Frequently Asked Question

A will is a legal declaration made by a person during his lifetime to hand over property or certain benefits to the beneficiary after his death. It ensures the property and trust of the testator managed according to his wishes after his death.

A legally binding will is a written document made during the testator's lifetime, contain the intention of the distribution of property after death, and meet the legal requirements so that can be enforced by the court. It involves the conditions of the testator, the beneficiary, and the property bequeathed

Nope. A legally binding will does not require a stamp or stamp at the IRB office.

Muslim wills in Malaysia are regulated under Sharia law and the Wills Enactment Islam in every country.

A will helps the testator express the intention of distributing assets after death other than faraid. Without The will, appointment of executor and probate process can be complicated, time-consuming, and involve high costs.

Regardless of the asset's value, the property remains valuable to loved ones. The will helps leave protection, love, and can include future assets.

Nope. Life is unpredictable. After reaching the age of 18, a person is encouraged consider writing a will so that loved ones can inherit assets without delay.

A will is not absolutely obligatory in Islam. It is generally circumcised, but can be obligatory if a person has responsibilities such as debts, zakat, or hajj that have not been fulfilled. Will to non-heirs cannot exceed 1/3 of the inheritance without the consent of the heirs.

Nope. In Malaysia, the law does not require a will to be prepared by a lawyer, as long as it is in writing and meet the requirements of relevant laws.

Inheritance can be frozen because there is no executor, heirs are burdened with managing inheritance, assets and debts difficult to identify, and the estate administration process can take a long time.

A Muslim aged 18 or over, sane, consents to the appointment, and is able managing the administration of the estate can be appointed as an executor.

The executor acts as a trustee, protecting the assets until they are distributed. The responsibility including finding the original will, applying for a Grant of Probate, collecting assets, paying debts/taxes, and distribute assets to beneficiaries.

The execution of a will involves a sincere intention, writing a will, two witnesses, a maximum limit of 1/3 to non-heirs, clear beneficiaries, legal bequeathed property, consent of heirs if necessary, and execution after death by the executor of the estate.

Anyone can be appointed as a guardian of a small child if they are 18 years old and above, sane mind, and able to handle property.

Beneficiaries can include adopted children, friends, family members who are not faraid heirs such as grandchildren, charity, Islamic Religious Council, mosque, or surau, provided the property is not bequeathed more than 1/3.

The beneficiary's share will depend on the circumstances: can be an inheritance to his heirs, returned to the original inheritance, distributed to other beneficiaries, given to the beneficiary next, or postponed if the beneficiary does not yet exist.

The witness must not be the beneficiary, not a member of the immediate family of the beneficiary, aged 18 years above, sane, third party to the testator, and consists of two men.

Witnesses need to make sure the testator is sane, personally sign or give valid instructions for signed, signing each page, and providing complete information on the page the last The witness does not need to know the contents of the will.

Yes. Wills can list assets in Malaysia and abroad. However, if you have external assets country, you also need to prepare a separate will in that country because each country have their own laws.

Yes. A will can be revoked through a new will, marriage or remarriage, destruction original will, or voluntary written revocation. Divorce alone does not invalidate a will automatically.

A Last Will is a valid and final testamentary document that supersedes all previous wills. In the context of Islam, it has to comply with faraid principles.

Yes. Wills can be challenged on grounds of non-compliance with the law, invalid wills such as fraud or coercion, or heirs feel their rights are neglected.

Risks include the limit of 1/3 of the property for non-faraid heirs, the need for the heir's consent in the circumstances certain, and care for minor property recipients.

Yes. However, WasiatKu reserves the right to charge up to a maximum of RM100 per witness for every will.