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4–5 minutes

Why Malaysians Avoid Writing a Will (And Why You Shouldn’t)

Introduction: “Later Only Lah…”

If you’ve ever said, “I’ll write my will later, still young what,” then this post is for you. Wills in Malaysia are often misunderstood, ignored, or delayed—until it’s too late. Sadly, this procrastination can lead to family disputes, frozen assets, and unnecessary legal headaches.

Let’s debunk the myths, explore why so many Malaysians avoid writing a will, and why having one is one of the most powerful acts of love and legacy planning you can do.


1. Why Malaysians Avoid Writing a Will

a. “I’m still young. Not going to die anytime soon.”

Many Malaysians think wills are only for retirees or terminal patients. But death doesn’t come with an appointment. Writing a will isn’t about expecting to die—it’s about being responsible if you unexpectedly do.

Case Study:
A 35-year-old entrepreneur with two young children died in a car accident. He had multiple properties and a business partnership. No will. It took the family over 3 years to get access to his bank accounts and resolve business matters through court.

b. “I don’t have much, why bother?”

Even if you don’t own property, you might have:

  • EPF savings
  • Insurance payouts
  • Car or motorbike
  • Digital assets (yes, crypto counts too!)
  • Children

All of these need legal direction in case something happens to you.

Did You Know?
If you pass away without a will in Malaysia (i.e. intestate), your estate will be distributed based on the Distribution Act 1958—which may not reflect your wishes. Your spouse may not get everything, and your children might get more than you intended.

c. “I already told my family what to do.”

Verbal instructions mean nothing in the eyes of the law. A legal will gives you control over how your estate is distributed and who should take care of your dependents. If you don’t appoint an executor or guardian, the court decides.

d. “Too expensive or complicated lah.”

In reality, writing a basic will in Malaysia can cost as little as RM300 to RM1,000. That’s less than what many spend on a new phone case or weekend getaway. And trust us—it’s far more useful.


2. What Happens If You Die Without a Will in Malaysia?

When someone dies intestate:

  • The family must apply for Letters of Administration (LA)—a court process that can take 6–12 months or more.
  • The estate is distributed according to the Distribution Act 1958.
  • If there are disputes, it can drag for years.
  • Bank accounts, properties, and investments are frozen in the meantime.

Table: Difference Between Dying With a Will vs. Without a Will

With a WillWithout a Will (Intestate)
Legal ProcessGrant of Probate (faster)Letters of Administration (slower)
DistributionAs per your wishesAs per Distribution Act 1958
CostsLower legal feesHigher legal fees, more paperwork
Time~3-6 months~6-18 months or longer
Guardian for KidsYou decideCourt decides
ExecutorYou appoint someone you trustCourt appoints based on application

3. What Should a Will Include?

A valid will in Malaysia should contain:

  • Your full name and IC number
  • A clear list of your assets (properties, vehicles, investments, etc.)
  • Names of beneficiaries (who gets what)
  • An appointed executor (someone to carry out your instructions)
  • Guardian for any minor children
  • Signatures of you and two witnesses (who are not beneficiaries)

Optional but helpful:

  • Personal letters to family
  • Instructions for digital assets
  • Funeral or religious preferences

4. FAQs About Wills in Malaysia

Q: Can I write my will myself?
Yes, it’s called a holographic will. But be careful—if it’s not properly signed or witnessed, it may be invalid or challenged. It’s safer to use a professional will writer.

Q: Does a Muslim need a will?
Muslim estates are governed by Faraid (Islamic inheritance law), but Muslims can still write a will for up to 1/3 of their estate for non-Faraid distribution (e.g., to charity or adopted children).

Q: What if I have assets overseas?
It’s best to have a separate will in that country, or a will that includes international clauses. Estate planning can be done globally—but needs careful structuring.


5. Writing Your Will: What You Can Do Today

  • Step 1: List your assets and liabilities. Know what you own and owe.
  • Step 2: Decide who you want to inherit your assets.
  • Step 3: Choose a reliable executor and, if applicable, guardian for your children.
  • Step 4: Engage a professional will writer or financial planner to guide you.
  • Step 5: Review your will every 2–3 years or after major life events (e.g., marriage, childbirth, divorce).

6. Bonus: What Else Can You Do to Protect Your Legacy?

  • Set up a trust: Especially helpful if you have underage children, disabled dependents, or blended families.
  • Nominate beneficiaries: For EPF, insurance policies, PRS, and bank accounts.
  • Consolidate and communicate: Make sure your executor knows where your will is stored and how to access your key information.

Conclusion: Don’t Leave Chaos Behind

Writing a will isn’t morbid—it’s responsible. It’s one of the greatest gifts you can give your family: peace of mind, clarity, and direction. So don’t wait for “later only lah.” Take action today. Drop me a message.

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About the blog

The Mindful Money Path is created to empower Malaysians in building financial resilience and ultimately financial freedom by navigating through the arduous journey of financial literacy and planning.

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