Protect Your Malaysian Assets with a Lawyer-Drafted Will
If you are a foreigner, expatriate, permanent resident, Malaysia My Second Home (MM2H) participant, foreign spouse, investor, property owner or business owner living in Malaysia, having a properly drafted Will can make a significant difference to your family and beneficiaries.
Many foreigners assume that their overseas Will is enough. However, if you own assets in Malaysia, such as a property, bank account, company shares, vehicle, refundable deposits, digital accounts or other local assets, your family may face unnecessary difficulty, delay and cost if your estate planning is not properly arranged.
At TEH & YU, we assist foreigners and expats in preparing clear, practical and lawyer-drafted Wills for Malaysian assets and family arrangements. Our focus is to help you record your wishes clearly, reduce uncertainty for your loved ones, and make the future estate administration process more manageable.
Speak to us if you are a foreigner or expat who needs a Will in Malaysia. [Contact Us on WhatsApp / Book a Consultation]
Many foreigners assume that their overseas Will is enough. However, if you own assets in Malaysia, such as a property, bank account, company shares, vehicle, refundable deposits, digital accounts or other local assets, your family may face unnecessary difficulty, delay and cost if your estate planning is not properly arranged.
At TEH & YU, we assist foreigners and expats in preparing clear, practical and lawyer-drafted Wills for Malaysian assets and family arrangements. Our focus is to help you record your wishes clearly, reduce uncertainty for your loved ones, and make the future estate administration process more manageable.
Speak to us if you are a foreigner or expat who needs a Will in Malaysia. [Contact Us on WhatsApp / Book a Consultation]
Why Foreigners in Malaysia Should Consider Making a Will?
A Will is not only for Malaysians. If you are a foreigner with assets or personal arrangements in Malaysia, a Will can help you state clearly:
Without a Will, your loved ones may need to go through a more complicated estate administration process. In many cases, this can involve additional documentation, family coordination, legal procedures and delays, especially where family members or beneficiaries are overseas.
For foreigners, a properly drafted Will can be especially important because there may be cross-border issues involving different countries, different legal systems, foreign beneficiaries, overseas documents, foreign tax matters and assets located in more than one jurisdiction.
- who should inherit your Malaysian assets;
- who should act as your executor;
- how your property, bank accounts and personal assets should be dealt with;
- what should happen to company-related entitlements, deposits, refunds or outstanding monies;
- whether any professional should be appointed to assist your executor;
- how your residuary estate should be distributed; and
- whether your Malaysian Will is intended to cover only Malaysian assets or your worldwide assets.
Without a Will, your loved ones may need to go through a more complicated estate administration process. In many cases, this can involve additional documentation, family coordination, legal procedures and delays, especially where family members or beneficiaries are overseas.
For foreigners, a properly drafted Will can be especially important because there may be cross-border issues involving different countries, different legal systems, foreign beneficiaries, overseas documents, foreign tax matters and assets located in more than one jurisdiction.
Who Should Consider Our Foreigner / Expat Will Writing Service?
Our Will writing service may be suitable if you are:
- a foreigner living, working or retiring in Malaysia;
- an expat employed by a Malaysian company or multinational company;
- a foreign spouse married to a Malaysian citizen;
- an MM2H participant;
- a foreign investor with assets in Malaysia;
- a foreigner who owns property in Malaysia;
- a foreign director, shareholder or business owner;
- a foreign parent with children or family members in Malaysia;
- a foreigner with Malaysian bank accounts, EPF savings, insurance policies or investment accounts;
- a foreigner who wants a separate Malaysian Will for Malaysian assets; or
- a person who already has a Will overseas but needs to deal specifically with Malaysian assets.
Can a Foreigner Make a Will in Malaysia?
Yes. In general, a non-Muslim foreigner may prepare a Will in Malaysia for assets located in Malaysia, provided that the Will complies with the relevant legal requirements and is properly drafted and executed.
A Will for a foreigner should be carefully prepared to avoid uncertainty, especially where the person already has a Will in another country. The Malaysian Will should be drafted in a way that avoids accidentally revoking or conflicting with an existing overseas Will, unless that is the testator’s clear intention.
This is why many foreigners prefer to prepare a separate Malaysian Will to cover Malaysian assets only, while keeping their overseas Will for assets in their home country or other jurisdictions.
A Will for a foreigner should be carefully prepared to avoid uncertainty, especially where the person already has a Will in another country. The Malaysian Will should be drafted in a way that avoids accidentally revoking or conflicting with an existing overseas Will, unless that is the testator’s clear intention.
This is why many foreigners prefer to prepare a separate Malaysian Will to cover Malaysian assets only, while keeping their overseas Will for assets in their home country or other jurisdictions.
What Assets Can Be Covered in a Malaysian Will?
Depending on your instructions, your Will may cover assets such as:
For foreign clients, we usually recommend making the scope of the Will very clear, especially whether the Will covers: -
This helps reduce the risk of conflict between your Malaysian Will and any existing or future Will made in another country.
