Malaysian Working in Singapore: Should You Make a Will in Malaysia?

Many Malaysians live or work in Singapore while continuing to own property, bank accounts, investments or other assets in Malaysia.

This naturally raises an important estate-planning question:

If I am living or working in Singapore, should I still make a Will in Malaysia?

For many people with Malaysian assets, the answer is worth serious consideration. Your place of employment or current residence does not, by itself, remove the need to plan how your Malaysian estate should be dealt with after your death.

Note: This article generally concerns Wills made by non-Muslims in Peninsular Malaysia. Cross-border estates can involve additional legal issues depending on where assets are located.

Can I Make a Malaysian Will If I Am Living in Singapore?

Generally, yes.

A Malaysian who is presently living or working in Singapore may still prepare a Will dealing with assets in Malaysia.

For example, you may continue to own a condominium in Johor Bahru or Kuala Lumpur, Malaysian bank accounts, shares, investments, vehicles or other assets even though you spend most of your time in Singapore.

A properly prepared Will allows you to record how you wish those assets to be administered and distributed after your death.

If you are based in Johor or frequently travel between Singapore and Johor Bahru, you may learn more about our Will Writing Lawyer in Johor Bahru services.

Why Consider a Malaysian Will?

Without a valid Will, a non-Muslim estate may be administered and distributed according to the applicable intestacy laws rather than according to the deceased person’s personal wishes.

A Will can allow you to appoint your preferred executor, identify your beneficiaries, provide specific gifts, appoint guardians for minor children where appropriate, create testamentary trusts and determine how the balance of your estate should be distributed.

For a more detailed explanation, see What Can I Include in My Last Will and Testament in Malaysia?.

What If I Own Assets in Both Malaysia and Singapore?

This is where additional care may be required.

A person may, for example, own Malaysian property and bank accounts while also holding Singapore bank accounts, investments, CPF-related interests or property in Singapore.

Whether one Will should cover everything, or whether separate Wills for different jurisdictions may be appropriate, depends on the person’s particular assets and circumstances.

Separate Wills should not simply be prepared independently without considering how they interact. In particular, care should be taken to avoid one Will unintentionally revoking or conflicting with another.

Where substantial assets are located in more than one country, coordinated legal advice in the relevant jurisdictions may therefore be appropriate.

What Should I Consider When Preparing My Malaysian Will?

Your Will should reflect your actual family and financial circumstances.

You may need to consider who should act as your executor, who should inherit your Malaysian assets, what should happen if a beneficiary dies before you, whether you have minor children, whether their inheritance should be held on trust, and whether any particular property or asset should be given to a specific beneficiary.

You should also consider how each asset is legally owned. Not every asset necessarily passes under a Will in the same manner.

Our Complete Guide to Writing a Will in Malaysia explains the Will-writing process in further detail.

Do I Need to Travel to Malaysia Just to Prepare My Will?

Not necessarily for every stage of the process.

The initial consultation, provision of information, drafting and review of your Will can often be handled remotely.

However, the final Will still has to be properly executed in accordance with the applicable legal requirements. Online consultation or electronic exchange of drafts does not, by itself, make a Will legally valid.

You can read more about how this works through our Online Will Writing Services in Malaysia.

What Happens to My Malaysian Will After I Pass Away?

After death, the executor appointed under the Will may need to apply for a Grant of Probate before dealing with certain Malaysian estate assets.

Obtaining Probate gives the executor the legal authority required to administer the estate, subject to the applicable law and circumstances.

If you are already dealing with the estate of a family member in Johor, you may refer to our Probate Lawyer in Johor Bahru page.

Should Malaysians Working in Singapore Review Their Existing Wills?

It is sensible to review your Will when there has been a significant change in your circumstances.

For someone living between Malaysia and Singapore, this may include acquiring property in either country, marriage or divorce, having children, starting a business, changes to beneficiaries or executors, or a substantial change in the location or value of your assets.

An old Will may remain legally significant even though it no longer reflects your present intentions.

Further reading: When Should You Review or Amend Your Will in Malaysia?

Will Writing for Malaysians Living or Working in Singapore

Living in Singapore does not necessarily mean that your Malaysian estate should be left unplanned.

If you continue to own property, investments, bank accounts or other assets in Malaysia, preparing a Malaysian Will can provide clearer instructions as to who should administer those assets and how they should ultimately be distributed.

TEH & YU assists clients with tailored Will Writing Services in Malaysia, including clients who are presently based outside Malaysia.

If you live or work in Singapore and would like to prepare or review a Malaysian Will, you may contact TEH & YU to discuss your estate and intended arrangements.

The information above is provided for general informational purposes only and does not constitute legal advice. Cross-border estate planning may involve Malaysian and foreign succession, probate, tax and other legal considerations. Specific advice should be obtained based on the assets and jurisdictions involved.