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WHEN IS A WILL CONSIDERED REVOKED ?

No will or any part thereof is revocable otherwise than

• in effect of marriage where a will is revoked and becomes null or canceled by the testator's marriage [Section 12 of Wills Act 1959]
• by some writing, declaring an intention to revoke the will, executed in the manner in which a will is required to be executed [Section 14 of Wills Act 1959] or
• by the testator, or some person in his presence and by his direction, burning, tearing or otherwise destroying the will, with intention of revoking it. [Section 14 of Wills Act 1959]
• a person converts to the Muslim faith. The distribution of a Muslim is governed by the Islamic Law.

No will is revoked by any presumption of an intention on the ground of an alteration in circumstances.

You should note that a divorce however, does not revoke a will. The will speaks from its date as the beneficiary unless you mention a contrary intention in your will.

IS A WILL EXECUTED ABROAD VALID IN MALAYSIA ?

Under Section 27 of the Wills Act 1959, a will made outside Malaysia shall deemed to be valid provided that such will is either in writing or is a privileged will and that it is executed in the manner required by

• the Wills Act 1959 or
• the law of the place where it was executed or
• the law of the testator's domicile at the time of its execution or
• the law of the testator's domicile at the time of his or her death

WHERE SHOULD A WILL BE KEPT ?

Once your will is written and properly executed, keep it in a place safe from fire, flood, loss, burglary, deliberate or accidental destruction and the place must be accessible to family members, close friends or relative after your death.

Although a will is a private document, make sure your family and your executors know that you have a will and the place it is kept.

It is best to deliver the will to the executor, or have you lawyer retain a copy with a note stating where the original can be found , or to keep it with one's personal records at home if it will be safe from possible tempering.

If you wish your lawyer to look after your will for you, you should give your executors your lawyer's name and address.

A final but most important and often neglected step in a sound estate plan is the leaving of a letter of final instruction with the lawyer or executor. This letter is not part of the will and need comply with no formal requirements.

The purpose of the letter is to provide a detailed inventory of assets, instructions with respect to the location of all needs documents such as marriage record and bank accounts, notation of the location of the will, and the like. Often it also expresses your wishes which you would like to mention privately to express as a hope or suggestion as the will becomes a public record.