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Writing a Will : Before Divorce and After Marriage

The importance of writing a will can never be undermined. A will allows you to plan, determine and choose who inherits your assets, who shall act as guardian for your children and who shall be named as your executor to ensure that your last wishes are carried out in the manner you intended to. It is interesting to know that the validity of a Will is not affected by divorce but by marriage, in which many people have the opposite intention or perception. 


Before moving towards divorce, it is advisable to write a will to determine if you would want your spouse to benefit from your estate. Do not wait until a divorce has been finalized as it might be too late. If you die without a will before completion of your divorce proceeding, then your spouse would be able entitled to your estate, regardless if you want him/her to be.

Judicial Separation
A different situation applies if you are intending or in the process of applying for a judicial separation instead of filing of divorce petition. This is because, after obtaining a judicial separation order from the Court, a woman would be able to claim his husband's property, as his wife, if he dies intestate. However, the same does not apply to a man who would not be able to claim his wife's property (as she can claim his) if she dies intestate.


Many people are not aware that a Will is automatically revoked upon his/her marriage. Hence it is necessary to make a new Will right after a marriage otherwise that person is deemed to have died intestate (without a will) and the law on intestacy will apply.

If a will is made in contemplation of marriage and is expressly provided, then such will shall not revoke on the solemnization of that marriage.

Do always remember to keep your will up to date to reflect your real intention and to ensure those you love are protected.  To speak to a lawyer on your estate planning, click the button below.

Get in Touch

C-27-1 Level 27 Trillion No., 338, Jalan Tun Razak,50400 Kuala Lumpur, Wilayah Persekutuan Kuala Lumpur, Malaysia

03-2726 9601

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