Overview
A Will must be properly signed and witnessed to be legally valid. This section outlines the strict execution requirements, witness criteria, and post-signing procedures to ensure the document holds up in court.
The Signing Ceremony: Step-by-Step
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Preparation: Ensure the Will document has been generated, reviewed, and printed. The names of the Executors and Witnesses entered in the system will automatically appear in the generated document.
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Presence: The Testator must sign the Will in the physical presence of two witnesses at the same time. (Note: It is incorrect practice for the Testator and Witnesses to sign at different times.)
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Dating: Ensure the date of signing is written correctly on the document.
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Binding: The Will must be properly bound after signing.
Witness Requirements
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Number of Witnesses: Two (2) witnesses are required.
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Validity: If witnesses pass away or become unreachable in the future, the Will remains valid.
Post-Signing Procedures
Once the Will is signed, follow these steps:
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Digital Record: Scan the signed Will and upload it to the client's profile status in the Koha system.
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Physical Storage: Pass the original hardcopy to the client. The signed Will should be kept in a safe place.
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If using Custody Services: Follow the specific instructions/checklist for transferring the original copy to the trustee partner.
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If self-storage: Advise the client to use a waterproof & fireproof safe.
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Frequently Asked Questions (Validity & Formatting)
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Does the Will need to be stamped?
No, the Will does not need to be stamped by LHDN to be valid. -
Is the hardcopy required to be in color?
Both color and black & white prints are legally acceptable. -
Can I write the Will in other languages?
For a Grant of Probate in Malaysia, the Will must be in English or Bahasa Malaysia. Wills in other languages (e.g., Mandarin) require a verified translation by a qualified translator, adding cost and complexity to the process.
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