Many people have concerns about the validity of their will if their estate planner has passed away, the will company ceases to exist, or the law firm closes down. Fortunately, the validity of your will is not impacted by such circumstances.
In this article, we will explain why your will is still valid, why it’s important to store it safely, and what you can do to protect your estate plans.
Your Will’s Validity
The validity of a will is determined by whether it was properly executed according to legal requirements, such as being signed and witnessed appropriately -S5 of the Wills Act 1959.
Section 5 states that for a will to be valid, it must meet the following requirements:
- In Writing: The will must be in writing.
- Signature of the Testator: The will must be signed by the testator (the person making the will)
- Presence of Witnesses: The signature of the testator must be made in the presence of at least two witnesses, who must also sign the will in the presence of the testator and each other.
- Mental Capacity: The testator must be of sound mind and at least 18 years old for Peninsular Malaysia & Sarawak, 21 years old for Sabah at the time of making the will.
The operational status of the estate planning company or law firm that drafted or stored the will does not impact its legality. Once a will has been legally executed, it remains valid until it is revoked, replaced by the testator (rewriting another will), or declared invalid by a court.
To ensure your will remains secure and accessible, consider these practical tips.
Practical tips
- Proper Will Storage
Proper will storage is essential to ensure your estate is distributed according to your wishes. Many will-writing companies and law firms offer custody storage services to keep your will safe. While this is a convenient option, it’s critical to ensure the storage provider has reliable measures in place to protect your document, even in cases of financial difficulties or closure.
- Additional Will Copy as Back up
It’s also a good practice to keep an original copy of your will and let the company or law firm store another as a backup. The future is unpredictable, and having multiple copies minimizes the risk of unforeseen events.
- Inform your Executor / Trusted family member
Additionally, always retain a copy of your will for your personal records and inform your executor or a trusted family member about its location. This ensures accessibility and reduces the chances of misplacement or loss.
- Grant of Probate
Any law firm can assist with obtaining a grant of probate, even if they were not involved in drafting the will. As long as the executor can provide the original will, the law firm can handle the probate process regardless of whether the previous law firm has closed down or the will company has ceased to exist.
In a nutshell, the closure of a will-writing company or law firm won’t affect your will’s validity. Keep the original safe and accessible to ensure your wishes are honored.
遗嘱公司或律师事务所关闭了？您的遗嘱仍然有效！
很多人会担心，如果遗嘱公司关闭、律师事务所停业，或者负责遗嘱的规划师去世，他们的遗嘱是否会失效。庆幸的是，这些情况并不会影响遗嘱的法律效力。
在本文中，我们将为您解答为什么您的遗嘱仍然有效，并强调妥善保存遗嘱的重要性。
您的遗嘱仍然有效
遗嘱是否有效，取决于它是否按照法律要求正确执行，例如是否完成了签署和见证程序。
根据S5 of the Wills Act 1959，一份遗嘱要有效，必须满足以下要求：
- 书面形式：遗嘱必须是书面形式、口头遗嘱是无效的。
- 立遗嘱人签名：立遗嘱人必须签名。
- 见证人在场：立遗嘱人的签名必须在至少两名见证人在场的情况下进行。这些见证人也必须在立遗嘱人面前以及彼此在场的情况下签署遗嘱。
- 心智能力：立遗嘱人必须心智健全，并满足最低年龄要求：
- 马来西亚半岛和砂拉越：至少18岁。
- 沙巴：至少21岁。
起草或存放遗嘱的公司或律师事务所是否仍在运营，与遗嘱的法律效力无关。一旦遗嘱合法生效，它将持续有效，除非：
- 遗嘱被撤销，
- 由立遗嘱人（您）重新起草新的遗嘱取代，
- 或被法院宣判无效。
为了确保您的遗嘱安全且易于查找，您可以采取以下措施：
实用小贴士
- 妥善保存遗嘱：将遗嘱存放在可靠的机构，例如专业的遗嘱公司或律师事务所。这些机构通常提供保管服务，但请确保它们具备稳妥的措施，即使面临经济问题或停业，也能保护您的文件安全。
- 备份原件：建议您保留一份遗嘱的原件，同时让遗嘱公司或律师事务所存放另一份作为备份。未来充满不确定性，多份原件可以减少意外风险。
- 通知受托人：将遗嘱副本留作个人记录，并告知您的执行人或值得信任的家人遗嘱的存放地点。这能确保遗嘱随时可用，避免丢失或找不到的情况。
- 无需担心换律师事务所：即使原来起草或保管遗嘱的遗嘱公司或律师事务所关闭，任何律师事务所都可以协助办理遗嘱认证。只要执行人提供遗嘱原件，律师事务所就能完成遗嘱认证的相关程序。
总结
遗嘱公司或律师事务所的关闭不会影响您的遗嘱效力。妥善保存遗嘱并确保可轻松获取，才能保证您的意愿得以实现。
