Many people believe that as long as they leave some form of written instruction, their wishes will be respected.
A short note.
A message in a notebook.
A verbal instruction to a child.
Even placing valuables in a safety deposit box and handing over the key.
These actions feel sufficient.
However, when someone passes away, what ultimately matters is not what the family believes was intended, but what the law recognises and can enforce.
“A dispute over safety deposit boxes”
In the case of Ong Soo Kwee v Ong Soo Keok & Ors [2025] CLJU 208, the dispute involved three safety deposit boxes left by the deceased who passed away in 2001.
The deceased had a valid Will dated 4 March 1992, and probate was granted.
However, one of her sons (the Plaintiff) claimed that the contents inside the safety deposit boxes did not belong to the estate and should belong to him personally.
Question 1: Are items in a safety deposit box automatically part of the estate?
A common misunderstanding is that safety deposit boxes are “private” and separate from the Will. Many people believe that because the items are locked away and not clearly listed, they do not form part of the estate.
But legally, this is not how it works.
If the safety deposit box belongs to the deceased, then the items inside are generally treated as part of the deceased’s estate (i.e. assets left behind after death).
In this case, the High Court confirmed that the safety deposit boxes and their contents were part of the estate and must be distributed according to the deceased’s Will.
So, just because something is kept in a safety deposit box does not mean it is outside the Will.
Question 2: Can a handwritten note be treated as a “Will”?
This case is important because the Plaintiff relied on alleged handwritten notes, claiming the deceased had instructed that the safety deposit box contents belonged to him.
However, the court rejected these arguments.
Why?
Because under Malaysian law, a Will must comply with the Wills Act 1959.
To be legally valid, a Will must generally be:
- In writing
- Signed by the testator (the person making the Will)
- Witnessed by two witnesses present at the same time
A handwritten note, loose paper instruction, or casual written message may not meet these legal requirements. Even if the deceased genuinely wrote it, it does not automatically become a valid Will.
Question 3: What about video recordings or whatsapp messages?
Many people today believe modern methods should be enough.
For example:
- Recording a video saying who gets what
- Sending instructions in WhatsApp
- Leaving a voice note
- Writing instructions in a diary
These may reflect your intention, but they are generally not recognised as a legally valid Will.
In Malaysia, the Wills Act 1959 requires formal execution rules.
That means even if your family clearly understands your wishes, they may still face legal problems when applying for probate or distributing the estate.
This is where disputes often begin.
One beneficiary may say: “Mum told me this belongs to me.”
Another may respond: “But it’s not written in the Will.”
Once this happens, the matter may end up in court.
Question 4: If I give someone the key, doesn’t that mean it belongs to them?
This is another common misconception.
In this case, the Plaintiff relied heavily on arguments such as:
- He had control of the key.
- He had access to the box.
- The box was treated as “joint”. Survivorship principles applied
But the court reaffirmed an important rule: Having access does not mean you own the asset.
The key may allow you to open the box, but it does not automatically give you beneficial ownership (i.e. legal entitlement to keep the contents).
The court clarified that survivorship arguments may only affect access, not true ownership.
This principle is also similar to joint bank accounts.
Many people assume that if an account is “joint”, the surviving account holder automatically owns the money. But legally, ownership may still be disputed, especially if the deceased’s Will says otherwise.
If you want to understand this better, you may refer to our previous articles:
Joint Bank Accounts in Malaysia – Is the Money Automatically Yours? Not Always
What this means for you?
This case teaches a simple but crucial lesson: Not every “instruction” is legally recognised as a Will.
If you rely on handwritten notes, paper slips, verbal promises, or even video recordings, your wishes may not be enforceable after you pass away.
To protect your loved ones and ensure your assets go to the right people, consider these practical steps:
- Do not rely on handwritten notes or informal messages
If you want to leave assets to someone, ensure it is properly written in a valid Will.
- Make sure your Will complies with the Wills Act 1959
A Will is only legally valid if it meets the requirements set out in the Wills Act 1959, including proper execution and witnessing.
- Remember: access is not ownership
Giving someone the key to your safety deposit box, or giving someone access to your assets, does not automatically make them the legal owner after your death.
- Ensure your Will covers all your assets
Including bank accounts, safety deposit boxes, property, investments, and valuables.
- Engage professionals to draft your Will properly
A professionally drafted Will helps avoid unclear wording, missing assets, and technical mistakes that can lead to disputes.
If you want your wishes to be respected and your family to avoid conflict, your estate plan must be properly documented through a legally valid Will.
A properly drafted Will is still the safest and most reliable way to protect your assets and your loved ones.
To learn more about our estate planning services, visit our homepage.
