Estate planning guidance by Keith Tew — 13+ years experience, MDRT 7× | Penang · Butterworth · Bukit Mertajam · Seberang Jaya
Most Malaysians spend decades building wealth but never prepare a Will. Without proper planning, bank accounts may be frozen, properties delayed, and loved ones forced into a lengthy, expensive legal process — at the worst possible time of their lives.
In 13 years of serving families in Penang, Butterworth, Bukit Mertajam and Seberang Jaya, the single most common regret I hear from clients is: "I wish we had done the Will earlier." Not because they couldn't afford it. Not because they didn't know it mattered. But because life got busy, and they kept putting it off.
This guide covers everything you need to know about will writing in Malaysia — what happens without one, how your assets are distributed under Malaysian law, who needs a will most urgently, and how SnapWill has made it faster and more affordable than ever to get it done today.
Dying without a valid will is called dying intestate. For non-Muslims in Malaysia, the estate is distributed according to the Distribution Act 1958. But before any distribution can happen, your family must first obtain Letters of Administration from the court — a process that can take anywhere from one to three years and cost thousands of ringgit in legal and filing fees.
During that time:
I have sat with families in Butterworth and Bukit Mertajam who waited two and a half years to access a deceased spouse's bank account. Two and a half years of financial pressure, all of which could have been avoided with a simple will.
Without a will, you lose control over: who receives your assets, who manages your estate, who raises your children, and how quickly your family can move on. The law decides — not you.
Under the Distribution Act 1958 (for non-Muslims), here is how your estate is divided if you die without a will:
Notice what is absent from this list: your unmarried partner, your stepchildren, the charity you cared about, the friend who helped you through your darkest hour. The law does not know your relationships. Only a will does.
"After my father died without a will in Penang, we discovered his property had to be split four ways — including with a sibling he hadn't spoken to in 15 years. The legal fees alone ate up almost RM 30,000. If only he had written a will." — Client's son, Bukit Mertajam
Money and grief are a combustible combination. Estate disputes are among the most painful experiences a family can endure, and they are almost entirely preventable with a clear, legally valid will.
The most common disputes I encounter among families in Penang and across Malaysia:
These disputes can drag on for years, fracture families permanently, and consume the very inheritance that was meant to provide security. A will, drafted clearly and updated regularly, eliminates most of this risk entirely.
If you have children under 18, writing a will is not optional — it is a parental responsibility. Here is what is at stake:
If both parents die without a will, the court decides who becomes the legal guardian of your children. That person may be a relative you would never have chosen. Your will can name a specific guardian — someone you trust, someone who shares your values, someone your children already know and love.
Without a will, minor children cannot directly inherit property. Their share is managed by the Public Trustee until they turn 18 — at which point a teenager receives a potentially large sum with no guidance or control. Your will can set up a testamentary trust to hold assets until your children reach 21, 25, or whatever age you choose.
School fees, medical expenses, extracurricular activities — all of this requires money. If your estate is frozen in a legal process, who pays? A properly structured will with a named executor and trustee ensures funds are available when your children need them most.
In your SnapWill, you should clearly name: (1) a guardian for each child, (2) a backup guardian in case the first is unable, and (3) a trustee to manage assets for your children. These are three different roles — and they can be three different people.
Property in Malaysia passes differently depending on how it is held:
Many property owners in Penang and Bukit Mertajam assume their property will automatically pass to their spouse — but this is only true for joint tenancy. If your property title says "tenancy in common," your share goes through your estate.
Additionally, property held under joint tenancy should still be addressed in your estate plan. If both owners die simultaneously (e.g. in an accident), the survivorship rule cannot apply — and the property falls into both estates simultaneously.
"A client came to me in Seberang Jaya after her husband died. She assumed she would inherit his share of their shophouse. But it was registered as tenancy in common. His share went into his estate — which took 18 months to resolve. She couldn't sell the property, couldn't refinance, couldn't do anything during that time." — Keith Tew
For business owners in Malaysia, dying without a will can be catastrophic for the business — not just the family. Consider:
Your will can include clear instructions for business succession — who inherits your shares, who has the right of first refusal to buy them, and what happens to business property and accounts. Combined with a business continuity plan and keyman insurance, a well-drafted will ensures your life's work survives your death.