- landed property, condominium units, apartments or other real estate in Malaysia;
- Malaysian bank accounts;
- company shares or business interests;
- vehicles;
- investment accounts;
- monies owed by an employer or company, including unpaid salary, bonuses or unutilised leave payment;
- EPF savings, subject to nomination rules and applicable procedures;
- insurance proceeds, subject to nomination and policy terms;
- refundable deposits, credit balances and utility account refunds;
- mobile phone, internet and other service account balances;
- Touch ’n Go eWallet, Grab account balances and similar digital wallet balances;
- personal belongings, jewellery, watches and valuables;
- documents, records and digital information; and
- residuary estate after payment of debts, liabilities and estate expenses.
For foreign clients, we usually recommend making the scope of the Will very clear, especially whether the Will covers: -
- Malaysian assets only; or
- worldwide assets.
This helps reduce the risk of conflict between your Malaysian Will and any existing or future Will made in another country.
Our Will Writing Services
Our firm provides comprehensive Will Writing and Estate Planning services designed to give you peace of mind. Whether you need help drafting a clear and legally valid Will, guidance on distributing your assets, properties, and investments, or long-term estate planning for families with businesses or multiple properties, we ensure your wishes are protected and your loved ones are taken care of.
Related Resources: -
Related Resources: -
- Check out our Step-by-Step Guide to Writing a Will in Malaysia for practical tips and legal requirements.
- Discover the Importance of Will Writing in Malaysia and how it safeguards your family’s future.
- Learn What Happens If You Die Without a Will in Malaysia under the intestacy laws.
- Looking for a faster option? We also offer Online Will Writing services for clients who prefer to draft their wills from the comfort of their home.
Our Will Writing Process for Foreigners and Expats
Step 1: Initial Consultation
We will first understand your background, nationality, family structure, asset location, existing Wills, intended beneficiaries and any specific concerns.
Step 2: Review of Your Asset List and Instructions
We will ask you to provide details of your Malaysian assets and, where relevant, your overseas assets. You do not need to disclose unnecessary private information, but the asset list should be clear enough for proper drafting.
Step 3: Advice on Scope of the Will
We will discuss whether your Will should cover Malaysian assets only or worldwide assets, and whether any existing overseas Will needs to be preserved.
Step 4: Drafting of Your Will
Our lawyers will prepare a draft Will based on your instructions, with clear clauses on appointment of executor, distribution of assets, residuary estate and other relevant matters.
Step 5: Review and Revisions
You will have the opportunity to review the draft and provide comments. We will refine the wording where necessary so that the Will reflects your actual intention.
Step 6: Signing and Witnessing
We will guide you on the proper signing process. For a Will to be effective, the execution process is important and must be handled carefully.
We will first understand your background, nationality, family structure, asset location, existing Wills, intended beneficiaries and any specific concerns.
Step 2: Review of Your Asset List and Instructions
We will ask you to provide details of your Malaysian assets and, where relevant, your overseas assets. You do not need to disclose unnecessary private information, but the asset list should be clear enough for proper drafting.
Step 3: Advice on Scope of the Will
We will discuss whether your Will should cover Malaysian assets only or worldwide assets, and whether any existing overseas Will needs to be preserved.
Step 4: Drafting of Your Will
Our lawyers will prepare a draft Will based on your instructions, with clear clauses on appointment of executor, distribution of assets, residuary estate and other relevant matters.
Step 5: Review and Revisions
You will have the opportunity to review the draft and provide comments. We will refine the wording where necessary so that the Will reflects your actual intention.
Step 6: Signing and Witnessing
We will guide you on the proper signing process. For a Will to be effective, the execution process is important and must be handled carefully.
Frequently Asked Questions (FAQs) on Will Writing in Malaysia for Foreigners
Q1: Can a foreigner make a Will in Malaysia?
Yes. A non-Muslim foreigner may generally make a Will in Malaysia for assets located in Malaysia, provided that the Will is properly drafted and executed in accordance with the applicable legal requirements.
Q2: Do I need a Malaysian Will if I already have a Will overseas?
You may still need a Malaysian Will if you have assets in Malaysia. Your Malaysian Will should be carefully drafted so that it does not unintentionally revoke or conflict with your overseas Will.
Q3: Should my Malaysian Will cover only Malaysian assets?
Many foreigners choose to have a Malaysian Will that covers Malaysian assets only. This may reduce confusion if you already have another Will covering assets in your home country or elsewhere.
Q4: Can I include my Malaysian property in my Will?
Yes. You can include Malaysian property in your Will. The Will should clearly state whether the property is to be transferred, sold, held on trust or distributed to specific beneficiaries.
Q5: Can my executor be overseas?
It may be possible, but it is important to consider practical issues. An overseas executor may need to sign documents, deal with Malaysian lawyers, banks, land offices and court procedures. In some cases, appointing a local or substitute executor may be more practical.
