FAQs

Last Will and Testament
What is a Will?
What are the advantages of having a Will?
What happens if I die without a Will?
Is the Will by WillsMalaysia.my legal?
Do I need to engage a lawyer to write my Will?
What is required to make a Will?
How much does it cost to make a will?
Where should I keep my will?
What will happen if my original will cannot be located?
When should I update my Will?
What is the Grant of Probate (GP)?
What is a Letter of Administration (LA)?
In what situation do we apply for a GP or LA?
Who are involved in a Will?
What does an Executor do?
Who qualifies to be an executor or trustee?
What is the role of a Trustee?
Can I appoint the same person as the Executor and Trustee?
Can any of my beneficiary(s) be a witness to my Will?
Can my Executor witness my Will?
Do I have to list all of my assets in my Will?
What are the inclusions in a Will?
What are the exclusions in a Will?
Power of Attorney (PoA)
What is a Power of Attorney?
Types of Power of Attorney
Choosing your Attorney
What is the cost of this service?
Is it a legal document?
How long can I continue to make updates?
How long will the process take to draw up my Power of Attorney?
KeyCard Holder
What is a "KeyCard® holder"?
What can I unlock?
Am I a KeyCard® holder?
How many KeyCard® holders are there?
What should I do if I have lost or misplaced my KeyCard® holder ID?
Security
Is my information secure?
Can my information get destroyed or lost?
Other Questions
Does it matter where I live?
How can I document my own wishes?
Where can I get more information?

Last Will and Testament

What is a Will?

A Will or Last Will and Testament is a legal document which contains a person’s intentions as to how they wish to distribute their assets after they passed on.

The legal definition of a Will is covered in Section 2 of the Wills Act 1959:

“…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.”

What are the advantages of having a Will?

Having a Will enables you to:

  • - Choose your beneficiaries;
  • - Choose how your moveable and immoveable assets are to be distributed;
  • - Choose your trustee and executor of your choice;
  • - Set up a trust for your minor children;
  • - Write bequests for charities;
  • - Choose the guardian of your minor children;
  • - Speed up the distribution process;
  • - Express your wishes for your funeral arrangements;
  • - Express your wishes for organ donation preferences;

What happens if I die without a Will?

Without a valid Will, the law decides on the distribution of your assets. The law can also decide who your beneficiaries will be. Your loved ones could become involved in complex legal battle if you do not explicitly specify your wishes in a Will.

If you die without a Will:

Your estate will be distributed according to the Distribution Act 1958 (as amended in 1997) and the High Court decides over the administration.

The law does not provide for persons such as partners, step children, illegitimate children, relatives or basically anyone out of the family norm whom you could otherwise specifically include in a Will.

There may be costly legal fees and delays in administration when applying for a Letter of Administration.

The legal process could take years and your assets could shrink in value.

Not to mention your family members and/or dependents could face financial difficulties on top of a period of grief.

 

Is the Will by WillsMalaysia.my legal?

A lawyer is not required to write a Will, however using a system that was built in consultation with expert legal knowledge on Wills certainly helps.

Wills in WillsMalaysia.my have been carefully created by a team of experienced lawyers with specialised knowledge on Wills and Probate. So you can be sure the product meets all legal requirements as per the Will Act 1959.

Do I need to engage a lawyer to write my Will?

No, a lawyer is not required for you to write your Will.

What is required to make a Will?

To make a Will valid you must be:

    • At least 18 years old (21 years for Sabah)
    • Be of sound mind
    • Have the Will signed and witnessed by at least two witnesses who will then sign in your presence and in the presence of each other.

How much does it cost to make a will?

The average cost of writing a Will using the services of a lawyer is around RM 800; hence at WillsMalaysia.my we make it affordable at a fraction of that cost. Check out our Products & Pricing page to learn more.

Where should I keep my will?

You should keep your original Will in a safe place which your executor should be aware, and have access to it. Using our FREE MyDigiSafe service, you can store a scanned copy of your Will.

