My Father Wrote a Will, But Siblings Still Fight: A Case Study on Will Validity in Malaysia

Inheritance Case Scenario: When a Written Will Isn’t Enough to Stop Family Disputes

In Malaysia, many believe that once a will is signed, the distribution of assets is guaranteed. However, a will is a legal document that can be contested if it is not prepared with professional rigour. At CNB Amanah, we frequently encounter families where a father’s well-intended “simple will” becomes the spark for a multi-year courtroom battle.

Understanding the validity of a will is crucial. If a document lacks professional oversight, it may fall victim to legal challenges that drain the estate’s value and destroy family harmony.

The Case of Mr. Tan: The Danger of DIY Will Kits

Case Example:

Mr. Tan, a successful entrepreneur in Kuala Lumpur, wanted to save time and keep his affairs private. He used a DIY will kit found online to distribute his estate. He decided to leave the family home to his youngest daughter, who had cared for him in his final years, while his business interests were divided among his sons.

After Mr. Tan passed away, his sons felt the distribution was unfair. They hired a lawyer to challenge the validity of the will in court. They argued that Mr. Tan lacked the testamentary capacity (sound mind) at the time of signing and claimed the witnesses were not present simultaneously as required by the Wills Act 1959.

Because the will was a self-prepared document without a professional “certificate of soundness” or independent witnesses, the family was dragged into four years of probate litigation. By the time the case was settled, 20% of the estate had been spent on legal fees, and the siblings were no longer on speaking terms.

Common Reasons Siblings Fight Over Assets in Malaysia

When an inheritance case scenario reaches the court, it is usually based on one of three primary legal challenges:

• Lack of Testamentary Capacity: Heirs may claim the deceased suffered from dementia or mental decline, making them incapable of understanding the document they signed.
• Undue Influence: It is often alleged that one beneficiary coerced or manipulated the parent into changing the will in their favour.
• Technical Non-Compliance: Many DIY wills fail because they do not meet the strict legal requirements of the Wills Act 1959 regarding signatures and independent witnesses.

The Role of a Professional Corporate Executor

In the case of Mr. Tan, the dispute was worsened because he had appointed a family member as the executor. This created a direct conflict of interest and fostered distrust among the siblings.

By appointing CNB Amanah as a professional corporate executor, you ensure that the administration of your estate is handled by a neutral, expert third party. This removes the emotional “target” from your children’s backs and ensures that asset distribution follows the letter of the law without bias.

Protecting Your Legacy with a Family Trust

For families with significant assets or complex dynamics, a will alone may not be sufficient. Structured trust services, such as a family trust in Malaysia, provide a higher level of protection. Unlike a will, which becomes a public document during probate, a trust is private and much harder to contest in court.

A trust allows for the immediate transition of wealth, ensuring your beneficiaries are cared for without waiting for a Grant of Probate from the High Court.

Taking the Next Step: Professional Will Writing

The lessons from Mr. Tan’s case are clear: professional oversight is not an expense, it is an investment in your family’s peace of mind. Engaging professional will writing services ensures that your intentions are documented in a way that is legally sound and resistant to challenges.

Frequently Asked Questions

Can a will be contested even if it is signed?

Yes. A will can be contested in Malaysia on grounds of mental incapacity, undue influence, or if the document fails to meet the legal standards of the Wills Act 1959.

What is testamentary capacity?

It refers to the legal and mental ability of a person to create a valid will. Professionals often recommend a medical check-up before signing to prevent future disputes.

Why is a DIY will risky?

DIY kits often lack specific legal clauses required for complex estates and do not provide the independent, professional witnessing necessary to prove the will’s validity in court.

How does a trust differ from a will?

A will takes effect only after death and must go through probate. A family trust can be active during your lifetime and allows for more private and efficient wealth succession.

For further enquiries or personalised assistance, reach out to CNB Amanah via our official contact channels.