Of all the things your will can do, naming a guardian for your minor children may be the most important decision you make in it. Here is how to think through it:
Consider naming a separate person as trustee (who manages the money) versus guardian (who raises the child). This provides a check and balance — the guardian cannot spend the inheritance freely, and the trustee cannot make parenting decisions. Many estate planners in Malaysia recommend this structure for larger estates.
SnapWill is Malaysia's digital will writing platform — designed to make will writing simple, affordable, and accessible for every Malaysian family. As a SnapWill representative and estate planning consultant, I recommend SnapWill to my clients in Penang, Butterworth, Bukit Mertajam, and across Malaysia as the fastest way to get a legally valid will in place.
Join thousands of Malaysian families who have protected their loved ones with SnapWill. Get started in minutes — guided, affordable, legally valid.
Create Your Will — WhatsApp Keith Speak to Keith TewEven people who do write a will often make costly errors. Here are the most frequent mistakes I see among clients in Penang and across Malaysia:
In Malaysia, marriage automatically revokes a previously made will (unless the will was explicitly made in contemplation of that specific marriage). If you wrote a will before your wedding and haven't updated it, that will may be legally invalid. Write a new will immediately after getting married.
A will must be signed in the presence of two witnesses. If a witness is also a beneficiary named in the will, that beneficiary's gift is void — they lose their inheritance. Always choose witnesses who are not beneficiaries.
If your named executor has died, refuses the role, or is mentally incapacitated, the court appoints an administrator — which takes time and money. Always name a primary and at least one backup executor.
Life insurance with named nominees and EPF with nominations pass outside of your will. They are paid directly to the nominated person. Review your insurance nominations and EPF nominations separately — and ensure they are consistent with your overall estate plan.
Cryptocurrency, e-wallets, investment apps, PayPal, and even social media accounts — these are increasingly valuable assets. Your will should address how to access and distribute digital assets. Include login instructions or a digital asset inventory in a separate secure document referenced by your will.
A will is a living document. It should be reviewed every 2–3 years, and immediately after major life events: marriage, divorce, birth of a child, death of a beneficiary or executor, major asset purchase, or business changes.
Ahmad and Siew Lee have two children aged 4 and 7. Both are working professionals in Penang. Neither has a will. Ahmad dies suddenly in a road accident. Without a will, Siew Lee must apply for Letters of Administration. His joint savings account is frozen. His car (in his name) cannot be transferred. His shares in an investment account are held in his estate. Siew Lee manages, but it takes 14 months and RM 12,000 in legal costs to resolve. A SnapWill — which would have cost less than RM 300 — would have solved this entirely.
Mr Tan owns a shophouse in Butterworth and has two adult children from his first marriage and one from his second marriage. He dies without a will. Under the Distribution Act, all three children share equally — but the second wife is only entitled to a portion of the estate. The step-siblings dispute the shophouse valuation. Legal proceedings last 3 years. A clearly drafted will specifying each asset's beneficiary would have taken 2 hours to create on SnapWill and prevented RM 80,000 in legal costs and years of family conflict.
Rachel, 35, is unmarried, owns an apartment, has RM 200,000 in investments, and has a long-term partner of 8 years. She dies without a will. Under the Distribution Act, her partner receives nothing. Her estate goes to her parents. Her partner, who helped pay for the apartment renovation, has no legal claim. A will would have ensured her partner was protected.
Hibah is an irrevocable gift made during your lifetime, often used to transfer assets such as an insurance policy's sum assured to a specific person — outside of the estate entirely. A will takes effect only after death and goes through the estate process.
The key differences:
For most families, the ideal approach combines both: use Hibah for insurance policies and specific assets you want to transfer immediately to a beneficiary, and use a SnapWill for the remainder of your estate. Read more: Hibah Malaysia — Complete Guide.
If you are Muslim, you may also be interested in how Wasiat, Hibah and Faraid work together under Islamic estate planning.
Your estate is distributed under the Distribution Act 1958 (for non-Muslims). Your family must apply for Letters of Administration — a court process taking 1–3 years. Bank accounts are frozen, properties cannot be sold, and your family endures months of financial and legal stress. A valid will avoids most of this entirely.