We encourage members not to keep their Will in a bank’s safe deposit box. Remember when you die, all your bank accounts will be frozen, including your safe deposit box. This just makes it harder for your loved ones to locate or execute your Will.

At WillsMalaysia, we offer Will Custodial service where our lawyers will safely store your Will for you.

Watch this short video to learn more.

What will happen if my original will cannot be located?

The original Will is required before allowing a Grant of Probate.

However, a copy of your Will may be accepted if it can be proven that the original Will was lost or destroyed. And if you can proof there was no intention to revoke the Will. Using our FREE MyDigiSafe service, you can store a scanned copy of your Will.

When should I update my Will?

Ideally, you should review your Will every year. The best period to review your Will would be on your birthday. Of course, no one likes to review their Will on their birthday but what better time to look back on the last year on any major change in your life, eg:

    • Getting separated or divorced
    • Getting married (your existing Will becomes null and void)
    • Having a child or adopting a child
    • Migrating to another country
    • Buying a car
    • Starting a business
    • Any other major life changes

What is the Grant of Probate (GP)?

The Grant of Probate is a document an executor need to obtain in order to give them authority to administer the deceased’s estate.

What is a Letter of Administration (LA)?

An LA is a right given by the Court for the administration of an estate of a person who died without leaving a Will.

In what situation do we apply for a GP or LA?

When someone dies and leaves behind a valid Will, a GP will be sought. If the person dies without a Will, an application for an LA must be made.

Who are involved in a Will?

The parties involved in a Will are:

    • Testator – A testator is a person who has written and executed a last will and testament.
    • Executor(s) – An executor is someone who is responsible for executing, or following through on, an assigned task or duty by a testator to administer his/her estate.
    • Trustee(s) - The trustee acts as the legal owner of trust assets, and is responsible for handling any of the assets held in trust, tax filings for the trust, and distributing the assets according to the terms of the trust. Both roles involve duties that are legally required.
    • Guardian – Person(s) appointed to care for the welfare of minor children.
    • Beneficiaries - A beneficiary basically means a natural person or other legal entity who receives money or other benefits from a benefactor under a Will.
    • Witnesses - two people who witness the testator signing the Will.

What does an Executor do?

The executor's job is central to the estate settlement process – from arranging the funeral, to paying bills, to distributing estate assets. After someone dies, the executor makes sure that the wishes stated in the deceased person's will are fulfilled.

Who qualifies to be an executor or trustee?

You may appoint any adult (18 years or older) to act as your executor and trustee; you may also appoint up to four executors to jointly administer your estate. You may also name alternate executors.

What is the role of a Trustee?

When your executor takes charge of your assets, he/she will also take the role of a trustee holding your assets on trust for your beneficiaries until the assets are fully distributed. Your trustee will be subject to the responsibilities imposed by the Trustee Act 1949.

Can I appoint the same person as the Executor and Trustee?

Yes.

Can any of my beneficiary(s) be a witness to my Will?

A beneficiary will not be eligible to receive any benefit from the estate if he/she or his/her spouse signs as a witness to the Will.

Can my Executor witness my Will?

Section 11 of the Wills Act 1959 allows an Executor to be a witness of the Will.

Do I have to list all of my assets in my Will?

We highly recommend doing so.

What are the inclusions in a Will?

Ideally, your Will should include all your assets:

    • Immoveable asset: land and buildings, residential, commercial, industrial or agricultural properties/lands;
    • Moveable asset: cash, bank balances, shares, transferable memberships, vehicles, movable furniture, clothing, jewellery etc;
    • Intellectual property: copyrights, patents etc;
    • Trust property: property which is being held by a trustee on trust for you;
    • Inheritance: assets which you expect to receive in the future.

What are the exclusions in a Will?

    • Any Insurance policy(s).
    • Your money in Kumpulan Wang Simpanan Pekerja (KWSP/EPF) account.

INSURANCE & EPF

Insurance policies in Malaysia and EPF (KWSP) are governed under separate Acts of the Law.

With regards to insurance policies, Financial Services Act 2013 (which was previously governed by the Insurance Act 1996) refers.

