Many people think writing a Will is something that can be done later in life.
It is common to hear statements like:
“I will do it when I am older.”
“I will write one when I get sick.”
“There is still plenty of time.”
Because of this mindset, some people only start thinking about writing a Will when they are already seriously ill or hospitalised.
However, in practice, Wills made at the last minute, especially when a person is seriously ill, often face greater scrutiny and legal challenges.
“A Will signed two days before death”
This issue was highlighted in the Malaysian case of Aw Peck Luan & Anor v Kau Peck Guat [2025] 5 CLJ 895.
The deceased had two families:
- A long-term partner in Singapore with whom he had two children; and
- His lawful wife in Malaysia.
In October 2020, the testator was hospitalised after being diagnosed with stage 4 lung cancer. While he was critically ill, a Will was prepared and signed on 6 October 2020.
Under this Will, his Malaysian wife was appointed as the sole executor and sole beneficiary of his estate. His Singapore partner and their two children were excluded from the distribution.
The testator passed away two days later, on 8 October 2020. Following his death, the Singapore family later challenged the validity of the Will in court.
What did the Court decide?
In this case, the High Court declared the Will invalid and treated the deceased as having died intestate, ordering all assets to be returned to the estate.
As the Malaysian wife, who was named as the sole executor and beneficiary under the Will, has filed an appeal, the court granted a partial stay, where the legal position is temporarily put on hold while all assets must still be returned to preserve the estate.
It is important to note that if the deceased is confirmed to have died intestate, his two children with the Singaporean partner (despite being born out of wedlock) may be entitled to a share of the estate under the Distribution Act 1958.
Why the court examined the Will carefully?
When a Will is made shortly before death, courts will usually examine the surrounding circumstances very closely.
In this case, medical records showed that the testator was receiving several strong medications as he was suffering severe pain from advanced cancer. Because these medications may affect mental clarity, expert psychiatric evidence was presented to assist the court in determining whether the testator had the necessary testamentary capacity when the Will was signed.
Beyond the medical evidence, the Court also looked for “Suspicious Circumstances” to ensure the Will was genuine. Several key points raised concern:
- Prepared just two days before death: The timeline was extremely tight, as the Will was signed only 48 hours before the testator passed away.
- Direct involvement of the sole beneficiary: The Malaysian wife, who was the only person to benefit, was directly involved in arranging the Will.
- Deathbed caution: Courts are naturally more cautious when a Will is made in extremis (close to death).
- Exclusion of long-term family: The Will completely excluded the Singapore partner and children, despite their long-term relationship with the deceased.
Similar issues have appeared in recent news
These issues are not limited to ordinary families. In fact, similar disputes have recently appeared in the news involving members of the Genting family.
The dispute relates to the estate of Lim Siew Kim, the youngest daughter of Genting founder Tan Sri Lim Goh Tong, whose estate has been reported to be worth approximately RM1.6 billion.
Court proceedings have been initiated by two of her children challenging aspects of the estate arrangements, including issues relating to the evidence of the deceased’s wishes.
While the case has attracted significant public attention, it illustrates how disagreements over estate planning arrangements can escalate into complex litigation when questions arise about the circumstances surrounding a Will.
A deathbed Will is not automatically invalid
It is important to note that a Will signed shortly before death is not automatically invalid.
Malaysian law does not prevent a person from making a Will during illness or near the end of life. However, for a Will to be valid, certain legal requirements must still be satisfied.
Firstly, the testator must have testamentary capacity, meaning the person must be of sound mind and understand the nature and effect of making a Will.
Secondly, the testator must have knowledge and approval of the contents of the Will, meaning that the document must reflect the testator’s true intentions.
Thirdly, the Will must be made voluntarily and without undue influence from other parties.
Finally, the Will must be properly executed in accordance with the Wills Act 1959, which requires the Will to be signed by the testator in the presence of two witnesses who also sign the document.
When a Will is prepared very close to the end of a person’s life, particularly when serious illness is involved, questions may sometimes arise as to whether these requirements have been fully satisfied. For this reason, courts may examine the surrounding circumstances more carefully.
Cases such as Aw Peck Luan & Anor v Kau Peck Guat [2025] 5 CLJ 895, as well as recent estate disputes reported in the news, demonstrate how Wills prepared very close to the end of a person’s life can easily become the subject of scrutiny and disagreement.
Even if a Will is ultimately found to be valid, the process of litigation may still create uncertainty, delay and emotional strain for family members.
From a practical perspective, preparing a Will earlier allows the process to be carried out more carefully and without urgency. You may amend your will at any time. However, when such scenarios arise, you should always consider rewriting it to reflect your true intentions.
For this reason, estate planning is often best approached as an ongoing process rather than something that is left until the final stage of life.
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