Problems With Self Made Wills

I picked this out from a law forum in Malaysia. We find that it highlights the real life problems of writing a Will yourself. The grandfather knew he needed to write his Will, but did not know enough to write a proper one or go to a professional. The story goes like this -

My grandfather had passed away six years ago. According to his self-made will, his properties would be distributed to six of his sons. Eight of his daughters will not get a share. In this self-made will, my grandfather had put his signature on it, so did his six sons (beneficiaries). No signatures from his daughter, though. As well, no other witnesses. However, immediately after my grandfather had passed away, one of his sons, i.e. my 3rd uncle, declined to agree with the will.

Due to his refusal to accept the will, all my grandfather’s properties, at the moment are still under my grandfather’s name. However, as my 3rd uncle is the one who manages the plantation and the company, he took all the incomes without sharing with the shareholders. Before the demise of my father (who is the elder brother of my 3rd uncle), my father can raise some voice to his style of management. Unfortunately, my father, had also passed away, in June last year.

See how this complicates matters when property is not settled in one generation and the next also passes away while the estate process is still going on.

Personally, I feel, the only good way now is to make my grandfather’s self-made will valid in the eye of Malaysian law. But, I only have the photocopied will, the will is written in Chinese and the will have only signatures from my grandfather and six sons who are the beneficiaries. No witness’s signature. In your opinion, is it possible?

What can we learn from this

1. The fact that the Will was not witnessed by 2 other person makes this an invalid Will. You can’t make an invalid Will, valid. Even if the sons signed as witnesses, they forfeit their right as beneficiaries, since beneficiaries cannot be witnesses.

2. The grandfather wanted his sons to inherit his property and business. Since the Will is not valid, based on the Estate Distribution Act, the daughters also have a share in the inheritance.

From the perspective of the sons, they will inherit much less since the estate is divided among more people. The daughters who was not to receive anything, now has quite a share. Legally, they have a right to a portion of the estate. This creates friction and unhappiness between the siblings.

If your parents have self written Wills, please advise them to make a proper Will. It will save you a ton of money and years of heartache. We know that speaking to older people can be a sensitive issue, however, you can contact us to explain to your parents appropriately.