Why It MattersThe Biggest Mistake Malaysians Make with Wills and How to Fix It
The Biggest Mistake Malaysians Make with Wills and How to Fix It
October 21, 2025
Will Writing Services
The Biggest Mistake Malaysians Make with Wills and How to Avoid It
In Malaysia, life moves fast—balancing work, family, and the daily grind in places like KL or Penang. Yet, when it comes to will writing, many people put it off, leading to serious issues for their loved ones.
The biggest mistake with wills is not having a will in the first place. This single oversight can disrupt your wishes and burden your family during tough times.
With Malaysia’s mix of civil and Syariah laws, plus assets like homes and EPF savings, will writing is essential for everyone. Let’s dive into the key mistakes, why they matter, and how to fix them, all in a straightforward way that fits Malaysia’s unique context.
Why Not Having a Will Causes Trouble
Picture passing away without a will. In Malaysia, your estate—your house, car, or savings—gets divided under the Distribution Act 1958. This law follows a fixed formula, splitting assets among your spouse, kids, or parents, often in ways you wouldn’t choose. For example, your home in Johor might go partly to a sibling, even if you wanted it for your children.
Without a will, your family faces a lengthy probate process, where courts decide who gets what. For Muslim families, Syariah law applies under the Islamic Family Law Enactment, but without clear instructions, even this can get messy, especially for blended families or those with overseas assets. Not having a will in the first place leaves your loved ones stuck, delaying access to funds when they need them most. A simple will, crafted with professional will writing services like CNB Amanah, can prevent these headaches by aligning with local laws.
The Problem with an Outdated Will
Got a will? That’s a great start. But if it’s been years since you looked at it, you’re at risk. Failing to keep your will up to date is a common mistake that can make your will nearly useless. Life in Malaysia changes quickly—new kids, marriages, divorces, or buying a condo in Mont Kiara. If your will doesn’t reflect these updates, it’s like using an old map to navigate new roads.
Here’s a big one: under Malaysian law, getting married cancels your existing will unless it was written with marriage in mind. So, your new spouse might miss out on what you intended. Regular reviews—every three to five years or after big life events—keep your will current. CNB Amanah professional will writing services make updates simple, ensuring your wishes stay clear.
Forgetting to Update Your Will: Small Oversights, Big Impact
Even worse than not updating is forgetting to update your will entirely. It’s easy to let it slip your mind, but small oversights can cause big problems. For example, if you named a friend as executor years ago and they’ve since moved abroad, your family could face delays when settling your estate.
Digital assets, like your Lazada seller account or cryptocurrency, are another trap. Many Malaysians forget to include these in their wills, leaving them locked away or unclaimed. If you have young kids, your will should also name a guardian to care for them if both parents pass away. Without this, courts decide, and it might not be your choice. Will writing with a professional service like CNB Amanah helps you cover these details, from digital assets to guardians, so nothing is missed.
Malaysia’s Unique Will Writing Challenges
Malaysia’s diverse culture and laws make will writing a bit trickier. For Muslims, Syariah-compliant wills (wasiat) must follow faraid principles while respecting personal wishes. Non-Muslims deal with the Wills Act 1959, but assets like a holiday home abroad can complicate things. Will writing in Malaysia for foreigners, like expats in Penang, needs extra care to align with local and international laws.
Then there’s the rise of online will writing in Malaysia. While these platforms seem easy, they often miss local details, leading to wills that don’t hold up in court. A recent study found over half of online wills had errors, like missing witnesses or unclear terms. Professional services, like those at CNB Amanah, ensure your will is solid, with proper witnessing and secure storage.
Simple Steps to Get It Right
Avoiding these mistakes is easier than you think. Here’s how to start:
- Write a Will Today: Don’t wait. A basic will can be done quickly with professional help. CNB Amanah’s advisors guide you through will writing, covering civil and Syariah needs.
- Check It Regularly: Review your will every few years or after big changes like marriage or new assets. Updates are fast and keep your will relevant.
- Think of Everything: Include digital assets, name guardians for kids, and pick a reliable, local executor. Add backups in case your first choice isn’t available.
- Choose Professionals: Avoid DIY errors. Professional will writing services ensure your will follows Malaysian laws and reflects your wishes.
- Store It Safely: Keep your will secure, like with a trustee service, and let your family know where it is. CNB Amanah offers storage to prevent loss.
Why It Matters
Without a will, your family could face long legal battles, delaying access to your assets. An outdated or incomplete will might mean your kids miss out or your spouse struggles. In Malaysia, where family ties are strong, these issues can turn grief into conflict. Proper will writing prevents this, protecting your legacy and your loved ones.
Take Action Now
Will writing isn’t just for the rich—it’s for anyone with a home, savings, or a small business. The biggest mistake with wills—not having a will in the first place—is easy to fix. So is failing to keep your will up to date or forgetting to update your will. With professional help, you can create a will that safeguards your family and honors your wishes.
At CNB Amanah, we make will writing in Malaysia simple and stress-free, tailored to our local laws and culture. Contact our team today for a consultation, and take control of your legacy.
Disclaimer: This article is for general information only and is not legal advice. Consult a professional for personalized guidance.
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