Malaysia vs Singapore
Wills for Malaysian property: a guide for Singapore owners
Many Singaporeans and Singapore residents own a condo in Johor Bahru or elsewhere in Malaysia. The two will systems look alike because both come from English law, but a Singapore will and a Singapore grant do not transfer Malaysian property on their own. This page explains the differences and the practical steps.
In short
Key points
- Malaysian land and condos are inherited under Malaysian law, even if the owner lived and died in Singapore.
- A Singapore grant of probate can usually be resealed by the Malaysian High Court because both are Commonwealth countries.
- Singapore requires a testator to be over 21; Malaysia’s age of majority is 18 — the signing formalities are otherwise very similar.
- Without a will, Singapore and Malaysia split estates differently; Malaysian immovable property follows Malaysia’s Distribution Act 1958.
- Neither country has estate duty: Singapore abolished it in 2008, Malaysia in 1991.
- A separate will for Malaysian assets, drafted to sit alongside your Singapore will, is often the quickest route for heirs.
The Singapore system
How wills and inheritance work in Singapore
In Singapore, non-Muslim wills are governed by the Wills Act 1838. The testator must be over 21, the will must be in writing, signed at the end, and witnessed by two people present at the same time. Without a will, the Intestate Succession Act 1967 applies — for example, a surviving spouse and children each take half. Singapore also allows close family to ask the court for reasonable maintenance under its family provision legislation.
Muslims in Singapore are covered by the Administration of Muslim Law Act 1966: shares follow faraid, bequests are limited to one-third, and the Syariah Court issues an inheritance certificate. CPF savings pass by CPF nomination, not by will, and jointly held HDB flats or private homes pass by survivorship to the other joint tenant. Estate duty was abolished for deaths on or after 15 February 2008.
Comparison
Malaysia vs Singapore side by side
| Point | Malaysia | Singapore |
|---|---|---|
| Main will law (non-Muslims) | Wills Act 1959 (Peninsular Malaysia only); Sabah and Sarawak have ordinances | Wills Act 1838 |
| Minimum age | 18 | Over 21 |
| Witnesses | Two, present together; a beneficiary-witness loses the gift | Two, present together; a beneficiary-witness loses the gift |
| Marriage | Revokes an earlier will unless made in contemplation of marriage | Revokes an earlier will unless made in contemplation of marriage |
| No will — spouse and children | Spouse 1/3, children 2/3 (Distribution Act 1958) | Spouse 1/2, children 1/2 (Intestate Succession Act) |
| Muslim estates | Faraid; wasiat up to 1/3; Syariah court certificate | Faraid under AMLA; bequest up to 1/3; Syariah Court inheritance certificate |
| Estate duty | None (abolished 1991) | None (abolished 15 February 2008) |
| Smaller estates | Small estates route up to RM5 million if no will; Amanah Raya for movables up to RM600,000 | Public Trustee for smaller intestate estates |
| Foreign grants | Commonwealth grants can be resealed (PAA 1959 s.52) | Commonwealth grants can be resealed; others need a fresh grant |
Wills Act 1959 (Malaysia); Distribution Act 1958; Rajah & Tann, International Succession (Singapore chapter); Singapore statutes; checked October 2026.
Cross-border
What carries over to Malaysia — and what does not
Both countries apply the same basic rule: land follows the law of the place where it is; movable assets follow the law of the owner’s domicile.
- Your Singapore will can be used. Section 27 of Malaysia’s Wills Act 1959 accepts a will made abroad if it was executed in line with Malaysian law, the law of the place where it was signed, or the law of your domicile. A properly witnessed Singapore will normally meets this.
- The Singapore grant can usually be resealed. Under section 52 of Malaysia’s Probate and Administration Act 1959, the Malaysian High Court can reseal a grant issued by a court in another Commonwealth country, typically where the deceased was domiciled there. A Malaysian lawyer files the application with the sealed Singapore grant and a list of Malaysian assets.
- Intestacy does not carry over for land. If there is no will, your Johor or KL property is divided under Malaysia’s Distribution Act 1958, not Singapore’s Intestate Succession Act — so the spouse’s share of that property can differ from the share of your Singapore assets.
- CPF and HDB arrangements do not reach Malaysia. A CPF nomination covers CPF money only. Malaysian joint ownership is usually tenancy in common, so each share passes under the owner’s will rather than automatically to the other owner — see ownership structures.
- Waiting time adds up. Resealing can only start after the Singapore grant is issued, so the Malaysian property is frozen for the whole Singapore process plus the Malaysian one.
Planning option
Should you make a separate Malaysian will?
Many cross-border owners keep two wills: one for Singapore assets and one for Malaysian assets.
Faster for heirs
Your Malaysian executor can apply for probate in Malaysia straight away, in parallel with the Singapore process, rather than waiting to reseal.
Local executor
A family member or trust company who can attend to Malaysian banks, the developer, the management body and the land office.
Drafting care
Each will must say which assets it covers and must not revoke the other. A standard ‘I revoke all former wills’ clause in a later will can cancel the first. Ask both lawyers to coordinate.
Muslim owners
A Singapore Muslim’s Malaysian property is still distributed by faraid, with a Malaysian Syariah court certificate usually needed for the Malaysian application. A wasiat or hibah should be prepared with advice in both countries.
Practical steps
Practical steps for Singapore-based owners
- Keep a one-page list of Malaysian assets: strata title or title number, address, SPA, loan account, tenancy, Malaysian bank accounts.
- Check how title is held — sole name, joint, or through a company — and whether a Malaysian loan has MRTA or MLTA cover (see home loans in Malaysia).
- Decide between one Singapore will (with resealing) or a separate Malaysian will; ask a Malaysian lawyer to draft or review the Malaysian side.
- If heirs are Singaporean, remember they will be foreign owners in Malaysia; state rules for foreigners are on property by state.
- Tell your executor where the original wills are kept in both countries.
- If heirs plan to sell, budget for Malaysian real property gains tax and fees — see property tax: Malaysia vs Singapore.
Straight answers
Frequently asked questions
Is my Singapore will valid for my Johor property?
It can be. Malaysia’s Wills Act 1959 s.27 accepts a will made outside Malaysia if it complies with the law where it was made or the law of your domicile. The will still has to be proved through a Malaysian grant or resealing before the property can be transferred.
Can a Singapore grant of probate be used in Malaysia?
Not directly, but it can usually be resealed by the Malaysian High Court under s.52 of the Probate and Administration Act 1959, as Singapore is a Commonwealth country. A Malaysian lawyer handles the application.
Do I need two wills if I own property in Singapore and Malaysia?
Not legally, but many owners use a separate Malaysian will so the Malaysian estate can be handled in parallel. The two wills must be drafted so neither revokes the other.
Who inherits my Malaysian condo if I die without a will?
Malaysian immovable property follows Malaysia’s Distribution Act 1958, for example spouse one-third and children two-thirds, regardless of Singapore’s intestacy rules.
Is there inheritance tax on Malaysian property for Singaporeans?
Malaysia has no estate duty, and Singapore abolished estate duty in 2008. Costs are legal and court fees, plus taxes if the heirs later sell.
Can my children in Singapore inherit my Malaysian property?
Yes, but as foreigners they may need state consent and must follow foreign-ownership rules if they keep it. Ask the Malaysian lawyer to check this before distribution.
Compare
Wills and estates: Malaysia and other countries
Other guides
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