny Yee, Head of Research and Thong Pak Leng, Vice President of Equity Research

    Post 2023 Budget And Q4 Market Outlook Commentary By Rakuten Trade

    Image by dashu83 on Freepik

    Why This Economic Cycle Is Different?

    • Guides
    • How-Tos
    • Analysis
  • Investments
    • All
    • Asset Management
    • Stocks
    • Islamic Finance
    • Alternatives Investments

    Malaysia’s dance with FAANG Giants

    AIIMAN menjalin pakatan strategik dengan Bank Islam sebagai Rakan Pengedar Untuk Luaskan Capaian Kepada Produk Kekayaan Syariah

    E-mail Popup Warning Window Concept

    ICMR Research Series: Safeguarding Malaysian Investors Against Financial Scams

    How Is The Malaysian Property Industry Doing Post-Covid?

    What Can We Learn From The “Equity Risk Premium” About The Prospects For Equities Vs Bonds

    SC-Bursa: Measures To Boost Capital Market Vibrancy And Competitiveness

    Still Worth Investing In Sustainability In 2023?

    ICMR Research Series: Unexpected Life Situations And Industry Issues Drive Vulnerability For Malaysian Investors

    Bursa Malaysia Expands “Approved Securities” Criteria To Boost Market Vibrancy

    • Asset Management
    • Stocks
    • Islamic Finance
    • Alternatives Investments
  • Personal Finance
    • All
    • Cash Management
    • Grow Your Wealth
    • Protect Your Wealth
    • Distribute Your Wealth
    • Behavioural Finance

    Trust In Transition: Ensuring Legacy Security Amidst Blended Family Dynamics

    Property Tussle: Being Left Homeless After Sister’s Death

    Employment Opportunity Fraud Syndicate: Lidt Cooperation Advertising Sdn Bhd Or Lidl Cooperation Advertising Sdn Bhd

    What You Need To Know About The Insurance Industry In Malaysia

    5 Rules For Malaysians To Improve Their Financial Wellbeing

    Tears In Heaven: Who Protects Your Insurance Money?

    Patterns And Types Of Cybercrime In Malaysia From 2016 To 2021: Part 2

    Patterns And Types Of Cybercrime In Malaysia From 2016 To 2021: Part 1

    ICMR Research Series: Millennials And Gen Z Must Plan Early For A Better Retirement In A Changing World Of Work

    • Cash Management
    • Grow Your Wealth
    • Protect Your Wealth
    • Distribute Your Wealth
    • Behavioural Finance
  • Enterprise
    • All
    • Startups
    • Entrepreneurs
    • SMEs
    • Leadership
    • Business Planning
    From left Eizzar Supiar, AVP - Evaluation, Cradle_ Adlin Yusman, Co-Founder of BeMalas_ Suthenesh Sugumaran, Co-Founder of BeMalas_ and Joyce Wee, Former Executive Director of Etalage

    Cradle Circle: Bridging Visionary Startups and Investors in Second Series Event

    Gorgeous Geeks Marks 15 Years of Empowering Women in Technology

    MDDA Celebrates 30 Years of Industry Excellence

    DNA Mapping, A Revolutionary Medical Breakthrough

    Thomson Ushers In New Treatment for Spinal Muscular Atrophy

    Authority Institute’s Maverick Foo named Vistage Malaysia’s Speaker of the Year

    Digital Niaga Empowers Local Businesses With Digital Access To Financial Solutions for Micro, Small Medium Enterprises’ (MSMEs)

    Bizsu: On A Mission To Cool Down The World And Save The Environment

    Management team of Web Bytes Sdn Bhd (from L-R) at the Launch of Xilnex Retail Tech Experience Center: Ng Tiong Kuan, COO; Lee Ming Kew, CFO; Ooi Boon Sheng, CEO; Eng Aik Kian,  CTO (far right); Tan Wei Kit, Business Development Director (2nd from right) with Lee Kah Hin Jerry, Chief Investment Officer of GD Express Bhd (4th from right) and Ken Phua, Deputy President of MRCA (3rd from right)

    Web Bytes Unveils Wonders Cafe As The Hub For Xilnex Retail Tech Experience Center

    • Startups
    • Entrepreneurs
    • SMEs
    • Leadership
    • Business Planning
    • Fintech
  • Property
    • All
    • Startups
    • Entrepreneurs
    • SMEs
    • Leadership
    • Business Planning
    From left Eizzar Supiar, AVP - Evaluation, Cradle_ Adlin Yusman, Co-Founder of BeMalas_ Suthenesh Sugumaran, Co-Founder of BeMalas_ and Joyce Wee, Former Executive Director of Etalage

