Wasiat is defined in Section 5 of the Selangor Enactment, which states that a “will” is defined as “an iqrar (promise) made by a person during his lifetime with respect to his property or benefit thereof, to be carried out for the purposes of charity or any other purposes permissible by Islamic Law, after his death.”

A Wasiat is a document or instruction given orally or in writing by a Muslim allowing him or her to bequeath one-third of their property to beneficiaries who are not their Faraid heirs. Apart from property, a testator may direct the Wasi to perform certain acts upon his or her demise.

Rukun Wasiat

According to Syariah, a Wasiat is composed of four rukun. This is a list of the rukun:

1. The Testator – the individual who is providing the instructions.
2. The Beneficiary – the person who is receiving assets from the Testator.
3. Bequeathed Assets – the estate property.
4. Sighah – Lafaz Wasiat

Importance of Wasiat

1. Expedite legal process and less costly.
2. Choose your own Executor and Trustee (Wasi dan Pemegang Amanah) & Guardian for minor children.
3. Settlement of debts (actual & spiritual).
4. Distribution up to 1/3 of the total estate to non-Faraid beneficiaries.
5. Declaration of Harta Sepencarian.
6. Mitigate Family Disputes.
7. For charitable purposes in order to gain reward in the Hereafter – Wakaf/Tabung Amanah Amal Jariah
8. No requirement of administration bond.

Section 2 of the Wills Act 1959 defines a Will as “a declaration intended to have legal effect of the intentions of a testator with respect to his property or other matters which he desires to be carried into effect after his death and includes a testament, a codicil and an appointment by will or by writing in the nature of a will in exercise of a power and also a disposition by will or testament of the guardianship, custody and tuition of any child.”

It can be simply defined as a legally binding document where your distribution wishes are expressed. In Malaysia, the Wills for non-Muslims must comply with the Wills Act 1959 or the Wills Ordinance 1953, in the case of Sabah.

Importance of Will

1. It supersedes the Distribution Act 1958 where
   you can control your distribution to your loved ones.
2. Expedite legal process and less costly.
3. Choose your own Executor and Trustee & Guardian for minor children.

1. Settlement of debts.
2. Mitigate Family Disputes.
3. Opportunity to meet special needs for loved ones who are not members of the family.
4. Testamentary Trust created under a Will.
5. No requirement of administration bond.

A Will/Wasiat must adhere to the following requirements in order to be valid:-

1. The Testator (the person who makes the Will/Wasiat) must be at least 18 years old in West Malaysia and Sarawak, and 21 years old for non-Muslim in Sabah.
2. Testator must be of sound mind;
3. Will/Wasiat must be made in writing and signed;
4. Two witnesses must be present when the Will/Wasiat is signed. The witness to the Will/Wasiat signing cannot be the beneficiary or the beneficiary’s spouse. For Muslims, 2 male Muslims for or 1 male Muslim & 2 female Muslims.

1. Standard Will/Wasiat Writing Services

A Standard Will/Wasiat is a straightforward Will/Wasiat document (templated) that a Testator can walk into any Palladium Trustee branch or meet with our agents and sign on the spot—the same day. This will typically include the appointment of Executor, and distribution will be determined by percentage of entitlement or by Faraid Law (for Muslims) from the Testator’s entire estate.

2. Comprehensive Will/Wasiat Writing Services