Top 10 Will writing Tips You Should Know Before Writing

Writing a will might seem like a daunting task, but it’s one of the most important things you can do to ensure your loved ones are taken care of after you’re gone. Here in Malaysia, it is essential to know the ins and outs to make sure your will is clear, legal, and reflects your wishes. Here are ten tips to help you navigate the process:

1. Understand Why a Will is Crucial

Let’s face it, none of us like to think about our mortality. But writing a will is about providing peace of mind. In Malaysia, if you don’t have a will, the Distribution Act 1958 takes over, and your estate might not be divided the way you would have wanted. Writing a will ensures that your assets go to the people you care about most.

Without a will, your loved ones could face lengthy legal processes to settle your estate, adding stress to an already difficult time. A will allows you to make your wishes clear, reducing the potential for family disputes and ensuring that your estate is handled efficiently.

2. Make a Detailed List of Your Assets

Before you start writing, take stock of everything you own. This includes your house, car, bank accounts, investments, jewellery, and even sentimental items. Knowing exactly what you have makes it easier to decide who gets what. Plus, it helps prevent any confusion or disputes later on.

Include digital assets like online accounts and digital currencies. As digital footprints grow, it is essential to manage these assets in your will. List your passwords and login information in a secure location, ensuring that your executor can access and manage your online presence.

3. Decide Who Will Inherit Your Assets

Think carefully about who you want to leave your assets to. This could be family, friends, or even charities. Be specific to avoid any misunderstandings. If you have complex family dynamics or special wishes for certain items, make those clear in your will.

Consider creating a list of personal items and assigning them to specific individuals. This can include heirlooms, jewellery, and other valuables. Be explicit in your instructions to prevent disputes and ensure that your sentimental items go to the right people.

4. Choose a Trustworthy Executor

The executor is the person who will carry out the terms of your will. This should be someone you trust to handle your affairs responsibly. It is a good idea to talk to them beforehand to make sure they are willing to take on this role. If you’re unsure, you can also appoint a professional executor like a lawyer or a trust company.

Your executor will be responsible for paying debts, managing your assets, and distributing your estate. It’s a demanding role, so choose someone who is organized, reliable, and capable of handling financial matters. A professional executor can provide neutrality and expertise, especially in complex estates.

5. Appoint a Guardian for Your Minor Children

If you have children who have not yet attained the age of majority, you need to decide who will take care of them if something happens to you. This is a big decision, so choose someone who shares your values and whom you trust completely. Make sure to discuss this with the person you’re considering to ensure they’re up for the task.

Consider creating a letter of wishes to accompany your will. This letter can provide additional guidance to your guardian, outlining your hopes and expectations for your children’s upbringing, education, and care. It’s a personal touch that can help ensure your children are raised in a manner that reflects your values.

6. Know the Legal Requirements

In Malaysia, your will needs to meet certain legal criteria to be valid. This means you need to sign it in front of two witnesses who aren’t beneficiaries or the spouses of beneficiaries. These witnesses also need to sign the will. Getting this right is crucial, so consider consulting with a lawyer to ensure everything is in order.

Additionally, ensure your will is clear and unambiguous. Avoid vague language and ensure your intentions are explicitly stated. Any ambiguity can lead to legal challenges and delays in executing your will, potentially causing distress for your loved ones.

7. Keep Your Will Updated

Life is full of changes—marriage, divorce, the birth of a child, or even a significant purchase or sale of an asset. Your will should reflect these changes. Make it a habit to review your will regularly and update it as needed so it always aligns with your current wishes.

Consider setting a reminder to review your will annually or biannually. Regular updates ensure that your will remains relevant and reflects your current financial situation, relationships, and wishes. This proactive approach helps prevent future complications.

However, it is important to note that a will is automatically revoked if you get married, remarry, or convert to Islam. 

8. Communicate with Your Family

Although your will is a personal document, it’s a good idea to discuss your wishes with your family. This can prevent misunderstandings and conflicts down the road. Clear communication ensures that everyone knows what to expect and respects your decisions.

Family meetings can be a good opportunity to explain your decisions and address any concerns. Transparency helps maintain family harmony and ensures that your loved ones understand your wishes, reducing the potential for disputes after your passing.

9. Seek Professional Help

Writing a will can be complicated, especially if you have a lot of assets or specific wishes. Consulting with a lawyer or a professional will writer who specialises in estate planning can make the process smoother and give you peace of mind. They can help you navigate the legal requirements and ensure your will is both comprehensive and enforceable.

Estate planning professionals can also advise on setting up trusts, handling business interests, and planning for potential incapacity. Their expertise ensures that your estate plan is robust, legally sound, and tailored to your specific needs and circumstances.

10. Consider Setting Up a Trust for Your Assets

While a will outlines how your assets will be distributed after your passing, setting up a trust can offer additional control and protection for your estate. A trust allows you to manage how and when your beneficiaries receive certain assets, which can be particularly useful if you have minor children or beneficiaries who may not yet be ready to handle large sums of money. Trusts also help avoid the probate process, ensuring a smoother and quicker transfer of assets to your heirs, while providing privacy in the distribution of your estate.

Consulting with a legal expert to explore whether a trust is suitable for your situation can add another layer of security to your estate planning. Trusts provide flexibility and peace of mind, ensuring your assets are handled exactly as you intended.

Conclusion

By following these tips, you can create a will that clearly outlines your wishes and provides peace of mind for you and your loved ones. Taking the time to plan and write your will is a responsible and caring act that can greatly ease the burden on your family during a difficult time. Remember, it’s not just about the legalities—it’s about ensuring your legacy and protecting those you care about.

Writing a will is a vital step in your life’s journey. It’s about making sure your loved ones are taken care of and that your legacy lives on according to your wishes. By being proactive and thorough, you can leave behind not just material wealth but a testament to your love and care for your family and friends.

Ready to secure your family’s future? At CNB Amanah, we understand that writing a will is more than just a legal requirement—it’s a way to care for your loved ones even after you’re gone. Our team of experienced professionals is here to help you navigate the complexities of will writing and ensure that your wishes are clearly documented and legally binding.

Don’t leave your family’s future to chance. Contact CNB Amanah today to schedule a consultation and take the first step in safeguarding your legacy. Your peace of mind starts with a well-prepared will, and we’re here to make the process as smooth and straightforward as possible. Let us help you protect what matters most.