Frequently Asked Questions (FAQ)

Making a Will ensures that upon your death, your assets will go to the people of your choice. If you die without having written a Will, also known as dying intestate, the state will decide how your assets will be distributed, which may not be what you want.

1. It must be made by a person who is at least 18 years old
2. It must be made by a person who is of sound mind
3. It must be made voluntarily and without pressure from any other person
4. It must be signed by:
- The person making the will in the presence of two witnesses
- The two witnesses in the presence of the person making the will
*Note: A beneficiary or spouse should not be a witness to your Will.

If a person passes away without a will, their estate will be distributed according to the Distribution Act 1958, which divides your assets according to a fixed proportion based on whether you leave behind a spouse, children and/or parents. Such distribution may not be to your liking. Also, the time taken to obtain letters of administration to administer an estate without a Will is considerably longer than obtaining a probate when there is a Will.

The role of an executor is complex and time-consuming. You must carefully choose your executor or select a trusted company to take on this responsibility. The executor must locate your beneficiaries, track your assets, and distribute them according to your instructions. They also need to arrange for guardians to care for your children, regularly check on their well-being, and ensure that any other instructions you included in your will are carried out.

The cost of writing a Will depends on the assets and clauses listed in it. Generally, the more detailed the Will and the more assets it involves, the higher the fee. After understanding your needs, we will provide a clear and transparent breakdown of the charges.

No. Under Malaysian law, a Will must be physically signed by the testator, or in certain cases with the testator’s fingerprint, in order to be legally valid. Electronic signatures (e-signatures) are not recognized as valid for Wills.

Yes, getting married is a good time to think about a Will if you want to ensure that your spouse is taken care of in the event of your death.

If you have an existing Will, it will automatically be revoked upon your marriage or remarriage. An exception is where your Will expressly provides for an expected marriage in a ‘contemplation of marriage’ clause.

A divorce does not affect the validity of a Will. Hence if you named your ex-spouse as a beneficiary, this will continue to be so even if you are no longer married to each other. To change this, you will need to draw up a new Will.

Making a Will gives you the opportunity to say who you would like to bring up your children aged below 18 years, in the event of the death of both you and your spouse. The person you appoint is known as a Guardian.

You can set up a testamentary trust that comes into effect upon your death, with conditions such as a trustee holding the assets until your child reaches a certain age, or payments from your estate being made only upon your child achieving certain goals e.g. obtaining a university degree.

You can ensure that your pet is well cared for in your absence by establishing a pet trust. A pet trust allows you to allocate a portion of your assets or funds into a trust managed by a trustee of your choosing. These funds will cover your pet’s daily expenses, food, medical costs, and more. Additionally, you can designate a reliable caregiver to handle the day-to-day care of your pet, ensuring that their quality of life is maintained. Through a pet trust, you can clearly outline your wishes and arrangements, so your pet continues to receive the love and care they need even when you are no longer around.

Establishing a Special Needs Trust is an effective way to ensure that your child with special needs continues to receive proper care and support in your absence. Through this trust, you can appoint a trustee to manage the funds set aside for your child. These funds will be used to cover their living expenses, medical care, and other essential services. A Special Needs Trust provides peace of mind, ensuring that your child will continue to receive the ongoing care and financial support they need even when you are no longer there.

You can ensure that your elderly parents continue to receive care and financial support in your absence by establishing an Elderly Parent Trust. This trust allows you to appoint a trustee to manage the funds set aside for your parents, which can be used to cover their living expenses, medical care, and other necessities. Through the trust, you can ensure that your parents' quality of life is maintained, and they receive the care and support they need even when you are no longer there.

Yes. All client information is kept strictly confidential and handled in accordance with the law and industry best practices. The details you provide will only be used to prepare your Will or Trust and will never be disclosed to third parties.

LER Group is a Franchisee of Rockwills. Rockwills is one of the largest and most reputable Will-writing and Trust companies in Malaysia, with comprehensive legal support and institutional backing. As a Franchisee, all our estate planners are professionally trained and certified by Rockwills to provide compliant, reliable, and professional estate planning services.

Yes. All our estate planners are professionally trained and certified by Rockwills to provide Will and Trust planning services. They have extensive industry experience and legal knowledge to design personalized solutions that meet each client’s needs.

It is recommended to review and update your Will or Trust every 2–4 years to ensure it still reflects your current asset situation and family circumstances. Major life changes such as marriage, divorce, having children, or acquiring new assets should trigger an immediate update.

Yes. You can include charitable clauses in your Will or Trust, specifying that part of your assets be donated to charities or causes. This allows your wealth to make a lasting social impact while ensuring your wishes are legally valid and carried out accordingly.

A Will may become invalid in the following situations:

1. Marriage: In Malaysia, a Will made before marriage will be automatically revoked (unless stated otherwise).
2. Loss or damage: If the original Will is lost or seriously damaged, it may not be enforceable.
3. Conversion to Islam: If a non-Muslim converts to Islam, the estate will be distributed under Islamic law (Faraid), and the previous Will becomes invalid.
4. Writing a new Will: A new Will automatically revokes the previous one.

For this reason, whenever a major life change occurs, it is advisable to review or re-write your Will to ensure it remains valid. If you are unsure about your current Will, please consult our estate planners for guidance.

When writing a Will, you only need to prepare some basic information, such as:

1. Personal details of yourself and your beneficiaries (IC, name, relationship)
2. Key asset details (e.g. property, bank accounts, insurance policies)
3. Guardian information if you have minor children

The above is only a general guideline. The exact documents required may vary depending on your situation. Please contact our estate planners for clearer and more detailed information.