A divorce changes many aspects of a person’s legal and financial affairs, but one document that is often overlooked is the will.
A common assumption is that once a marriage ends, any will made during the marriage is automatically cancelled.
For non-Muslims in Malaysia, that assumption should not be made.
Table of Contents
Does Divorce Automatically Revoke a Will in Malaysia?
The Wills Act 1959 contains provisions on revocation of wills, including revocation by marriage in certain circumstances. Divorce itself is not stated as an automatic method of revoking the entire will.
Accordingly, if you made a will while married, you should not assume that the will simply disappears when the marriage is dissolved.
This is particularly important if your former spouse remains named in the will as a beneficiary, executor, trustee or recipient of a specific asset.
Why Should You Review Your Will After Divorce?
Divorce often changes the assumptions on which an earlier will was prepared.
1. Beneficiaries
If your former spouse remains expressly named as a beneficiary, the existing wording may no longer reflect what you intend.
2. Executor
If your former spouse is still appointed as executor, consider whether that remains appropriate and whether a replacement or substitute executor should be appointed.
3. Assets
A divorce may involve the sale, transfer or division of assets. A will that refers to an asset you no longer own may therefore need to be reviewed.
4. Children
If you have minor children, review any guardianship or trust provisions together with your current family arrangements and relevant court orders.
What Happens If You Do Nothing?
If the old will remains legally effective, its existing wording may continue to operate.
That can create unintended consequences, including a former spouse remaining named as beneficiary or executor, gifts referring to assets you no longer own, or provisions that no longer suit your family’s circumstances.
Does Remarriage Affect a Will?
This is different from divorce.
The Wills Act 1959 contains a specific rule that a will is generally revoked by a subsequent marriage, subject to statutory exceptions, including certain wills expressed to be made in contemplation of a particular marriage.
Anyone who remarries should therefore review their estate-planning documents.
When Else Should You Review Your Will?
Consider a review after marriage, divorce, birth or adoption of a child, death of a beneficiary or executor, acquisition or disposal of major property, migration, acquisition of foreign assets, or another major change in intended distribution.
Frequently Asked Questions
Does divorce automatically cancel my will in Malaysia?
You should not assume so. Divorce is not stated in the Wills Act 1959 as automatically revoking the entire will.
Can my former spouse still be named as a beneficiary?
Yes. If the former spouse remains expressly named in the existing will, the provision should be reviewed.
Can my former spouse remain my executor?
If the existing will still appoints the former spouse, the appointment should be reviewed and, if necessary, changed through a properly executed testamentary document.
Should I update my will immediately after divorce?
It is sensible to review it promptly once the divorce and any related property arrangements are sufficiently clear.
Can I prepare a completely new will?
Yes. A new will can be prepared to reflect your current beneficiaries, executor appointments and asset position.
View our Will Writing Services
Read: How to Write a Will in Malaysia
Read: What Happens If You Die Without a Will in Malaysia?
Read: Who Can Be a Witness to a Will in Malaysia?
This article is provided for general informational purposes only and does not constitute legal advice.