.

Client Inquiry:

.
“Hello, Lawyer Yeo. I have some questions regarding my will and would like to seek your legal advice.”

.

“I previously drafted a will naming my husband as the sole beneficiary and also nominated him as the sole beneficiary of my EPF and insurance policies.”

.

“However, our marriage has taken a turn for the worse, and we have recently decided to divorce. My primary concern is: Will my will be automatically revoked upon divorce?”

.

“If I make a new will after the divorce, naming my children as beneficiaries, would this second will remain valid if I remarry in the future?”

.

“I hope you can give me advice on these estate planning issues. Thank you.”

.

Answer:

.

1.    When handling divorce proceedings, we frequently receive inquiries from clients about whether their wills remain valid after divorce. This is particularly crucial for those who have named their ex-spouse as the sole beneficiary, as they need to determine whether their ex-spouse will still inherit their estate and whether drafting a new will is necessary.

.

2.    As one client aptly put it, “Who would want their assets to fall into the hands of an outsider/enemy?”

.

3.    So, does a will automatically become invalid after a divorce?

.

4.   The answer is no. In Malaysia, there is no law that revokes a will upon divorce. This means that if a testator passes away without drafting a new will, their ex-spouse may still inherit the estate as stated in the existing will.

.

5.    The same principle applies to EPF and insurance policies. If the testator does not update their nominee with the relevant institutions, the ex-spouse—still listed as the nominee—will be entitled to the EPF and insurance payouts.

.

6.    To prevent this and ensure that only their children, parents, or other intended beneficiaries inherit their assets, it is essential to draft a new will after the divorce and update the nominees for EPF and insurance policies. Taking these steps ensures that the estate is distributed according to the testator’s true wishes.

.

7.    Now the next golden question, would a Will automatically become invalid upon remarriage?

.

8.   Yes, it will. According to Section 12 of the Wills Act 1959 in Malaysia, a will is revoked upon the testator’s marriage:

.

      “Every will made by a man or woman shall be revoked by his or her marriage…”

.

9.   This means that if an individual remarries and wishes for their assets to be distributed according to a previous will, they must draft a new will after the remarriage to ensure their intended beneficiaries remain unchanged.

.

10.   However, there is one exception: if the will was made “in contemplation of marriage,” it remains valid after the marriage or remarriage.

.

11.   That said, such wills are uncommon in practice, as few individuals draft a will before marriage. If necessary, the will must explicitly state that it is “made in contemplation of marriage” to remain valid post-marriage in Malaysia.

.

.

The above is our sharing on Malaysian inheritance laws today. If you have any legal questions regarding wills, you can contact us via WhatsApp: https://wa.link/q3kmv5.

.

Like & Follow our Facebook Page to get more legal information.

.

You can learn other legal information from our website：https://www.yeolaw.my/

.

#Yeolawchambers #杨律师事务所 #divorce #离婚 #新山律师 #双方面离婚 #单方面离婚 #jointpetition #unilateraldivorce #JBlawfirm #JBlawyer #malaysiandivorce #will #遗嘱