WillApril 21, 2023by Emmeline LeeHow to determine the rightful beneficiaries when there are two Wills?

In Malaysia, if there are two Wills that contradict each other, the Will that is later in time will usually prevail. This is based on Section 14 of the Wills Act 1959, which states that if a testator makes two or more Wills, the last Will is to be taken as the operative one, unless it appears from the Will that the testator intended otherwise.

However, it is important to note that there are certain situations where the earlier Will may still be given effect. For example, if the later Will is found to be invalid for some reason, the earlier Will may be given effect instead.

It is also possible for the testator to specifically revoke an earlier Will in a later Will, in which case the later Will would prevail.

In any case, it is recommended that individuals seek the advice of a professional estate planning legal advisor to ensure that their wishes are properly documented and that their Will is legally valid.

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Emmeline Lee

Emmeline holds a Bachelor of Laws (LL.B.) and a Certificate in Legal Practice (CLP). She is the Operations Director and Chief Legal Advisor at Finex & Co Legacy Advisory, focusing on wills, trusts, and wealth succession for individuals, families, and business owners. Having started out in legal practice, she brings a legal perspective to estate planning and works to make complex concepts clear and practical for clients. To her, estate planning is not only about distributing assets, but about preserving responsibility, family harmony, and values across generations.