Foreigners and expatriates living in Malaysia often own assets here while maintaining family connections, property or investments in another country.
That can make estate planning more complex.
A Malaysian will can be useful for dealing with Malaysian assets, but the drafting should be coordinated carefully with any existing overseas will and the laws that may apply to the estate.
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Can a Foreigner Make a Will in Malaysia?
In general, a non-Muslim foreigner may make a will concerning assets in Malaysia, subject to the applicable law, testamentary capacity and proper execution.
The more important planning question is usually not whether a foreigner can make a Malaysian will, but:
What should the Malaysian will cover?
For some people, a Malaysia-specific will dealing only with Malaysian assets may be appropriate.
For others, a broader testamentary structure may need to be considered.
Why Might a Foreigner Need a Malaysian Will?
A Malaysian will can provide clear instructions concerning matters such as:
- Malaysian real property;
- bank accounts;
- EPF savings;
- shares;
- business interests;
- vehicles;
- refundable deposits;
- personal belongings; and
- other Malaysian assets forming part of the estate.
It can also appoint an executor to deal with the Malaysian estate.
Without a valid will, estate administration may involve intestacy rules, additional family coordination and potentially more complicated cross-border documentation.
Should a Malaysian Will Cover Only Malaysian Assets?
Often, foreigners prefer a separate Malaysian will limited to Malaysian assets.
This can be useful where the person already has an overseas will dealing with assets in another jurisdiction.
However, separate wills must be drafted carefully.
A later will can contain revocation language. If that language is too broad, it may unintentionally revoke an earlier overseas will.
The documents should therefore be coordinated so that each will has a clear scope.
What If You Already Have a Will in Your Home Country?
Tell the Malaysian lawyer before preparing a second will.
The lawyer should know:
- country of the existing will;
- date of the existing will;
- assets covered;
- revocation wording;
- executor appointments; and
- whether the existing will is intended to continue operating.
Where necessary, advice from a lawyer in the other jurisdiction may also be appropriate.
Cross-border estate planning should not assume that one country’s law automatically answers every succession issue.
What Malaysian Assets Might Be Included?
Depending on ownership and applicable law, the will may deal with:
Property
For example:
- condominium units;
- landed property;
- apartments;
- investment properties; and
- other real estate interests.
Bank Accounts
Accounts held personally by the testator may form part of the estate, subject to the account structure and applicable rules.
Shares and Business Interests
Company shares or business interests may be included where they are personally owned and transferable by will, subject to company documents and applicable law.
Vehicles and Personal Assets
These may include vehicles, jewellery, collections and other personal property.
Other Malaysian Entitlements
The estate may also include EPF savings, money owed to the deceased, deposits or other personal entitlements, depending on their legal nature.
What Assets Need Separate Consideration?
Not every asset should simply be listed in the will.
Separate rules may apply to:
- jointly owned assets;
- trust assets;
- company-owned assets;
- insurance nominations;
- retirement or statutory savings;
- certain investment products; and
- assets governed by another jurisdiction.
The legal structure of the asset matters more than the fact that the testator uses or benefits from it.
Can a Foreigner Leave Malaysian Property to Anyone?
The answer depends on the property, beneficiary and applicable land rules.
Foreign ownership restrictions, state authority requirements or other limitations may affect what a beneficiary can ultimately register or retain.
A will can express the testator’s intended gift, but the practical administration of Malaysian real property must still comply with the applicable law.
Who Should Be the Executor?
The executor administers the estate after death.
A foreigner may consider:
- a Malaysian resident;
- a trusted family member;
- an adult child;
- a spouse;
- another suitable individual; or
- another permitted executor arrangement.
Practical issues include:
- location;
- ability to travel;
- access to documents;
- familiarity with Malaysian institutions; and
- willingness to act.
Where the executor lives overseas, estate administration may involve additional logistical steps.
What About Beneficiaries Living Overseas?
A beneficiary does not necessarily have to live in Malaysia.
However, overseas beneficiaries can create practical issues involving:
- identification documents;
- notarisation;
- translations;
- bank transfers;
- tax advice;
- property transfer restrictions; and
- coordination with foreign lawyers or authorities.
These issues should be considered during planning rather than only after death.
What About Minor Children?
Where the testator has minor children, the will may contain:
- guardianship provisions;
- trusts;
- age-of-entitlement provisions;
- maintenance powers; and
- education-related powers for trustees.
Cross-border families should also think carefully about where the children live and whether guardianship issues may involve another jurisdiction.
How Should the Will Be Signed?
A Malaysian will should be executed in accordance with the applicable legal requirements.
For non-Muslim wills governed by the Wills Act 1959, proper signing and witnessing are important.
The execution arrangement should therefore be planned carefully, especially if the testator is outside Malaysia when the will is ready to be signed.
Can the Process Be Started Online?
Yes.
Much of the preliminary process can usually be handled remotely, including:
- initial instructions;
- asset lists;
- beneficiary details;
- review of existing wills;
- draft review; and
- revisions.
The final execution should then follow the appropriate legal requirements.
View our Online Will Writing Services
What Information Should a Foreigner Prepare?
Useful information includes:
- nationality;
- passport details;
- immigration or residence status where relevant;
- family structure;
- Malaysian assets;
- overseas assets;
- existing wills;
- intended beneficiaries;
- proposed executors;
- minor children;
- foreign property ownership; and
- any business interests.
Frequently Asked Questions
Can a foreigner write a Malaysian will?
A foreigner may generally make a will dealing with Malaysian assets, subject to the applicable law and proper execution.
Do I need a Malaysian will if I already have one overseas?
Not always, but a separate Malaysian will may be useful where substantial Malaysian assets exist. The documents should be coordinated carefully.
Can the Malaysian will cover worldwide assets?
Potentially, but cross-border consequences should be considered before using a worldwide scope.
Can my executor live overseas?
Potentially yes, but practical and procedural issues should be considered before making the appointment.
Can I leave Malaysian property to a foreign beneficiary?
The will can state the intended gift, but land laws, foreign ownership restrictions and registration requirements may affect implementation.
Can I prepare the will remotely?
Much of the drafting process can be handled remotely. Final execution must still comply with the applicable legal requirements.
Malaysian Will Writing for Foreigners and Expats
For cross-border estates, clarity is especially important.
A Malaysian will should not be prepared in isolation from existing foreign wills, asset ownership and the laws of other relevant jurisdictions.
View our Will Writing Services
Read: How to Write a Will in Malaysia
This article is provided for general informational purposes only and does not constitute legal, tax or cross-border succession advice.