Frequent Asked Questions

Why is making a Will so important for us?

Writing a Will is important because it ensures that your assets and personal possessions are distributed among the beneficiaries you want them to inherit. Without a legally valid document setting this out, your estate will be frozen, delayed, and won’t necessarily be bequeathed according to your wishes.

Who should write a Will?

Anyone with assets who hopes to pass on the inheritance to their loved ones should have a Will. A married couple would like to appoint someone to care for their minor children or manage their assets on their behalf.

Why Will is needed? What if I passed away without will?

Will is necessary in order to avoid a lengthy and complicated estate administration process. Without Will, it might take 2-5 years for the estate administration process. MySuccession will help you as per lists below :

  1. You may choose whom you want to inherit your assets
  2. Executor that you have chosen will be carrying out your wishes according to your Will, once all debts and taxes were paid and the remaining will be distributed to the beneficiaries that you have select
  3. You may choose a suitable guardian for your minor children in the event of both parents have passed away
  4. You may also make special arrangements for example funeral preparation, last words for the beneficiaries, etc.

What are each of the roles in a Will?

Testator : The testator refers to the person who is writing the Will and giving instructions about the person’s wishes and desires after their death.

Beneficiary : The beneficiary is the person to whom you’re gifting your assets. For those beneficiaries under 18 years old, they cannot receive the assets in their own name as they are referred to as "minor beneficiaries." The executor or trustee will hold the assets in trust for the beneficiary and transfer the assets into their name only upon their reaching the age of 18.

Executor : The executor is the person you appoint to ensure your wishes are carried out according to your Will and the law. The executor will also have to go to court to obtain the Grant of Probate, and he or she must settle your debts and taxes before they can access your assets. This role comes with a lot of responsibilities, so before you appoint someone to be your executor, consider whether this person is trustworthy.

Trustees : Trustees are the people who manage your assets and hold them for a certain period before transferring them to the beneficiaries according to your wishes. They are empowered to make decisions for the beneficiaries and are not allowed to use the properties they are entrusted with for their own gain. Therefore, when you appoint a trustee, make sure they have the best interests of the beneficiaries at heart and have the integrity not to misuse the assets that are in their care.

Guardian : The role of a guardian is to care for your minor children below the age of 21 in your absence. The default guardianship goes to the surviving spouse; however, you can choose to appoint at least two guardians as joint guardians if the circumstances require it, especially if both parents died at the same time. Ideally, different people should be appointed as trustee and guardian so that both parties can fulfill their roles objectively and without conflict.

Witness : The person who witnesses your signing of your Will can attest that you are sound of mind. To prevent your Will from being disputed, note that your beneficiaries and their spouses cannot be witnesses to it.

Who can be the witness for my Will?

The witness to a Will should other than beneficiary or spouse of the beneficiary. It is prudent to get someone who is mature, literate, not blind and above 18 years old to be the witnesses.

What happen to the Will, if a beneficiary or his/her spouse is appointed as a witness in a Will?

The beneficiary or his/her spouse appointed as the witness will lose his/her entitlement in the Will. However, this will not affect the validity of the Will.

Can one of my beneficiaries be the executor, trustee and guardian in my Will?

Yes, he can. However, for check and balance purposes, it is always advisable to appoint a guardian who does not perform the duty of a trustee.

What are the basic criteria for writing a Will?

Be at least 18 years of age at the time of writing. Be of sound mind. The Will must be in writing and signed by the testator in the presence of at least two witnesses (non-Muslims).

When should I write a Will?

If you're wondering when is the best time to start making a Will, here are 5 life events that may help you to get a better picture :

  1. Reach mature Age
    Many young individuals at the age of 18 already have assets that they want to safeguard such as inheritances by parents or grandparents, Savings, Gold, Stocks etc.
  2. Getting Married
    If you have a plan on getting married soon, the existing will that you have made previously will become null and invalid. Thus, the new Will should be prepared.
  3. Just Divorced or Remarried
    You will need to re-write a Will if you have divorced or remarried. This is to ensure that your assets will be distributed to the people you have chosen instead of ex-partners or any unwanted beneficiaries
  4. Changes in Financial Condition
    If you have to get a promotion, purchase a new house, start a new job or start a new business, your financial condition will be changed as well. A new will is necessary in order for you to protect your gaining and ensure it will be received by the right person if you were to suddenly passed away
  5. Newly born or adopted members
    If you have specific wishes for what they will inherit from you, you must express them clearly in a legally valid will, especially if you can also appoint a guardian, which is a very sensible thing to do in order to make sure the right people take over your children's care in the event of your death.