It can be valid but is highly risky. It must be entirely handwritten, signed, and dated by the testator. Any ambiguity, crossing out, or typed sections may invalidate it. A will created through SnapWill is professionally drafted and meets Malaysian legal requirements — far safer than a handwritten document.
Yes. SnapWill allows you to create a legally valid will online in Malaysia. You are guided through all the key decisions — assets, beneficiaries, executor, and guardian — and your will is generated according to Malaysian law. You still need to sign it in front of two non-beneficiary witnesses.
Your executor is responsible for carrying out your will's instructions. Choose someone trustworthy, organised, and willing — a spouse, adult child, sibling, or close friend. Always name a backup. For complex estates, consider a licensed trustee company. Contact Keith Tew for guidance on choosing the right executor.
No. EPF is governed by its own nomination system. For non-Muslims, your EPF nominee receives the money as a trustee to distribute according to your will. You must update your EPF nomination directly with KWSP. Speak to Keith Tew to coordinate your EPF nomination with your overall estate plan.
Name a guardian directly in your will. This person becomes legally responsible for raising your children if both parents pass away. Also name a backup guardian, and consider naming a separate trustee to manage your children's inheritance. Without a named guardian, the court decides — which may not reflect your wishes.
A will distributes assets after death via probate. A trust holds assets — sometimes during your lifetime — and transfers them according to your terms, often bypassing probate. For most families, a will is the foundation. Add a testamentary trust within your SnapWill for minor children or complex distributions.
Yes. Grounds include: the testator lacked mental capacity, undue influence was exerted, or the will was not properly executed. A clearly drafted, properly witnessed will created through SnapWill significantly reduces the risk of a successful contest.
No. Hibah transfers specific assets during your lifetime and bypasses the estate. A will covers all remaining estate assets. They work best together. Read the full comparison: Hibah Malaysia Guide.
With a valid will: 3–12 months for straightforward estates. Without a will: 1–3 years for Letters of Administration. Complex estates with disputes, business interests, or multiple properties take longer. Keith Tew can refer you to a trusted estate lawyer in Penang if needed.
EPF nominations, life insurance with named nominees, joint tenancy properties (pass by survivorship), trust assets, and Hibah-transferred assets all pass outside your will. These must be coordinated separately. Keith Tew offers a full estate coordination review for clients in Penang and across Malaysia.
Not legally. SnapWill allows you to create a valid will without a lawyer, at a fraction of the cost. For complex estates — multiple properties, businesses, blended families — a consultation with Keith Tew ensures nothing important is missed.
SnapWill is among the most affordable options — typically a few hundred ringgit. Traditional lawyer-drafted wills range from RM 500 to RM 2,000+. The cost of dying without a will — in legal fees, delays, and family stress — can be tens of thousands of ringgit. Contact Keith Tew for SnapWill pricing.
Yes — urgently. Marriage automatically revokes a prior will in Malaysia. You must write a new will after marriage. Update your will after each child is born, after divorce, after major asset changes, and every 2–3 years as a general review. SnapWill makes updates straightforward.
A testamentary trust is created within your will and takes effect after death. It holds assets for minor children until they reach an age you specify — for example, 21 or 25. If you have young children, a testamentary trust within your SnapWill protects their inheritance from being handed to an 18-year-old all at once. Speak to Keith Tew for a personalised recommendation.
The greatest gift is not the assets you leave behind.
The greatest gift is ensuring your family can access them smoothly — without years of legal battles, frozen accounts, or family disputes. A will is not just a legal document. It is an act of love.
I serve families in Penang, Butterworth, Bukit Mertajam, and Seberang Jaya. Whether you need guidance on SnapWill, estate planning, life insurance, or medical card protection — I am here.
Create Your Will Today — WhatsApp Keith Speak to Keith TewKeith Tew Chong Wei is a Premier Presidential Life Planner with 13+ years of experience, MDRT 7× member, COT 2×, and a SnapWill representative serving families in Penang, Butterworth, Bukit Mertajam, and Seberang Jaya. He has facilitated over RM 4 million in insurance claims and personally guided hundreds of families through estate planning, will writing, and financial protection reviews. Learn more about Keith Tew →