Rockwills2u.com.my - Frequent Ask Questions

Under what situation the Court will not require an administration bond (surety) when applying for letter administration?
The administration bond can be waived when

the gross value of the estate does not exceed RM 50,000.00.
the administrator is a trust corporation.
the administrator is the sole beneficiary.
the Court waiver – full or partial. This is at the discretion of the Court.

I am going to inherit some assets from my father when he passed on in future. Can I specify them in my Will even though I do not own the assets at the point when I write my Will?
Yes, you can. This because one of the characteristics of a Will is that it only takes effect upon death. As such, even though the assets do not belong to you at the time of writing your Will, they may belong to you at the time of your death, in which case you can pass them on to your beneficiaries.
I have a house under joint name with my husband. Can I will my share of the house away to whoever I wish?
Yes, you can will away your share of the house.
At what age will my children inherit my property?
A person is legally capable of holding property upon attaining the age of 18. If you want your children to inherit later then it should be expressly stated in your Will the age which they should inherit.
I was working in USA for five years, and had written a Will there. Now I am back in Kuala Lumpur. Is my Will recognized by the Court in Malaysia?
It will be recognized by the Courts here if the Will was made in accordance with the manner required by the Wills Act 1959 in Malaysia, or the laws of the USA pertaining to the Wills.

Can one of my beneficiaries be the executor, trustee and guardian in my Will?
Yes, you can. However, for check and balance, it is always advisable to appoint a guardian who does not perform the duty of a trustee.
I am an orphan. My mother never came back after leaving me with my nanny, who has raised me since then. My nanny is rather old now and dependent on me. When I am gone, will she benefit from my assets?
No, she would not. You need to write a Will, named your nanny as a beneficiary. If you are not married and do not have next of kin, your assets will go to the go the government.
I want everything I own to my children but I plan to have one or two more children in the near future, does it mean I have to rewrite my Will every time I have a new child?
No. You can include the clause en ventre sa mere which means future children as well.
I am an illegitimate child and my father, who died recently, was an orphan. He did not leave a Will. Am I able to claim from his estate as I am his only child? My mother is married to someone else and lives in another country.
According to the law, you will not be entitled to claim from your father’s estate as you are illegitimate, but you can claim from your natural mother’s estate provided she does not have any other legitimate children.
I don’t want my husband to inherit a single cent from my estate but I was told that I should give him at least RM 1.00 under my Will to prevent him challenging my Will. Is this true?
Any amount given to your husband will not prevent him challenging your Will. It is not necessary to give anything to your husband if you do not wish to. However, you should state a reason in your Will why you exclude him and state in your Will that you are aware of leaving nothing to your husband.
If I have nominated my parents as the beneficiaries for my EPF account, can I subsequently will it away to my spouse? Can my Will revoke the nomination I made earlier?
No, your beneficiary in your Will will not be able to revoke your earlier nomination made in EPF account. Under the EPF regulations, a Will cannot revoke an earlier nomination. To revoke the earlier nomination, you have to use the prescribed form provided by the EPF Board. However, if you have withdrawn the approval portion of your account to invest in unit trust, this portion can be willed away.
Can a beneficiary or his/her spouse be a witness in a Will?
No, a beneficiary or his/her spouse must not be a witness in a Will. If he/she does, then he/she will lose his/her share in the Will. However, this will not affect the validity of the Will.
Is it true that the consent from all the legal beneficiaries to the estate of the deceased in case of intestacy required before the administrator can be appointed?
Yes, the consent from all members of the family is required. Any beneficiaries who are not applying to become the administrator will have to renounce his/her right to the appointed administrator.
Who can write a Will?
Any Malaysian had attained the age of 18 for Peninsular Malaysia and Sarawak. For Sabahan, the minimum age is 21.
Can I appoint guardians for my children and make a prearrangement to pay my guardian in the Will?
Yes, you can appoint guardians for your young children in a Will. As for payment to the guardian, special instruction can be drafted in your Will to pay them periodic payments only if they act.
I understand that guarantors are required for the application of a Letters of Administrator (LA) if one passed on without a Will?
Yes, the administrator must get two guarantors to sign the administration bond before LA can be extracted and the guarantors must have assets within the jurisdiction equivalent to the gross value of the deceased’s estate.
I was advised that I should not appoint the same person in my Will as my Trustee and Guardian, what is the reason for this?
The role of your Trustee is to hold on trust your moneys and other assets for your minor children while your Guardian is to take care of the welfare of your minor children. Thus, it is always wise to have different persons to ensure there is counter-checking.
Under what circumstance a testator need to appoint a Guardian and Trustees?
When there is a minor beneficiary named in the Will, the Trustees will hold on trust till beneficiary has attained the age of 21 and a Guardian is to take care of the minor children if both parents predeceased.
Do I have control of my assets when I write my Will?
Certainly, a Will will only take effect upon your death.
Can I donate a specific amount to charity?
Yes, you can mention the specific amount for donation. However, you need to name the charity that you want to benefit in your Will.

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If you have any queries on Will-Writing, please call us 03-7877 9939 or e-mail alvinleow@rockwills2u.com.my