Many people believe that once they have signed a document and called it a “Will”, their estate will automatically be distributed according to that document. Some even think that once a Grant of Probate is issued, everything is final and cannot be challenged.
The High Court case of Low Tiong Saw V. Low Teong Hwa [2025] CLJU 2049 shows that this is not always true. In this case, the Court had to decide between two competing wills made by the same person:
- A 2009 Will, and
- A later 2017 Will.
Even though the 2009 Will had already obtained a Grant of Probate, the Court eventually declared it invalid and revoked the grant. The 2017 Will was upheld as the only valid will.
This case highlights important lessons for anyone planning their estate in Malaysia.
What makes a will legally valid in Malaysia?
In Malaysia, the formal requirements of a valid will are found in Wills Act 1959.
A valid Will must:
- Be in writing.
- Be signed or thumb-printed by the testator.
- Be witnessed by two witnesses who are present at the same time.
- Each witness must see the testator sign or acknowledge the signature.
- Each witness must then sign in the presence of the testator.
The law does not require that a will be drafted by a practising lawyer.
What matters is compliance with these formalities. Failing to meet them can make a will invalid, regardless of the testator’s intentions.
What went wrong with the 2009 Will?
In this case, the Plaintiff claimed that the 2009 Will was executed without complying with the Wills Act 1959. Specifically:
- The 2009 Will was signed without any witnesses present and/or without being witnessed by two or more witnesses.
- One witness admitted in court that he had signed the will alone in a parking lot, had not seen the deceased sign, and had never met the other witness.
Because the witnesses were not present at the same time and did not actually witness the signing, the 2009 Will failed the statutory execution requirements.
Lesson: Witnesses and the testator must be present together when signing. Separate or delayed signing can be fatal to a will’s validity.
Is a Grant of Probate really final?
Even though the 2009 Will had already received a GP, the Court later revoked it because:
- False or misleading statements were made in affidavits, and
- The existence of a later will was not disclosed.
This shows that a Grant of Probate is not untouchable. If it is obtained improperly, the Court can revoke it even years later.
Does a Will have to be drafted by a lawyer to be valid?
The 2017 Will was upheld because it was:
- Prepared through a professional process,
- Explained to the deceased in languages she understood, and
- Properly executed with two witnesses present.
While the Wills Act does not require a lawyer to draft a will, the Court places high value on a structured, professional process that:
- Confirms the testator’s understanding,
- Clearly records their instructions, and
- Ensures correct execution procedures.
A professionally prepared will, even by a professional will-writing company or estate planner, is much more likely to withstand legal challenges than a DIY or informal will.
What are the most common reasons Wills are challenged?
Based on this case, a will can be declared invalid if:
- Witnesses did not sign together,
- The testator did not sign in front of both witnesses,
- Signing was done at different times or places,
- False statements or non-disclosure occurred during probate, or
- There is no evidence the testator understood and approved the contents.
Ignoring these rules can cause a will to fail completely, regardless of the deceased’s intentions.
The case of Low Tiong Saw V. Low Teong Hwa [2025] CLJU 2049 reminds us that:
Courts do not only look at what a person intended. They look at whether the will was executed correctly according to the law.
A professionally prepared and properly executed will significantly increases the chance that your wishes will be upheld, protects your family from disputes, and avoids years of costly legal battles.
Because in estate planning, the real question is not: “Did you write a will?”
But: “Will your will survive in court when it truly matters?”
To learn more about our estate planning services, visit our homepage.
