Writing a Will without a Lawyer

A will is a legal document that outlines how you would like your assets to be distributed to your beneficiary after you pass away. Assets could include property, savings in bank accounts, investments, safe deposit boxes, or sentimental items. If you do have minor children, you need to name a guardian. If your life insurance policies and EPF retirement account are yet to name any nominations, you must also put your named beneficiaries or heirs within the will. Due to its complexity, many Malaysians have the misconception that writing a Will requires a lawyer. Most of them think that only a lawyer can provide legal advice on making a will, being an executor, attending probate court and providing the probate process (transferring assets).

However, with a little bit more research, there could be other options available that could be considered.

Can You Write a Will Without a Lawyer?

You can write a will without a lawyer in Malaysia. Yes, you may not even need one, but there are some things to keep in mind. It is essential to ensure the document is properly executed and witnessed to ensure its validity. First, the will must be in writing and signed by you with a sound mind. Second, two witnesses not named in the Will must also sign it. Finally, the will must be kept in a safe place. These are the basics, but as all individuals are unique, they will need specific coverage, especially if it is larger or more complex. Hence, without the help of a professional, you may not be aware of all the legalities involved in drafting a will, which could lead to your will being contested or invalidated.

How much does it cost to make a will with a lawyer?

Making a will with a lawyer can be more expensive than other will-writing options. Some lawyers may charge an hourly rate, while others may charge a flat fee. The cost will also depend on the complexity of your will and the lawyer’s experience. Generally, we have feedback from our customers that the fees may range from RM3,000 to RM30,000 for such services rendered by an estate planning lawyer. While it comes with a cost, most law firms focused on estate planning are comprehensive and professional enough for most individual needs.

So, what are the different ways to make a will without a lawyer?

There are a few different ways to make a will without a lawyer. You can either do it yourself or use an Estate Planning Company. Both of these options do not need a lawyer to implement your will. However, it would be best if you understood what and how to write a will in Malaysia. We cover Will Writing in-depth in that article.

Method #1 – DIY your own Will

When writing a will, some may take it up themselves or call it DIY Will Writing. It could be using an online Will writing service or a will template kit. On the surface, it can be a simple process, and there may be a lot of resources to assist you with writing a will. But, could you be sure that every aspect of the Will is thought out? Would it be suitable for your situation? There are issues to take into account before you should make a decision. Plus, it costs much less than a lawyer or an estate planning company to draw up your will. If your estate is very straightforward, you might only require a DIY will.

There are also some potential disadvantages when you craft your will yourself. First, if the Will is not executed correctly, it may be considered invalid and not meet legal requirements in Malaysia. Second, if the will is not written perfectly, it may not be interpreted as you intended, resulting in your assets being distributed in a way you did not plan. Finally, if you use a template will, there is a risk that the template may not be legally valid in your state laws, which could render your will invalid.  If you die without a valid will, you die intestate. If your estate is complicated or with minor children, a DIY may be unable to cover everything. If one part of your will doesn’t go according to plan, it can cause problems for your loved ones after you have gone.

Method #2 – Using an Estate Planning Company

Based on my years of understanding the needs of individuals in getting their will done, using an Estate Planning Company provides the best value for most individuals. The term best deal, in my opinion, describes providing a comprehensive planning process and coverage of many factors with minimal costs.

There are many advantages associated with using an estate-planning company to help you prepare to write your will. First, an estate planning company will ensure that the Will you write is legally binding and satisfies the requirements of Malaysian law. They can also help you in specific critical scenarios, like if you have children or own property and assets in multiple countries.

Estate planning companies can take care of all the estate planning documents, logistics, and processes involved in distributing your assets according to your estate plan. All this is done without working with a lawyer, who may be costly. This one-stop solution would help make your estate planning process simple according to your wishes. You can have your estate distributed to your surviving spouse or other named beneficiary. If you have minor children, you can appoint a guardian to care for your children.

One of the famous estate planning companies in Malaysia is Rockwills Corporation. Rockwills is the first company to provide professional Will-writing and Will Custody Services in Malaysia since 1995. They are known to offer comprehensive one-stop estate planning services to the public. Besides writing wills for its customers, they are also known for its experience and professionalism in being an executor and trustee in its wills.

In conclusion, you now know there are other options for writing a will without a lawyer. Having your will writing process done by an Estate Planning Company like Rockwills would be easy, convenient and comprehensive. My years of understanding my clients provide the best value for implementing your estate plan with minimal costs.