    Cradle Circle: Bridging Visionary Startups and Investors in Second Series Event

    Gorgeous Geeks Marks 15 Years of Empowering Women in Technology

    MDDA Celebrates 30 Years of Industry Excellence

    DNA Mapping, A Revolutionary Medical Breakthrough

    Thomson Ushers In New Treatment for Spinal Muscular Atrophy

    Authority Institute’s Maverick Foo named Vistage Malaysia’s Speaker of the Year

    Digital Niaga Empowers Local Businesses With Digital Access To Financial Solutions for Micro, Small Medium Enterprises’ (MSMEs)

    Bizsu: On A Mission To Cool Down The World And Save The Environment

    Management team of Web Bytes Sdn Bhd (from L-R) at the Launch of Xilnex Retail Tech Experience Center: Ng Tiong Kuan, COO; Lee Ming Kew, CFO; Ooi Boon Sheng, CEO; Eng Aik Kian,  CTO (far right); Tan Wei Kit, Business Development Director (2nd from right) with Lee Kah Hin Jerry, Chief Investment Officer of GD Express Bhd (4th from right) and Ken Phua, Deputy President of MRCA (3rd from right)

    Web Bytes Unveils Wonders Cafe As The Hub For Xilnex Retail Tech Experience Center

    • First Time Home Buyers
    • Central
    • Northern
    • Southern
    • Sabah & Sarawak
    • Regional / Global
    • Feature
  • ESG
  • Lifestyle
  • News & Events
  • Bahasa Melayu
No Result
View All Result
Smart Investor Malaysia
No Result
View All Result
Advertise with Smart Investor Advertise with Smart Investor Advertise with Smart Investor
Home Financial Planning

Will Writing: Can I Do it Myself?

1 year ago
in Financial Planning
0
will writing
0
SHARES
6
VIEWS
Share on FacebookShare on Twitter
Subscribe to Smart Investor E-Magazine Subscribe to Smart Investor E-Magazine Subscribe to Smart Investor E-Magazine

In my article published in August 2017 entitled “Have You Prepared Your Will?” I dealt with the general process of making a will, the advantages of having a will made, and some questions that I have answered from my clients over the years with regards to the will-writing process.

I have since then received further queries on whether it is necessary or mandatory for one to use the services of a law firm, or a professional will-writer for the purposes of writing a will. This article will deal with that question from a legal and practical perspective.

Firstly, the law does not compel you to appoint a law firm or a professional will-writer to have your will written.

Unlike applying for Letters of Administration or a Grant of Probate where the services of a lawyer are required for the purposes of filing the requisite applications in Court, will-writing can be done by the individual.

However, when you undertake the will-writing process without the services of a professional, it is prudent that you are fully aware of the requirements and intricacies of the laws relating to inheritance, in particular, the Distribution Act 1958, The Wills Act 1959 and the Probate and Administration Act 1960. 

Will Writing: Dos and Don’ts

will writing

The worst thing you can do is to use a standard template obtained from the internet, which could eventually lead to various problems, including your will being challenged.

Neither should you use templates given to you by friends as their wills may have been drafted under different circumstances from yours.

It is important to remember that a lack of clarity and vital omissions in your will can lead to disputes between your family members and unnecessary protracted and costly litigation.

If you wish to intentionally leave out a particular family member from your will, it is advisable that you set out expressly that you wish for this person to be excluded and give reasons for that exclusion. This will reduce the chances of a successful challenge in Court.

There have even been circumstances where the Courts have gone against the contents of the Will, and pursuant to the Inheritance (Family Provision) Act 1971, made provisions for other members of the family, where the Court was of the opinion that the deceased had not made reasonable provisions for the maintenance of a particular dependent.    

When the Court makes such a decision to contradict or go against the contents of a will, the Court will consider all circumstances, including the assets and income of the dependent, the conduct and relationship of the dependent with the deceased, the size of the estate, and the interest of the named beneficiaries.

If you are unwell or are under heavy medication for a prolonged sickness, it is advisable that you get your doctor to confirm your state of mind when your will is being signed, as there have been instances where a will has been challenged on the grounds that the deceased was of unsound mind or under heavy medication, and therefore, making it impossible for the deceased to have known what document he or she was signing, let alone the contents of the said document.  

The Courts have in the past dealt with disputes where family members have challenged a will on the basis that the contents of the will had been altered, the signature of the deceased had been forged and that the execution of the will was not properly witnessed.

It is prudent to note here that wills do not need to be stamped, but there is a requirement in law for the will to be properly witnessed.

I have read lots of articles about this matter and have heard many people say that will-writing is a simple matter that any lay person should be able to handle on their own.

However, I am cautious about taking such a position as it may not be as simple as it seems, as I have described above.

Knowledge is Key

will writing

Firstly, you must be very clear in expressing your intentions in writing. It is advisable to appoint a professional, who will be able to craft your thoughts and intention on paper, rather than to be left with a document that is ambiguous, and thus open to challenge in the future.

It is also necessary for you to constantly review and update the contents of your will. This is important as you may have sold some of your properties and may want to omit those properties from your will.

