Updated September 26, 2025 by Samantha

A will states how your assets are distributed after death, but it goes through probate and you can only have one. A trust lets you set aside assets for loved ones, works during your lifetime, and avoids the long probate process. Without a will, assets follow the Distribution Act, often delaying and complicating matters for your family.

The Importance of Writing a Will in Malaysia

Did you know that you can have only one will, but multiple trusts?

A will is a legal document that specifies how your assets — under your personal name — will be distributed after your passing. It clearly states who will inherit what and ensures your wishes are carried out smoothly.

Writing a will is essential because it helps speed up the probate process, reduces family conflicts, and avoids unnecessary legal complications. Without a will, your loved ones may face a tedious and costly process when distributing your estate, as it must follow Malaysia’s Distribution Act.

When you write a new will, it automatically revokes any previous version, meaning only the latest one is valid.

What Happens If You Don’t Have a Will?

If you pass away without a will, your assets will be frozen — including your bank accounts and jointly owned properties — until legal procedures are completed.

Through my experience , most common things happened is married couples jointly purchase property together and are both listed as borrowers on the housing loan. However, if one spouse passes away without a will, the surviving spouse must apply for a Letter of Administration (LA). This process is lengthy, costly, and stressful.

Even after obtaining the Letter of Administration, the surviving spouse may not automatically inherit the entire property.
According to the Distribution Act, part of the estate must also be distributed to other family members, such as the deceased’s siblings or parents.

As a result, what was once jointly owned by husband and wife now becomes shared with other family members, creating emotional and legal challenges during an already difficult time.

What Does a Will Include?

The process of writing a will is actually quite simple and straightforward.
A complete will typically includes:

1. A list of your assets (e.g., properties, bank accounts, investments)

2. The appointment of an executor (the person responsible for carrying out your wishes)

3. The naming of beneficiaries (those who will receive your assets)

4. The appointment of a guardian, if you have children under 18 years old

Many people don’t realize that before your assets can be distributed — whether you have a will or not — your outstanding debts must be settled first.

This means obligations like income tax, credit card debt, or personal loans will be deducted from your estate before your beneficiaries receive their inheritance.

Can You Have More Than One Will?

You can have only one valid will at any given time.
If you create a new will, it automatically revokes and replaces any previous versions.

However, you can have multiple trusts, which serve specific purposes such as education funds, asset protection, or long-term wealth transfer.

Whether you want to safeguard your family, expand your wealth, or explore new career paths, FTA is here to guide you every step of the way.

FTA Wealth Solutions is a one-stop financial consultancy in Malaysia, offering holistic services from financial planning and nomination to will writing. As an approved HRDF Corp (Human Resource Development Fund) training provider, we also deliver structured financial literacy and professional development programmes. With over 20 years of industry experience and partnerships with leading providers, we help Malaysians protect, grow, and secure their wealth with clarity and confidence.

Contact

5-1-3, Jalan 2/109F,
Danau Business Centre, Taman Danau Desa,
58100 Kuala Lumpur

Info

Resources

Social media

©  FTA WEALTH CONSULTANCY SDN BHD (1282048-A). All Rights Reserved.