If you own property in two countries, you might need two wills. The biggest gap I see with cross-border owners is assuming the will they wrote back home automatically takes care of their Malaysian property too. It usually doesn’t work that cleanly.
Your situation is different? Ask me on WhatsApp. I reply myself, usually the same day.
Ask Jason on WhatsAppA foreign will can cover Malaysian assets
That part is not the problem. A will made overseas can legally include property in Malaysia. The problem is enforcing it here.
Why it takes longer
Your executor first needs a grant of probate in your home country. Then that grant has to be resealed by a Malaysian court (possible for grants from many Commonwealth countries, such as Singapore), or the executor has to apply for a fresh grant here. Foreign documents, certified copies and two sets of lawyers all add time. Meanwhile, the Malaysian property just sits there: it can’t be sold, transferred or refinanced.
How a separate Malaysian will helps
| Home-country will only | Home-country will + Malaysian will | |
|---|---|---|
| Malaysian property | Waits for the foreign grant, then resealing | Malaysian executor applies for probate here directly |
| Executor | Usually overseas | Can be someone in Malaysia |
| Home-country assets | Covered | Still covered by the home will |
A Malaysian will does not replace your home-country will. It runs alongside it, covering only your Malaysian assets, so your family can deal with them faster.
The drafting trap to avoid
Most wills start by revoking all earlier wills. If your new Malaysian will does that, it could accidentally cancel your home-country will, or the reverse. Each will should be limited to the assets in its own country and say clearly that it does not revoke the other. Tell the person drafting each will that the other exists.
Related: The truth about “double death tax” · Foreign beneficiaries and state consent · Why your Malaysian property needs a will
Own property here and back home? It is worth a 15-minute check with someone who understands both sides. I am a licensed will writer as well as a property agent.
General information, not legal advice. Will rules differ by country; get advice in each jurisdiction. By Jason Lim (REN 84424, IQI Realty Sdn. Bhd. E (1) 1584/6), licensed will writer.