Home Finalizing the Will The Signing Process, Validity & Witnesses

The Signing Process, Validity & Witnesses

Last updated on Sep 29, 2026

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

  1. 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.

  2. 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.)

  3. Dating: Ensure the date of signing is written correctly on the document.

  4. Binding: The Will must be properly bound after signing.

Witness Requirements

  • Number of Witnesses: Two (2) witnesses are required.

  • 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:

  1. Digital Record: Scan the signed Will and upload it to the client's profile status in the Koha system.

  2. Physical Storage: Pass the original hardcopy to the client. The signed Will should be kept in a safe place.

    • If using Custody Services: Follow the specific instructions/checklist for transferring the original copy to the trustee partner.

    • If self-storage: Advise the client to use a waterproof & fireproof safe.

Frequently Asked Questions (Validity & Formatting)

  • 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.

  • Can I do digital signing for the Will?

    No, digital signatures for wills are not legally valid in Malaysia. Under the Wills Act 1959 and Electronic Commerce Act 2006, you must provide a "wet-ink" signature on a physical document. This must be done in the physical presence of two witnesses who also sign the paper.

Video Tutorial

Is there a specific legal requirement for how a Will must be bound?

There is no specific legal requirement regarding the physical presentation or binding method of the Will.

Traditional law firms may use:

  • Thicker paper

  • Single-sided printing

  • Staples

  • Ribbon binding

  • Wax seals

  • Sealed envelopes

These are primarily presentation, security and traditional practices rather than legal requirements.

Koha's recommended presentation is a protective cover and secure binding.

Should the Will be printed in colour?

There is no specific paper or colour requirement.

The Will may be printed in colour or black and white.

For scanning purposes, black ink signatures are recommended because they are easier to scan and read clearly.