There are certain criteria for a foreigner to be allowed to make a will in Malaysia. Malaysia actually acknowledges international wills made in other countries. This would make writing wills easier for some. However, when the time comes and there is an issue with the international will, claiming the assets that are written on the will may become a very complicated process.
So for foreigners who own a property in Malaysia, the process of claiming a will would be easier if the will for the owned estate is written in Malaysia. In this article, we will be looking into how to write a will for foreigners in Malaysia.
What Are The Criteria To Write A Will For Foreigners?
Before thinking of writing a will for foreigners in Malaysia, you would need to know if you are eligible to write a will. As a foreigner, you would need to at least own assets in Malaysia’s jurisdiction. The properties may include land or buildings. At the time of the passing one would also have their relation to Malaysia considered.
Regardless whether the individual is a PR or not, they’re eligible to write a will even if they are in or outside of Malaysia, so long that they meet and abide to the country’s standard eligibility and laws.
How To Write A Will For Foreigners?
After fulfilling all the criteria to write a will in Malaysia, you might be wondering if you are ready to draft out your will. Before you go on drafting your will, there are a few keynote that you should know.
By law, a person who is going to write a will has to pass a certain age for a will to be considered legally valid. The testator has to be at least 18 years old at the time of writing. This applies to everybody who is looking to write a will in Malaysia, whether you are a local or a foreigner. The testator has to be of sound mind at the time of writing. For the will to be a legally valid will, it has to be signed by the testator with two witnesses who cannot be any beneficiary named in the will or the beneficiary’s spouse.
You can read more about how to prepare a will in Malaysia here.
Letter Of Administration
As previously discussed in our article about applying letter of administration in Malaysia, a letter of administration is used when a person dies without leaving a valid will. If a foreigner leaves an estate in Malaysia without a valid will, the issue could be much bigger and the process of claiming the estate would take an even longer time.
If a letter of administration is necessary, then there are certain steps that would be taken. Firstly, you would have to choose an administrator, this might be tricky as the beneficiaries might not have different opinions when choosing. The estate’s value must then be determined and find two sureties if the estate is valued as a big estate. These steps would take up the most time as a lot of resources would be needed to value the estate.
There are also different rules with estates that are valued at less than RM50,000. For this, sureties are not needed. When a person passes away without leaving a will, there are also lawful beneficiaries. They are beneficiaries appointed according to the Distribution Act 1958 and the Intestate Succession Ordinance 1960.
Hire Reliable Lawyers
As foreigners, there are additional rules and regulations that the government has set differently from local citizens of Malaysia. This is why going to a professional would be an added benefit for everybody. A professional lawyer would be able to guide you through the most recent terms and conditions to write a will for foreigners.
As they are well trained in their fields, it is safe to say that you should trust a reliable professional lawyer to help you draft your will. They would be able to determine whether or not you are eligible to write a will and they would be able to ensure that the will would be a valid will. This would prevent any unnecessary feuds or issues when the time comes.