Why Your Malaysian Will Needs Witnesses
Why Your Malaysian Will Needs Witnesses
Why Your Malaysian Will Needs Witnesses
Under Malaysia’s Wills Act 1959, your Will must be signed in front of at least 2 two witnesses present at the same time1. Without proper witnessing, your Will could be declared invalid.
A witness confirms:
• You signed the Will voluntarily (no force or pressure).
• You appear to have mental capacity at the time of making the Will.
• All legal formalities were followed correctly.
If your Will is challenged in Court after your passing, your witnesses can be called to testify. Their evidence is often critical in upholding the validity of your Will.
Who Can Be a Witness?
• At least 18 years old
• Of sound mind
• No interest in your estate
| Identity | Can or Cannot Be Witness Of Your Will |
|---|---|
| Lawyer | Can But not required by law. But many people choose a lawyer to be the Witness to ensure that the execution complies with Malaysian law. |
| Executor | Can Be able to prove the execution, validity or invalidity of your Will.2 |
| Beneficiary & Spouse of Beneficiary |
Can ❗ Important: The gift to the Beneficiary or the spouse of the Beneficiary shall fail but the rest of the Will stays valid. Be able to prove the execution, validityor invalidity of your Will.3 |
| Creditor & Spouse of Creditor |
Can 4 Be able to prove the execution, validity or invalidity of your Will. |
| Sibling | Can Be able to prove the execution, validity or invalidity of your Will. |
| Employee | Can Be able to prove the execution, validity or invalidity of your Will. |
| Foreigner | Can Be able to prove the execution, validity or invalidity of your Will. |
Always choose independent Witnesses who are not receiving anything from your estate. Why Proper Witnessing Matters
Improper execution is one of the top reasons Wills are challenged in Courts. Family members or interested party may allege:
• Fraud
• Undue influence
• Lack of mental capacity
If your Will is challenged in Court, the Witnesses are there to prove the execution, validity or invalidity of your Will to protect your Will from being overturned and ensure your wealth is distributed according to your wishes.
Common Questions
Q: What if a Witness dies before me?
A: Your Will remains valid.
Q: What if a Witness cannot be found when applying for Grant of Probate?
A: Your Will remains valid.
Q: Do Witnesses need to read my Will?
A: No. They need to see you sign and confirm that you appear to have capacity and willingness to execute your Will.
Q: What if your Witness is incompetent to be a Witness?
A: Your Will is still valid.5
Consider taking these steps:
1. Choose at least 2 independent Witnesses. Not Beneficiaries. Not spouses of Beneficiaries.
2. All Witnesses be present together when you sign the Will.
3. Witnesses sign in your presence and in each other’s presence.
4. Consider having a lawyer supervise the signing.
This article is for informational purposes only and does not constitute legal advice. Consult qualified professionals in Malaysia for advice tailored to your specific personal, financial, and family circumstances.
1Section 5(2) of the Wills Act 1959
2 Section 11 of the Wills Act 1959
3 Section 9 of the Wills Act 1959
4 Section 10 of the Wills Act 1959
5Section 8 of the Wills Act 1959
About the Author: Ho Yi Yern
Ho Yi Yern is an Advocate & Solicitor of the High Court of Malaya, Partner and Head of Family Law, Succession & Estate Administration in Messrs Azhar & Goh, proud member of Worldwide International Lawyers League (WILL), Malaysian Collaborative Practice Group (MCPG) and International Academy of Collaborative Professionals (IACP), guiding clients through Wills, inheritance, and family-related legal matters. She is dedicated to empowering individuals and families make informed strategic decisions that safeguard their loved ones and preserve their legacy.
About the Author: Ho Yi Yern
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