In estate planning, I often hear clients say:
“Yes, I’ve written my Will — but I don’t want to tell my family yet. They’ll find it when the time comes.”
While this concern is understandable — especially when people want to avoid premature discussions or potential family tension — from a professional standpoint, not communicating the existence or location of your Will can result in serious consequences.
The Will Existed — But Couldn’t Be Found
A client of ours had prepared a valid Will during her lifetime. It was properly signed, witnessed, and legally sound. Her husband knew she had made a Will — but she never told him where she kept it.
After her passing, the family searched everywhere — drawers, safes, old files — but they could not find the original Will. There was no copy either. Despite knowing she had left instructions, they simply had no access to the document.
With no valid Will available, the family had no choice but to apply for distribution of the estate under Malaysia’s Distribution Act 1958 — the law that governs intestate estates (i.e. where no Will can be produced).
The outcome?
- The legal process took significantly longer
- Legal costs increased
- And most painfully, the distribution did not reflect the true wishes of the deceased
What Happens When a Will Is Missing?
Under Malaysian law, if the original Will cannot be found, and no certified copy can be proven valid, the estate is treated as if no Will exists.
That means it must be distributed according to the Distribution Act 1958, not based on the deceased’s personal intentions.
Limitations of the Distribution Act
While immediate family members such as spouses, children, and parents can still inherit under the law, several important aspects are lost when a Will cannot be produced:
- No Specific Asset Distribution
The law only divides the estate based on percentage shares. You can’t allocate who receives a particular house, car, or savings account.
- No Guardian Appointment
If there are minor children, and no guardian has been nominated in the Will, disputes may arise over custody and care — possibly requiring court intervention.
- No Clear Debt Management Plan
Without a Will, you cannot assign specific assets to settle debts like housing or car loans, which may lead to rushed or forced asset liquidation.
- More Time, More Complexity
Applying for letters of administration (no Will) is generally more complicated and time-consuming than applying for a grant of probate (with a Will).
Let Someone Know You’ve Made a Will
You don’t need to share the full contents of your Will. But at the very least, your trusted family member(s) should know that a Will exists and where it is kept.
Here are a few best practices:
- Store the Will with a lawyer, estate planning company, or in a secure location
- Inform at least one trusted person where it is stored
- Leave a written note or sealed letter with instructions if you prefer privacy
This small step can make a significant difference — not only in executing your wishes but in reducing stress and conflict among your loved ones.
A Will Must Be More Than Just Written — It Must Be Found
Too often, the focus is on “whether or not a Will exists.” But the real question is:
“Will my loved ones be able to find it when it matters?”
An effective Will is not just a document — it’s a tool to protect your family and ensure your final intentions are respected.
If you’ve already written a Will, take a few minutes to ask yourself:
- Do my family members know I have one?
- Do they know who to contact or where to retrieve it?
- Is it stored securely, and will it be accessible when needed?
Taking these steps ensures your Will is not just a piece of paper — but a meaningful legacy plan your family can rely on.
For further details, you may make an appointment with our legal advisor here:
https://calendly.com/finex-and-co-legacy-advisory/tea-talk-with-legal-expert