As for EPF, the Employees Provident Fund Regulations 2001 Act, refers.

MyLastWill product from WillsMalaysia does not cover Insurance Policy or EPF however all details of your Insurance Policies and EPF can be captured in our MyLegacy product.

 

Power of Attorney (PoA)

What is a Power of Attorney?

A Power of Attorney is a legal document which allows you to grant the authority to someone to act on your behalf. People grant Power of Attorney for various reasons.

    • You may have a business in your name but do not have the time or expertise to run it yourself so you grant a Power of Attorney to someone else to run it for you.
    • You may have properties in Malaysia but live overseas. In this instance you may grant a Power of Attorney to someone giving them the rights to manage, sell, mortgage or execute any other property/financial related matters.

But the most important type of Power of Attorney is granting someone the authority to act on your behalf when you become incapacitated or mentally unstable. This is not a topic that people like to talk about but it is a very important one.

MyPoA wizard by WillsMalaysia creates a Power of Attorney that takes effect if you become mentally unstable or incapacitated. It creates an Enduring General Power of Attorney that covers your financial, real estate, business affairs and/or your health care directives. You may assign one individual for all of these needs or different individuals for different needs. However, if you wish for the Power of Attorney to be effective immediately (while you are in good health and sound mind), the wizard is able to do this as well.

Watch this short video to learn more.

Types of Power of Attorney

The Power of Attorney is general but gives significant power to the individual you select as your Attorney. Depending on the power you grant, your Attorney will be able to do the tasks you would normally do provided you are healthy, able and of sound mind. Let’s take a quick look at the three types of Power of Attorney MyPoA wizard creates.

Power of Attorney over your financial interest – this Power of Attorney grants the Attorney the power to manage all of your personal financial affairs including, but not limited to:

    • handling banking transactions
    • managing debts, bills and loans
    • dealing in stocks, shares and bonds on your behalf
    • manage, buy and sell real estate on your behalf (your property interest)

Power of Attorney over your business interest – this Power of Attorney grants the Attorney the power to manage all of your business affairs including, but not limited to:

    • handling banking transactions related to your business
    • managing, buying and selling real estate on your business behalf
    • settling debts, bills and loans related to your business
    • dealing in stocks, shares and bonds on your business behalf

Power of Attorney over your healthcare interest – this Power of Attorney grants the Attorney the power to manage all of your health affairs including, but not limited to:

    • give directions and make decisions, on your behalf, concerning your personal care
    • to give or refuse consent on your behalf to treatment
    • choice of medical care providers
    • choice of medical care facilities

Watch this short video to learn more.

Choosing your Attorney

The Attorney that you choose will be able to administer all of your financial, business, property and healthcare interests, and this will be their responsibility as long as the Power of Attorney is in effect, usually for many years to come.

The person that you select must be someone that you completely trust, competent in managing your affairs, is likely to remain alive for the duration of the Power of Attorney, and is willing to serve as your Attorney.  It can be a friend, your spouse, your adult child or other family member.

Once it is signed and attested by a lawyer, the Power of Attorney has to be registered in Court. It comes into effect immediately when you have been declared by a medical professional that you are incapable of making decisions for yourself.

But if you wish for the Power of Attorney to be effective immediately, while you are in good health and sound mind, the Power of Attorney will be created accordingly.

Just bear in mind your Attorney will be able to do anything you will be able to should you be in sound mind and health. So it is important your choice of Attorney is someone you trust and has your best interest in mind. Most people would nominate their spouse or older children as the responsibility commands maturity and compassion.

Watch this short video to learn more.

What is the cost of this service?

The MyPoA™ service takes you through a series of simple questions using a wizard, formats your answers into easily readable format, and allows you to make unlimited updates until you finalize your Power of Attorney; while allowing you to store your information securely online. 

A Power of Attorney is typically prepared by a lawyer and can cost you anywhere between RM800 to RM3000. Here at WillsMalaysia you can create a Power of Attorney at a fraction of the cost. We made it easy for you by removing all the legal jargons and by answering some simple questions, you too can create your Power of Attorney in under 20 minutes.

