What Makes a Will Legally Valid in Malaysia?

Writing a will can be really easily, especially your first.

Some of the first questions I get asked when I talk to people about the topic of will:

• “Can I just write it myself?” - Yes

• “Do I need a lawyer?” - No

• “Do I need someone to certify it?” - No

Under the Wills Act 1959 (that’s the law governing wills in Malaysia for non-Muslims), there are just 3 requirements (really):

1. You must be at least 18 years old.

This one’s straightforward—if you’re legally an adult, you’re eligible to make a will.

2. You must be of sound mind.

Meaning: you understand what a will is, what assets you own, and who you want to give them to.

This means:

• You understand what a will is and why you’re writing one.

• You know what assets you own.

• You’re aware of who you want to leave your belongings to—and why.

If you’re capable of making everyday decisions on your own, you likely meet this requirement.

But to avoid challenges later, it’s good to write your will when you’re clearly in good mental health—not during periods of illness, stress, or confusion.

Again, if you're still reading to this point, you’re good.

3. It must be in writing, signed, and witnessed by two people.

This is the most important part. For your will to hold up in court:

• Your will must be physically signed by you. Wet ink is ideal—digital signatures don’t count. After watching you sign, the witnesses must also sign the will in your presence.

• Your two witnesses must be present in the same room when you sign. No video calls. No separate signings. It needs to happen in person.

• Witnesses should not be beneficiaries (don’t ask someone who’s getting your stuff to witness it—it’ll cause problems). Friends, especially best friends work great. The reason is simple, if a witness may benefit from your will, it opens up a chance for fraud.

  
  

And that’s it.

No need to notarize it like a tenancy agreement or loan document.

No need to stamp it like a contract.

No need to register it with any government body. Just make sure it's stored where your executor has access to on the day when it's needed.

Your paper will is legally binding the moment it’s signed and properly witnessed.

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At this point, you might wonder why you'd even need a platform like Heyimwill to link you up with a lawyer. Like a contract, a template may do for most cases. But in the rare cases when things go south, you'd wished you seek for professional advice. And for the price point that we can get an estate lawyer at today, it's possibly one of the best value you could spend your money on at this point in time.

A will is “valid” doesn’t mean it’s strong.

• You might accidentally leave out important assets.

• You might word things in a way that causes confusion or conflicts.

Lawyers don’t just make sure your will is valid—they make sure it’s clear, complete, and designed to avoid disputes. Think of it as insurance against future drama.

Writing a will might feel like something for “later”—but the truth is, getting it done now is one of the most responsible things you can do.

And having heard so many horror stories of families being torn apart, I strongly suggest that you start taking an interest in your estate starting today.

Start simple. Stay protected. Leave no doubt to your loved ones for when that day comes.