What happen to the estate of a person if he/she dies?

His/her estate will be frozen. The family members of his/her require a court order called "Grant of Probate" (GP) or "Letter of Administration (LA) to unlock his/her frozen estate.

In what situation do we apply for a GP or LA?

When a person dies leaving a Will, the executor appointed in his/her will apply for a GP. However, when he/she dies without a Will, the immediate family member have to apply for a LA.

What is a Letter of Administration (LA)?

An authority given under the seal of the Court for the administration of the estate of a person who has died without leaving a Will.

What is a Grant of Probate (GP)?

It is the order issued by the High Court which validates the authority of the Executor to administer the deceased's estate according to the Will.

How long does it take to apply for a Grant of Probate (GP) or a Letter of Administration (LA)?

A GP application normally takes a shorter time than a LA application. Normally a GP can be extracted within three months to a year, while a LA may takes from 2 to 5 years.

Do Wills need to be stamped or registered?

A will does not need to be stamped in order for it to be valid. Always consult a professional estate planner and get their advice before making your will.

How often should we review our Will?

We should review our will every two years, especially with changes in family status, like welcoming a new baby, getting married, or divorcing. Any changes in financial matters, like buying new properties or starting a new business, should consider having your will rewritten.

Do online Wills written through the MySuccession's app be legal and valid?

All wills created by MySuccession's app will be checked, reviewed, and approved by a group of legal experts. However, if you have a large and complicated estate, it would be useful to engage a estate planner, who is usually experienced at providing right information and planning your Will.

Do I need to inform my executor and beneficiaries of the location of the Will?

It is completely up to you whether you want to do so. If you wish to not do so, it is crucial for them to be aware of the Will’s location.

What are the types of assets that can be bequest in a Will?

A bequest by Will can be made up of both movable and immovable assets. Movable assets include but are not limited to bank accounts, stocks, vehicles, gold, insurance, and business shares. Key examples of immovable assets include land, property and buildings.

Can I will away my foreign assets?

Yes, only the movable assets in a foreign country. The immovable assets will follow the law of the country where the property is situated and it is advisable to make another Will according to the law of that country in dealing with the immovable property.

How much will it cost to execute the will during the probate process?

The range is from a few thousand or to hundreds of thousands, as each case might vary during the probate process. If the estate is large, then it might be costly and complicated. It's recommended that you go through the MyEP checklist and Myreview to determine the funds needed by the executor or beneficiaries to execute the frozen estate.

Can I write a Will if my debts and liabilities exceed the value of my assets?

Yes, you can. You need to have enough funding to pay off your liabilities or taxes if you want to pass your asset on to a loved one.

Is it true that a testator’s marriage will automatically revoke a Will written prior to the marriage.

Yes, it is. It’s recommended to rewrite your will if your marital status changes.

I will be getting married in a few months’ time. I understand that if I write my will now, my marriage will revoke it. What shall I do in the meantime?

You can state expressly in your will that your marriage to the particular person will not revoke your will. The name of the person you are getting married to must be stated. Such a clause is known as the "Contemplation of Marriage Clause.

Can I produce my Will on videotape or VCD instead of writing everything down?

No. Under Section 5 of the Will Act 1958, all wills must be written in a prescribed form.

Can I appoint the same person as my Trustee and Guardian in my Will?

Yes, you can. The role of your Trustee is to hold on trust your money and other assets for your children who are minor while your Guardian is to take care of the welfare of your children. Thus, it is always wise to appoint different people to ensure there is check and balance, especially for the money left behind by you for your children.

I have written a Will five years ago. Since last month, I have converted as Muslim. Is my Will still valid?

Its recommended to do a new one once you have converted to Muslim. Once a person professes the Muslim faith, the distribution of his/her estate will be governed by the Syariah Law.

Can I state my funeral arrangements in my Will?

Yes, you can. You can mention your wishes in your Will. However, it is advisable to let your family members know of your wishes as a Will may be read only many days after your death.