The complete pricing structure is available on our Products & Pricing page.

Is it a legal document?

It is in accordance to the current Laws of Malaysia and in full compliance with the Power of Attorney Act 1949. However, in order to be a legal document your Power of Attorney document must be signed (attestation) in the presence of a lawyer. A Lawyer has the legal standing to administer oaths and officiate over the signing process. 

In other words, they are an independent person who will determine that all parties signed on their own free will, and that they are all who they say they are.

Upon attestation, the document has to be stamped by Lembaga Hasil Dalam Negeri and registered in the Malaysian Courts system. Our panel of lawyers will complete this process for you. You will need to pay the required regulatory and attestation fees separately. The final stamped and registered copy will be sent to you for your safekeeping. We suggest you take a scanned copy of the document and upload it to your DigiSafe, a complimentary service provided by WillsMalaysia.

Although the unsigned version of your Power of Attorney stored online at WillsMalaysia.my is not a legal document, if you wish, you may allow one or more of your designated KeyCard® holder to have access to the Power of Attorney that you have created at WillsMalaysia.my.  This could be important if your legally signed copy cannot be located.  In this situation, your WillsMalaysia.my Power of Attorney may still provide some guidance to a loving family, as they may understand how you would want your legal, financial and/or business matters to be handled.

How long can I continue to make updates?

You can choose to have a 1-year,  5-year, 10-year, 20-year or Life membership at WillsMalaysia.my, during which time you may make as many updates or amendments to your Power of Attorney as you wish -- at no extra charge. However if your Power of Attorney was registered in the Courts, the old Power of Attorney must be revoked and the new one re-attested by our lawyer. You will need to pay the required regulatory and attestation fees. Details of the membership packages may be found on our Products & Prices page.

How long will the process take to draw up my Power of Attorney?

The series of questions using the MyPoA wizard can be completed in less than twenty minutes.  The wizard can create three types of Power of Attorney documents: Business, Financial and Healthcare matters. So, we recommend you take some time to read and think about it so as to ensure the Power of Attorney is not simply created, but you understand exactly what it means and the steps involved to make it a valid legal document.

KeyCard Holder

What is a "KeyCard® holder"?

WillsMalaysia members can choose any number of KeyCard® holders and the member can designate specific sections for access to specific KeyCard® holders. After this, the holders have the power to unlock the Will or other services after the member’s passing. Each KeyCard® holder has access to chosen sections of the document like MyLastWish, Power of Attorney, or Last Will and Testament, as directed by the WillsMalaysia member. WillsMalaysia.my is completely secure and always ensures the member’s privacy. Only authorized access by the correct KeyCard® holder at the right time, as specified by the member, will be able to view the member’s documents.

Watch this short video to learn more.

What can I unlock?

A member at WillsMalaysia has the option of documenting one or more of the following services:

    • MyLastWill™ - The member's Last Will and Testament
    • MyPoA™ - Directions regarding the handling of the member's health, finances and business.
    • MyLastWish™ - The member's personal wishes regarding their funeral and organ donation preferences.
    • MyLastMessage™ - Unsent messages the member has prewritten to their family or friends
    • MyLegacy™ - Critical information to be passed on to the member's family and the executor
    • MyDigiSafe™ - Important digital files and documents to be passed on to the member's family and executor

You may not be able to view all the above services. It depends on the member’s preference. The member can grant access to one individual to access all services or several individuals to access different services.

Am I a KeyCard® holder?

Did you receive an email identifying you as a KeyCard® holder of a named WillsMalaysia member?  This email would have described your responsibilities and also assigned you a unique, secure, "KeyCard® holder ID", a combination of an alphanumeric code.

The member could have also contacted you directly and given the code themselves.  The member could have also sent you a wallet card.

How many KeyCard® holders are there?

The member can designate any number of KeyCard® holders for their wishes. We encourage members to designate different individuals for different services. 