Q6: Can my beneficiaries be foreigners?
Yes, beneficiaries may be foreigners. However, practical and legal issues may arise depending on the nature of the asset, the beneficiary’s location and any applicable laws or restrictions.
Q7: What happens if I die without a Will in Malaysia?
If you pass away without a Will, your estate may need to be administered under the applicable intestacy process. This may involve more steps, more family coordination and possible delays, especially if beneficiaries or next-of-kin are overseas.
Q8: Can I appoint a guardian for my children in my Will?
You may record your wishes regarding guardianship in your Will. This should be carefully drafted, especially where the children, parents or proposed guardians are in different countries.
Q9: Can I include Employees Provident Fund (EPF) or insurance in my Will?
This depends on whether valid nominations have been made and the rules applicable to the relevant institution or policy. Your Will should be drafted carefully so that it does not conflict with existing nomination arrangements.
Q10: How often should I update my Will?
You should review your Will whenever there is a major life change, such as marriage, divorce, birth of a child, death of a beneficiary or executor, purchase or sale of property, relocation to another country, or significant change in assets.
Q11: Can I update my Will in the future?
Yes. You may create a new Will at any time, and the latest Will automatically revokes the previous one.
Q12: Do I need a lawyer to prepare my Will?
Although you can write your own Will, engaging a lawyer ensures it is legally valid, clearly drafted, and fully enforceable in court.
Q13: What does an executor do in a Will?
An executor is the trusted person you appoint to manage your estate, carry out your wishes, and oversee the distribution of your assets.
Q14: How much does Will Writing cost in Malaysia?
The cost depends on the complexity of your estate. Professional Will Writing by a lawyer offers peace of mind. Contact us for a transparent quotation.
Q15: What types of assets can I include in my Will?
You may include property, bank accounts, investments, shares, vehicles, jewellery, and personal belongings. Some assets, such as EPF nominations or insurance policies, may be governed by their own rules.
Yes. A non-Muslim foreigner may generally make a Will in Malaysia for assets located in Malaysia, provided that the Will is properly drafted and executed in accordance with the applicable legal requirements.
Q2: Do I need a Malaysian Will if I already have a Will overseas?
You may still need a Malaysian Will if you have assets in Malaysia. Your Malaysian Will should be carefully drafted so that it does not unintentionally revoke or conflict with your overseas Will.
Q3: Should my Malaysian Will cover only Malaysian assets?
Many foreigners choose to have a Malaysian Will that covers Malaysian assets only. This may reduce confusion if you already have another Will covering assets in your home country or elsewhere.
Q4: Can I include my Malaysian property in my Will?
Yes. You can include Malaysian property in your Will. The Will should clearly state whether the property is to be transferred, sold, held on trust or distributed to specific beneficiaries.
Q5: Can my executor be overseas?
It may be possible, but it is important to consider practical issues. An overseas executor may need to sign documents, deal with Malaysian lawyers, banks, land offices and court procedures. In some cases, appointing a local or substitute executor may be more practical.
Q6: Can my beneficiaries be foreigners?
Yes, beneficiaries may be foreigners. However, practical and legal issues may arise depending on the nature of the asset, the beneficiary’s location and any applicable laws or restrictions.
Q7: What happens if I die without a Will in Malaysia?
If you pass away without a Will, your estate may need to be administered under the applicable intestacy process. This may involve more steps, more family coordination and possible delays, especially if beneficiaries or next-of-kin are overseas.
Q8: Can I appoint a guardian for my children in my Will?
You may record your wishes regarding guardianship in your Will. This should be carefully drafted, especially where the children, parents or proposed guardians are in different countries.
Q9: Can I include Employees Provident Fund (EPF) or insurance in my Will?
This depends on whether valid nominations have been made and the rules applicable to the relevant institution or policy. Your Will should be drafted carefully so that it does not conflict with existing nomination arrangements.
Q10: How often should I update my Will?
You should review your Will whenever there is a major life change, such as marriage, divorce, birth of a child, death of a beneficiary or executor, purchase or sale of property, relocation to another country, or significant change in assets.
Q11: Can I update my Will in the future?
Yes. You may create a new Will at any time, and the latest Will automatically revokes the previous one.
Q12: Do I need a lawyer to prepare my Will?
Although you can write your own Will, engaging a lawyer ensures it is legally valid, clearly drafted, and fully enforceable in court.
Q13: What does an executor do in a Will?
An executor is the trusted person you appoint to manage your estate, carry out your wishes, and oversee the distribution of your assets.
Q14: How much does Will Writing cost in Malaysia?
The cost depends on the complexity of your estate. Professional Will Writing by a lawyer offers peace of mind. Contact us for a transparent quotation.
Q15: What types of assets can I include in my Will?
You may include property, bank accounts, investments, shares, vehicles, jewellery, and personal belongings. Some assets, such as EPF nominations or insurance policies, may be governed by their own rules.
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