However, it is highly recommended that a foreigner make a will in Malaysia under the following circumstances: They are living permanently in Malaysia and would be considered a ‘permanent resident’ of Malaysia at the time of their passing. They own immovable properties in Malaysia (land and buildings, for instance)
Who can make a will in Malaysia?
Requirements to Make a Will in Malaysia
- Testator must be of the age of majority, be a non-Muslim and be of sound mind.
- Two witnesses who are not beneficiaries nor related to beneficiaries.
- A competent Will writer, with a clear process to write a valid Will in Malaysia.
Can non Malaysian inherit property in Malaysia?
Answer: The answer is yes. A foreigner is able to own and inherit a property in Malaysia under the National Land Code only after he has obtained the approval from the state government.
What makes a will valid in Malaysia?
In Malaysia, a person writing a Will must comply with the formalities stated in Section 5 of the Wills Act 1959, summarized as follows, in order for the Will to be valid and effective: the Will maker must be at least 18 years old; … the 2 witnesses must then sign in the presence of each other and the Will maker.
Can a foreigner be an executor of a will?
Technically under California law, you could name a non-resident of the United States as your executor and then that person could request that the court appoint him or her to perform executor duties. (Probate Code §§ 8465(a)(2), 8402(a)(4).) Non-citizens who are U.S. residents can be executors too.
Can I write my own will in Malaysia?
Technically, you could write a will on your own. You don’t need special qualifications to write a legally-binding will. The Malaysian Wills Act 1959 has very simple requirements for a legally binding will, i.e. it must be signed by the testator (you) and two witnesses who cannot be beneficiaries.
How do I set up a will in Malaysia?
To make a valid will, you must:
- Be at least 18 years old;
- Be of sound mind;
- Have your will in writing;
- Have signed your will;
- Have your signing witnessed by at least 2 witnesses who will then sign in your presence and in the presence of each other.