When Mr. Wong passed away, his family was relieved to discover that he had written a Will. But after presenting it to the lawyer, they were told something unexpected:
“This Will is valid — but it doesn’t help as much as you thought it would.”
Despite the existence of a Will, they faced complications that caused delays, additional legal procedures, and unnecessary family conflict as if there was no Will.
Here’s what went wrong.
Problem 1: Executor already passed away and no replacement named
Mr. Wong had named his best friend as the sole Executor. Unfortunately, that friend passed away two years before Mr. Wong. Since no substitute executor was named, the family could not proceed with a straightforward probate process.
Instead, they had to apply for Letters of Administration with Will annexed, a more complicated and time-consuming procedure. It caused delays and additional legal fees, all of which could have been avoided.
Problem 2: New house not included in the specific gift list and one of the family didn’t want it to follow residuary clause
In the Will, Mr. Wong had given his eldest daughter his “house in Petaling Jaya” as a token of appreciation. This is because she had been his primary caregiver for many years.
However, he sold that house and later purchased a new property in Semenyih, which he verbally promised would go to her as well. Unfortunately, the Will was never updated to reflect this new gift.
As a result, the new property fell into the residuary clause and was divided equally among all children.
The daughter felt cheated, family arguments erupted, and a simple promise led to a deep rift, all because the Will didn’t match 黄先生’s true intentions.
Problem 3: Beneficiary changed but the Will didn’t
Mr. Wong’s original Will gave a portion of his estate to his son-in-law, who was very much part of the family at the time.
But five years later, his daughter divorced her husband. Mr. Wong made it clear to the family that he no longer wished for his former son-in-law to inherit anything but he never legally changed the Will.
Therefore, the ex-son-in-law still had a valid legal claim. To avoid public conflict, the family was forced to negotiate a private settlement.
Mr. Wong, like many Malaysians, assumed that once a Will is written, it works forever. But life changes. And your Will needs to reflect that.
When should you review or rewrite your Will?
You don’t need to rewrite it regularly but you should update it after any major change.
- You’ve acquired a major new asset and you don’t want it to follow the general residuary clause.
Example: You bought a new property, but your Will doesn’t mention it or assign it specifically.
- You want to change, remove, or add a beneficiary
Even if it’s just a change in percentage, this must be reflected in writing. Verbal instructions or side notes do not override a signed Will.
- A major life event has occurred
Example:
- Marriage: under Malaysian law, marriage automatically revokes any prior Will (unless it was made in contemplation of that marriage)
- Divorce: which does not revoke a Will, meaning an ex-spouse might still inherit if not removed
- Reconciliation or estrangement with a family member
- Your Will no longer reflects your current wishes or relationships
Many people write their Will in their 30s or 40s and by the time they pass away, their priorities have changed, but the Will hasn’t.
What could happen if you don’t update my Will?
- It may become partially invalid, especially after marriage
- It may be challenged in court, due to outdated names or relationships
- Your estate may end up being distributed differently from what you intended
- Your family may face delays, extra court procedures, or even disputes.
A Will is not a “write once and forget” document. Make sure yours still reflects your life, your loved ones, and your intentions.
You may make an appointment with our legal advisor here: https://calendly.com/finex-and-co-legacy-advisory/tea-talk-with-legal-expert
