Our lawyers draft wills and advise on estate planning for individuals and families, so that your assets pass as you intend and the people you love are protected.
A will lets you decide who inherits your assets, who administers your estate and who cares for your children. Without one, the law decides for you.
Our lawyers draft wills for individuals and families in Malaysia and advise on the wider estate planning steps around them. A will names an executor with clear authority to manage the estate, records your wishes for your assets and, if you have children under 18, lets you nominate a guardian.
When a non-Muslim dies without a will in Peninsular Malaysia or Sarawak (other than a Sarawak native), the estate is shared under the Distribution Act 1958, no one has authority over the assets until a Letter of Administration is granted, and the court decides who cares for minor children. Read our article on will writing and estate planning in Malaysia for the full picture.
This page focuses on wills under the Wills Act 1959, which applies in Peninsular Malaysia only and does not apply to persons professing Islam. The estates of Muslims follow Islamic inheritance law, and wills in Sabah and Sarawak may follow different rules, so we start by confirming which regime applies to you.
Drafting a will is straightforward when the right questions are asked early. We take you through them in a single meeting where possible.
We ask about your spouse, children, other dependants and assets, including land, bank accounts, investments, insurance, EPF and any business interests. We also ask what you want to happen and what worries you.
We help you choose who will administer your estate, hold assets for minor beneficiaries and, if you have young children, care for them. We advise on naming replacements in case someone cannot act.
We draft the will in plain language so that your wishes are clear and workable, and consider the family and property circumstances that could cause disputes later.
A will must be in writing, signed at the end by you and witnessed by two or more people present at the same time, who sign in your presence. A gift to a witness or to a witness's spouse is void, so beneficiaries and their spouses should not act as witnesses. Mistakes here can make a gift fail, so we supervise the signing.
We give you a copy and advise where to store the original so that your executor can find it. Marriage revokes an earlier will unless it was made in contemplation of the marriage, so review your will after marriage, divorce, a birth or a significant change in your assets, and check your EPF and insurance nominations alongside it.
If someone has died, we can advise the family on applying for a Grant of Probate where there is a will, or a Letter of Administration where there is not, and on distributing the estate.
For non-Muslims in Peninsular Malaysia, an estate without a will is divided by a fixed formula. It may not match what you would have chosen.
| Who survives | Parents | Spouse | Children |
|---|---|---|---|
| Parents only | Everything | Nil | Nil |
| Spouse only | Nil | Everything | Nil |
| Children only | Nil | Nil | Everything |
| Parents and spouse | 1/2 | 1/2 | Nil |
| Spouse and children | Nil | 1/3 | 2/3 |
| Parents and children | 1/3 | Nil | 2/3 |
| Parents, spouse and children | 1/4 | 1/4 | 1/2 |
Based on section 6 of the Distribution Act 1958, which applies in Peninsular Malaysia and in Sarawak (other than to Sarawak natives) and does not apply to Muslims. Children includes descendants, so grandchildren may inherit in place of a deceased child. If none of these relatives survive, the estate passes to other relatives in order of priority and, failing them, to the government. Last updated 3 October 2026. This page is general information, not legal advice.
Other points to plan for. Jointly owned property may pass to the surviving owner outside the will, and nominations for EPF, insurance and similar accounts operate separately, so we review them together with your will. Land that goes unnoticed after a death can be forfeited if quit rent and assessment stop being paid.
Your contact partner. Ahmad Yani Aminuddin, Partner, is an Advocate and Solicitor of the High Court of Malaya (1998) who handles our will writing matters. See his profile. Professional fees depend on the complexity of your family and assets, and we give you a written estimate before we start.
Straight answers to the questions families ask us most often.
Speak to us about a will, in confidence. We act for individuals and families across Kuala Lumpur, Petaling Jaya and Ipoh.
Contact Our Will Writing Team →