WillApril 21, 2023by Finex & CoHow 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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