In other circumstances, the status of your relationships may have changed and you may want your will to reflect that. It is important to make those changes and have it properly documents.

There have been circumstances where family members have produced two different wills by the deceased in Court and have challenged the authenticity of later will.

It is my opinion that one should not look too lightly at the will writing process. From a litigation lawyer’s perspective, a badly drafted will can mean years of protracted, costly litigation and years of turmoil and dispute between warring family members.

It is important that one does not leave a legacy of strife and for that, I would advise that the services of a professional be sought for the purposes of writing your will.    

About the author

SHARMILA RAVENDRAN is the founder of the law firm, Messrs Ravindran located in Mont Kiara, Kuala Lumpur. She has more than 14 years of experience in the legal industry servicing clients that include local and foreign companies. She is now actively involved in corporate advisory work and commercial litigation and is a Panel Adjudicator with the Kuala Lumpur Regional Centre for Arbitration. She also sits on the Bar Council Child Rights Committee and is the Legal Director for Lean in Malaysia. She can be contacted at sharm@ravindran.com.my.                    

Previous Post

Do You Have a Plan B?

Next Post

Estate Planning: It’s All About How You Leave

Next Post
estate planning

Estate Planning: It's All About How You Leave

Leave a Reply Cancel reply

Your email address will not be published. Required fields are marked *

ESG Evolve 2023 ESG Evolve 2023 ESG Evolve 2023
  • Trending
  • Comments
  • Latest
drawbacks unit trusts investment

5 Drawbacks Of Unit Trusts Investment That You Should Know Before Investing

19/09/2023

Robo Advisor In Malaysia, 8 Robo Advisor Platforms To Choose From

17/08/2022
A calculator on financial chart, financial concept

Tax For The 6 Common Investments In Malaysia

19/09/2023
From left Eizzar Supiar, AVP - Evaluation, Cradle_ Adlin Yusman, Co-Founder of BeMalas_ Suthenesh Sugumaran, Co-Founder of BeMalas_ and Joyce Wee, Former Executive Director of Etalage

Cradle and Bursa Malaysia Collaborate to Facilitate Listing of Local Startups in Bursa Malaysia

11/09/2023

Digital Fundraising Platforms in Malaysia

Retirement Plans for the Self-Employed

SC Guidelines On Digital Assets

Retirement planning advise from the experts

Retirement Planning: Best Practices and Advice From Experts

Trust In Transition: Ensuring Legacy Security Amidst Blended Family Dynamics

27/09/2023

UEM Edgenta’s Speedy COVID-19 ICU Build Earns Malaysia Book of Records Recognition

27/09/2023

Cracking the Code of Neuropathic Pain: Early Diagnosis Vital for Diabetics

27/09/2023

Datuk Ir. Dr. Dennis Ganendra Achieves Coveted RAE International Fellowship for Exceptional Engineering Contributions

21/09/2023

Trust In Transition: Ensuring Legacy Security Amidst Blended Family Dynamics

1 day ago

UEM Edgenta’s Speedy COVID-19 ICU Build Earns Malaysia Book of Records Recognition

2 days ago

Cracking the Code of Neuropathic Pain: Early Diagnosis Vital for Diabetics

2 days ago

Datuk Ir. Dr. Dennis Ganendra Achieves Coveted RAE International Fellowship for Exceptional Engineering Contributions

1 week ago
Smart Investor Malaysia

© 2023 Smart Investor Malaysia | The contents on this website are for educational purposes only. You should always seek your own professional advice from the appropriate financial advisor or institution.

Category

  • About
  • Subscribe
  • Write For Us
  • Payment Policy
  • Shipping Policy
  • Cancellation and Refund Policy
  • Privacy Policy
  • Contact Us

Sign up to read our newsletter

  • Start Here
  • Investments
  • Personal Finance
  • Enterprise
  • Property
  • ESG
  • Lifestyle
  • News & Events
  • Bahasa Melayu

© 2023 Smart Investor Malaysia | The contents on this website are for educational purposes only. You should always seek your own professional advice from the appropriate financial advisor or institution.

No Result
View All Result
  • Start Here
    • Guides
    • How-Tos
    • Analysis
  • Investments
    • Asset Management
    • Stocks
    • Islamic Finance
    • Alternatives Investments
  • Personal Finance
    • Cash Management
    • Grow Your Wealth
    • Protect Your Wealth
    • Distribute Your Wealth
    • Behavioural Finance
  • Enterprise
    • Startups
    • Entrepreneurs
    • SMEs
    • Leadership
    • Business Planning
    • Fintech
  • Property
    • First Time Home Buyers
    • Central
    • Northern
    • Southern
    • Sabah & Sarawak
    • Regional / Global
    • Feature
  • ESG
  • Lifestyle
  • News & Events
  • Bahasa Melayu

© 2023 Smart Investor Malaysia | The contents on this website are for educational purposes only. You should always seek your own professional advice from the appropriate financial advisor or institution.