How long will it take for the approval of the MySuccession online will-writing app?

Our legal team will approve each of the wills within 24 hours.

What is the benefit of using the MySuccession app?

  1. Able to appoint an Executor to help ease the administration of your estate upon your demise
  2. To ensure that the distribution of your estate will be hassle free and efficiently managed.
  3. To safeguard the future of your loved ones by formulation a distribution of your choice.
  4. The appointment of a trustworthy guardian vide your will helps guarantee the welfare and interest of your children.
  5. Ease the complexity of Estate Administration process.

How to buy credit in MySuccession app?

From My Client page, click arrow button on the right then click Buy Credit. Choose preferred package offered and may proceed to make payment.

What is the subscription fee package offered to Advisor?

Yearly subscription fee with 5 complimentary Wills

  1. Advisor registered under ML Wealth : Free of Charge
  2. Advisor registered under IVA : RM99
  3. Public : RM199

Why do you need an Estate plan?

Estate planning will help you manage and maintain your assets while you are still living and after you have passed away. Estate planning will also help you how to save money and decide on how your assets will be distributed later on.

How to check if the Will has been approved?

From the Client page, click the arrow button beside the telephone symbol. In MyWill section, you may check the latest update.

Pending approval means waiting for a legal team to Approve. Approved means, the Will has been approved by the legal team. You may proceed to print and Sign. Once finish Signing, you may upload the Signed copy to the same page on "Signed Attachment".

Can I amend on my Will after I have signed it?

Yes, whenever alteration is made on your Will, you and the same two witnesses must sign next to the alteration. However, it is advisable to write a new Will if the alteration is substantial in order to prevent difficulty in proving the Will in court later on.

When shall I rewrite my Will?

When the circumstances have been changed since you last wrote your Will, for example, change in status (new spouse, divorce); change of Executor and/or Guardian's status; change of mind with regard to the beneficiaries (e.g. children reaching the age of 21, different beneficiaries); new members to the family (newborn, adoption); substantial increase in wealth (commencement of business or partnership, purchase of property, inheritance), it is better to review and rewrite your Will.

I have only a house to will away to my son. Can I write a simple Will myself just mentioning that I am giving my house to my son on my demise, signed by me and two witnesses? Is this simple Will valid?

If you write a simple Will without mentioning the appointment of executor/trustee, a residuary clause and other essential clauses, your Will might become partial intestacy. It is always advisable to get a professional Will-writer to draft your Will to ensure your executor faces less difficulty in executing the Will in the future.

Can I name a bankrupt as a beneficiary in my Will?

Not advisable, as the Official Assignee (OA) who has jurisdiction over all the bankrupt's assets will have access to such gift.

What kind of assets can be listed in MySuccession?

  1. Property
    A. Type of Property
    • Residential
    • Commercial
    • Vacant Land
    B. Address of property
  2. Bank Account
    • Bank’s Name
    • Account Number
  3. CDS Account
    A. Account Number
  4. Insurance
    A. Insurance’s Company
    B. Policy Number
  5. Vehicle
    A. Type of Vehicle
    • Cars
    • Motorcycle
    • Lorry
    • Others
    • Registration Number
  6. Jewellers
    A. Details of Jewellers
    B. Others

What is the latest of MyWill package ?

  1. Basic RM99
    • Basic Will Writing
      • Appointment of executor
      • List of beneficiaries and distribution(%)
      • The original copy is kept by the testator himself
      • The system only stores a digital copy of complete Will
  2. Gold RM199
    • Basic Will Writing
    • List of assests/gifts (up to 10 Assets/gifts)
    • Specific beneficiaries for each assests/gifts
  3. Platinum RM399
    • Basic Will Writing
    • List of assets/gifts (up to 10 assets/gifts)
    • Testamentary trust
      • Appoint 2 person for Executor/Trustee
      • Purpose of trust apply to maintainance,education and Healthcare.
  4. Platinum Plus RM699
    • Basic Will Writing
    • Testamentary trust
      • Appoint RHBT as Executor & lifetime Customer Service.
      • Purpose of trust apply to maintainance education and health care.

What are the advantages of using a MySuccession?

Convenience, cost, and accessibility are a few benefits of using a MySuccession app. For people who do not have the time or means to speak with a lawyer or draught a traditional will on paper, will apps can be a helpful tool. Additionally, will applications can help you update and maintain your will more easily over time and provide you piece of mind knowing that your preferences are recorded and kept in a secure place.

