Q1 : What are the legal requirements for a Will to be valid ?

A1 :

• Testator must be at least 18 years old (Peninsular & Sarawak) or 21 years old (Sabah)
• Testator must be of sound and disposing mind
• Will must be in writing
• Testator must sign the Will in the presence of at least 2 witnesses who must then attest the Will in front of the Testator and each other

Q2 : Who can be a witness to the Will ?

A2 :

Anyone of sound mind and at least 18 years of age.

However, a beneficiary cannot be a witness to the Will.

Q3 : Can an executor be a witness ?

A3 :

Yes, provided that he or she is not a beneficiary under the Will.

Q4 : What happens to my Will if I get married or divorced ?

A4 :

Marriage automatically revokes an existing Will unless it is expressed that the Will is made in contemplation of the marriage.

Divorce, on the other hand, does not revoke an existing Will.