Roots of the Law

In Malaysia, common law inheritance tradition was inherited from the British Colonial rule. After numerous times of reforms and amendments, it continued its reliance on statutory formalities to ensure clarity and to avoid fraud.

A will serves as a legally binding document that allows individuals to dictate how their assets would be distributed after their death. It provides clarity, reduces family disputes, and enables the appointment of executors and guardians for minors. A valid will ensures that the deceased’s wishes are honoured and the estate is administered efficiently under the Wills Act 1959.

 

Rise of DIY Wills in Malaysia

In Malaysia’s increasingly digital landscape, the rise of DIY wills reflects a broader shift toward self-service legal solutions. With online templates, mobile apps, and even AI-powered drafting tools becoming more accessible, individuals are drawn to the convenience and affordability of managing their estate planning without professional help—especially in a digital age where legal services may seem unnecessary for the average person. This trend appeals particularly to younger, tech-savvy Malaysians who value autonomy and speed.

Yet, despite the ease of access, Malaysia’s legal framework remains firmly rooted in formal requirements under the Wills Act 1959. A will that fails to meet these standards—such as lacking proper witnessing or using vague language—risks being declared invalid, leaving one’s estate vulnerable to disputes or unintended distribution under intestacy laws.

 

Formalities of Wills

According to the Wills Act 1959 [WA 1959], Section 5 Mode of Execution states the requirement for a valid will. A person writing a will must comply with its formalities in order to make the will valid and effective. In the case of Tan Suan Sim v. Ooi Joo Aik [2023] MLRHU 893, the High Court summarised the 4 elements required to make a valid will based on WA 1959:

           a. A will must be in writing (Section 5 of the WA 1959);

           b. The testator must be 18 years old and above (Section 4 of the WA 1959);

           c. The testator must be of sound mind (Section 3 of the WA 1959); AND

           d. There is proper execution of the will in accordance with Section 5(2) of WA 1959.

Apart from this, in the case of Wong Fong Yin & Anor v. Wong Choi Lin & Anor [2012] MLRHU 1414 which the High Court laid out the construction of will. A will would be valid if:

• if the testator’s signature to the will is made in the presence of 2 or more witnesses present at the same time OR

• if the signature is acknowledged by the testator as the signature to his will in the presence of 2 or more witnesses present at the same time

 

What If “invalid”

If a will is invalid or there is no will, the estate is distributed according to the Distribution Act 1958 – The Intestacy Rules. This means the court appoints an administrator, and assets are divided among surviving family members based on fixed statutory proportions. The process is often slower, costlier, and may not reflect the deceased’s true intentions.

According to the Distribution Act 1958, Section 6 Succession to Intestate Estates, states that when there’s no valid will, the deceased’s estate will be distributed according to the structure below:

Surviving Family Members	Distribution of Estate
Spouse only	100% to spouse
Spouse + Parents	50% to spouse, 50 % to parents
Spouse + Issue (Children/Grandchildren)	1/3 to spouse, 2/3 to issue
Spouse + Issue + Parents	¼ to spouse, ½ to issue, ¼ to parents
Issue Only	100% to issue
Parents Only	100% to parents
Issue + Parents	2/3 to issue, 1/3 to parents
No spouse, issue, or parents	In order: siblings -> grandparents -> uncles/aunts -> great-grandparents -> great-granduncles/ aunts
No eligible relatives	Estate (except land) goes to the Government

 

Legal Risks and Challenges of Informal Wills

One of the most common legal challenges to a will is the potential for contestation by heirs, particularly on the grounds of non-compliance with formal requirements

In the case of Sawinder Kaur v. Charnjit Singh [1996] MLJU 304, the Court emphasized the strict requirement on Section 5(2) which mandates that the testator must sign or acknowledge the will in the visual presence of at least two witnesses present at the same time. The court emphasized this strict requirement and held the will invalid when the testator failed to sign or acknowledge it in front of two simultaneous witnesses. This case highlights how even procedural oversights can unravel the legal validity of a will, regardless of the testator’s intentions.

Many DIY wills in Malaysia are rendered invalid due to technical non-compliance, such as when beneficiaries act as witnesses (a violation Section 9 of WA 1959) or when the will lacks a proper signature or improperly placed, both of which violate the WA 1959. Even when the formalities are met, vague wording such as “my children” without specifying which children or inconsistent asset descriptions can lead to uncertainty and family disputes, especially when blended families are involved.

Another frequent issue is the omission of important clauses—DIY wills often forget to include a residuary clause, leaving unmentioned assets to fall under the Distribution Act 1958, contrary to the testator’s wishes. In some cases, individuals named as executors lack legal capacity or practical understanding of their duties, leading to delays, mismanagement, or even long drawn contentions litigation among beneficiaries over the execution and distribution of the estate.

DIY wills also face practical challenges after they’re written. Without proper registration or secure storage, a will may be lost, damaged, or never found when it’s needed most. Over time, a DIY will can quickly become outdated as major life evolves — marriages, divorces, or the acquisition of new assets often require timely updates to ensure your intentions remain clear and legally enforceable.

 

Conclusion

While the appeal of saving money through a DIY Will is understandable, the risks often outweigh the short-term gains. Without expert guidance, even seemingly minor errors like incorrect witnessing or vague language would able to render a will invalid – lead to costly complications, undermining your intentions and inflicting emotional strain for your loved ones. With professional guidance, you reduce the risk of conflict, protect your loved ones’ interests, and uphold your legacy with dignity and safeguard your intentions. Ensuring your will is legally sound isn’t just a financial consideration; it’s an act of care and responsibility toward those you leave behind. Engaging a qualified estate lawyer ensures that your final wishes are carried out clearly and lawfully leaving you with the peace of mind that your legacy is protected.