When writing a will, most people focus on what they want to give, and to whom. But one overlooked detail can make all the difference—who signs your will as a witness.
Under Section 9 of the Wills Act 1959, there’s a crucial rule that many people are unaware of: any gift made to a witness—or even the spouse of a witness—is considered void. This means the person will not receive what you intended to give them in the will.
What Does Section 9 of Wills Act Actually Say?
Section 9 outlines the legal requirements for a valid will in Malaysia. One of these requirements is that the will must be witnessed by two people who are present when the testator (the person making the will) signs it.
However, there’s an added condition: if you leave a gift in your will to one of the witnesses, or to the spouse of a witness, that specific gift becomes legally invalid.
But don’t worry—the rest of the will is still valid. Only the gift to the witness or their spouse is cancelled.
This rule is meant to protect the integrity of your will. It helps prevent any suspicion that a witness might have influenced the contents of the will for personal gain.
Without this rule, someone could pressure or manipulate a testator into leaving them an inheritance, then conveniently sign off as a witness to validate the will. Section 9 helps avoid this kind of conflict of interest.