How To Revoke A Will

revoke-will

How To Revoke A Will 

A Will can be revoked before the testator’s death, either voluntarily or effected by operation of the law when certain events happen, such as

2-witness1. Execution in Writing The testator can declare in writing his/her intention to revoke his/her Will dated on a certain day and put his/her signature on the piece of paper in the presence of two witnesses. The witnesses will then attest to his/her signature. The procedure is similar to the writing of a Will. [Section 14, Wills Act, 1959, Malaysia]

 

 

new-will-update2. Writing of a New Will This is the most common method of revoking a Will. A latter will always supersedes other earlier Wills. Therefore, a Will must be dated properly to avoid confusion or dispute in future. [Will/codicil – expressed and implied – Section 14, Wills Act, 1959, Malaysia]

 

  destroy-will3. Destruction – A Will is considered revoked if it is being destroyed with the intention of revoking it. Accidental destruction or destruction by a malicious third party will, however, not constitute effective revocation of the Will. A copy of the Will can be accepted by the court if it is proven that the original had been destroyed without the testator’s intention to revoke the Will. [Section 14, Wills Act, 1959, Malaysia]

 

marriage-can-revoke-a-will

4. Marriage – If a person is single at the time of writing his/her Will, this Will is automatically revoked once he/she marries. However, if he/she plans to marry in the near future, he/she can still make a Will now by stating in the document that it is being made in contemplation of his/her marriage to a particular person. The name of this future spouse must be clearly stated in the Will. [Section 12, Wills Act, 1959, Malaysia]

convert-to-islam5. Conversion to Islam Once a person converts to the Muslim faith, the distribution of his/her estate is governed by the Syariah Law (Islamic Law).

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