Is my information safe on the MySuccession?

Yes, the MySuccession app is serious about protecting users' privacy and data protection. To safeguard user information and make sure it is stored safely, the app employs industry-standard encryption and security procedures.

Is the MySuccession app compatible with all devices and operating systems?

The "Will Writing" app is made to work with the majority of current smartphones and tablets, including those powered by iOS and Android. To ensure compatibility with your particular device, it is advised to review the app's system requirements.

If English is not my first language, can I still use the app?

It is advised to get assistance from a trained translation or legal practitioner if English is not your first language and you are unfamiliar with legal terms.However MySuccession offers the app in mandarin also.

Can i create a will without the advisor through MySuccession?

Advisor can provide personalized guidance and ensure that your will is legally properly reflects your wishes and intentions.

How can I ensure that my will created with MySuccession is legally valid?

To ensure that your will created with an app is legally valid, it's essential to carefully follow the instructions provided by the app and comply with the laws of your jurisdiction.

Can I designate guardians using the app for my minor children?

Yes, users of the MySuccession app can declare their wishes for the guardianship of their minor children. Within the app, users can enter information about the appointed guardian(s), including their name, contact information, and relationship.

For Mywill package Platinum Plus, What is RHB Trustee and can they act as an executor?

Financial company RHB Trustee provides trustee services, such as serving as a will's executor. An executor is a person or organisation designated in a will who manages a decedent's estate, which includes allocating assets to recipients, paying debts and taxes, and performing other administrative duties. In the event that they are named in the will or chosen by the court, RHB Trustee may serve as an executor.

What obligations does RHB Trustee have as an executor?

RHB Trustee has a number of duties as an executor, some of which may be as follows:

  • Managing the estate in accordance with the terms of the will and any relevant legal requirements.
  • Gathering and controlling the estate's assets, such as its real estate, personal property, and investments.
  • Paying off debts, taxes, and estate costs.
  • Transferring property to beneficiaries in accordance with the terms of the will.
  • Managing and resolving any legal or controversies pertaining to the estate.
  • Keeping thorough records of all estate transactions and giving beneficiaries and/or the court an accounting.

What are the advantages of appointing RHB Trustee as an executor?

Appointing RHB Trustee as an executor can have several advantages, including:

  • Expertise in managing complex estate matters: RHB Trustee is a financial organisation with competence in estate administration.
  • Impartiality: As a third-party executor, RHB Trustee is free from any personal bias or conflicts of interest to operate impartially and carry out the directions of the will.
  • Continuity: Since RHB Trustee is likely to have a long-term presence and can perform continuous duties, even after the death of the testator (the person who created the will), they can give continuity in estate administration.

What is the meaning of by purpose of trust apply to maintainance, education and healthcare?

In the area of maintenance, education, and healthcare, the "purpose of trust" refers to the particular goals or intentions for which a trust is created. In a trust, a trustee maintains and administers assets on behalf of beneficiaries in accordance with the conditions laid out in the trust document.

When a trust is established for maintenance, education, or healthcare, it usually signifies that the trust is meant to offer resources and financial support for the beneficiaries' care, raising, education, and healthcare needs. This may include prices for bare necessities, living expenses, tuition and living costs for school, as well as healthcare fees for things like medical procedures, prescription drugs, and healthcare services.

The trust's assets must be managed by the trustee in order for them to be used for the purposes of maintenance, education, and healthcare as laid forth in the trust agreement. The trustee is required by law to act in the beneficiaries' best interests and to abide by the terms of the trust.

What are the advantages of having digital copy of the wills?

  1. Easy accessibility
  2. Backup and preservation
  3. Enhanced security
  4. Ease of sharing

What is the info page in MySuccession?

Info page that provides information about the purpose, services, features, or benefits of the apps. It also contains with article and video.

What is Enlarge the text function in the MySuccession?

Users who struggle to read small print or who may have visual problems may find this function useful because it enables them to increase the font size to a level that is more comfortable and readable. Enlarging the text can improve the application's accessibility and usability by making the information and interface easier for users to view and engage with:

  • Zoom 1x
  • Zoom 2x

this for testing

Question not found?