What should I do if I have lost or misplaced my KeyCard® holder ID?

Please contact us.

Security

Is my information secure?

Absolutely! Your information stored at WillsMalaysia.my is safe and secure.  The information is highly encrypted so that nobody has access to this information, other than yourself and your trusted KeyCard® holder.  Even we at WillsMalaysia are not able to access your information due to the highly secured software design and encryption methods used.

Please note however for requests to have a Lawyer Review and Printing service of your Will, we will have to decrypt the document as part of the member's instructions to have these services performed.

All data transfer from your computer to WillsMalaysia.my is authenticated and encrypted using 256-bit "SSL encryption".  Secure Socket Layer (SSL) is a protocol developed for transmitting private data over the Internet. SSL is a way to ensure that sensitive data received from users or web site visitors are safe and remains private.

The SSL protocol uses a cryptographic system that uses two keys to encrypt data, a public key known to everyone and a private key known only to the recipient of the message. This ensures that data pass between two entities over the internet shall be encrypted upon transmission. Websites uses the encrypted data channel to obtain confidential user information such as credit card numbers, personal data, business data, emails or login credentials.

Web sites with SSL have the following characteristics:

  1. The URL or web address changes from http:// to https://.
  2. The padlock sign on the browser changes from open to close.
  3. The address bar will turn to green and display the name of website owner when connecting to a website protected by Extended Validation SSL certificate.

Websites that incur payment transaction, online ordering, booking, submission of any user information or have client login area requires a secured connection to ensure customer/user confidence when submitting data to your website. With SSL certificate installed, customers/users feels secure and confident when interacting with you through your website.

The primary goal is to have a secure connection between user and your website to prevent hackers from stealing sensitive data from your web user and your organization.

Can my information get destroyed or lost?

Our servers runs on RAID1 data mirror where two hard-disk runs simultaneously. This is to prevent data lost during single hard disk failure. We do perform schedule backups to different servers.

Datacenters

We work closely with out hosting provider to design, build and operate the data centers. Each component is carefully selected, each step to build is thoroughly evaluated -- from our location selection to choice of hardware components, each is vetted to solve the next generation of challenges. We work closely with our technology providers to solve for stability, performance, and efficiency.

Network

We work closely with out hosting provider to use our own dedicated 20Tbps fiber-optic network capacity, 30 data centers, and an additional 34 points of presence, we are well able to handle growing volumes of data. Along with links being at least doubled at every routing point, we build our infrastructure to optimize for stability, redundancy and availability. Real-time status, ping testing, and anti-DDoS—all to ensure you stay online.

Quality & Certifications

The protection of our customer data is vital. We invest in the highest levels of security and adopt industry best practices to meet compliance and certification standards.

Security & Data Protection

Security is our priority. The trust that our customers and partners place in us is paramount. Security is at the core of our focus and attention, at every level of our organization and infrastructure. We live amidst a global threat that is increasingly sophisticated and dangerous. To seize this challenge, we put security at the forefront of our activities in our datacenters.

Other Questions

Does it matter where I live?

The short answer is NO. Power of Attorney Act 1949 and Wills Act 1959 covers all States in Malaysia. The age requirement to create these documents is 18 and above in all states except for Sabah where it is 21 years.

Services such as MyLastWish™, MyLegacy™, MyDigiSafe™ and MyLastMessage™ do not create legal documents. We have worked extensively with lawyers in Malaysia to ensure that the legal documents created by the MyLastWill™ and MyPoA™ services are up to date with the laws in Malaysia.

If you have any doubts about the legal standing of your Will or Power of Attorney, feel free to seek any legal counsel of your choice. You can take advantage of our experienced group of lawyers, for a fraction of the cost to review your Will.

How can I document my own wishes?

Simply click here, or return to WillsMalaysia at any time to join as a new member or to try out our services. As a new member, you get one-year free membership.

The complete pricing structure is available on our Products & Prices page.

Where can I get more information?

If you have additional questions after reading all of the information provided here, feel free to contact us.

We will be most happy to answer your questions.