WillDecember 18, 2023by William WongThe Importance of Having Will Custody

In the realm of estate planning, the drafting and safekeeping of a Will are critical aspects that demand careful consideration. A Will serves as a legal document that outlines a testator’s wishes regarding the distribution of their assets after their demise. One often-overlooked aspect of this process is the custody of the Will, which carries significant implications for the proper execution of the deceased’s intentions. In Malaysia, the primary legislation governing Wills is the Wills Act 1959. This statute lays down the formalities and requirements for a valid Will, emphasizing the importance of due execution and proper attestation. However, the Wills Act is notably silent on the issue of Will custody, leaving it largely to the discretion of the testator.


Preventing Loss or Destruction

One of the paramount reasons for secure Will custody is to safeguard the document from loss or destruction. A misplaced or damaged Will can lead to considerable legal complications and may even result in the partial or total frustration of the testator’s wishes.


Ensuring Accessibility

Placing a Will in a secure location, such as with a trusted legal professional or a trusted Estate Planning institution, ensures that the document is readily accessible when needed. This accessibility is crucial for expeditious execution of the deceased’s instructions, minimizing delays in the distribution of assets.


Mitigating Disputes

Secure Will custody can also play a pivotal role in mitigating potential disputes among beneficiaries. When the Will is stored in a controlled and secure environment, there is less room for accusations of tampering or undue influence, fostering a smoother probate process.


Maintaining Testator’s Intention

Custody arrangements contribute to preserving the testamentary intent of the deceased. By ensuring that the Will is safely stored, the likelihood of alterations or unauthorized access is minimized, thereby upholding the integrity of the testator’s intentions.



In conclusion, the importance of Will custody cannot be overstated in the context of estate planning in Malaysia. While the Wills Act 1959 primarily addresses the formalities of Will execution, the responsibility for safekeeping is left to the testator. To ensure the seamless execution of one’s final wishes, individuals are encouraged to explore secure custody options. By doing so, they not only adhere to best practices but also contribute to the overall efficacy of the probate process in upholding the sanctity of testamentary intentions.

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