How to Store, Update & Revoke Your Will Safely

In short: Keep the signed original somewhere safe and accessible, and make sure your executor knows where it is. Review your will after big life events, and update it with a proper codicil or a new will — never by crossing things out. And know this crucial rule: in Malaysia, getting married automatically revokes your existing will (unless it was made in contemplation of that marriage).

Writing a will is step one. Keeping it valid, current, and findable is what makes it actually work when the day comes. Here's how to handle all three.

This guide covers non-Muslims in Peninsular Malaysia under the Wills Act 1959. Muslims use wasiat with different rules; Sabah and Sarawak have their own frameworks. General information, not legal advice.

How to store your will

Your will is only useful if your executor can produce the signed original when needed — courts generally want the original, not a photocopy. If the original is lost or destroyed (and not deliberately revoked), your estate may need to rely on a copy — which adds delay, cost, and risk of challenge.

Storage options compared

| Method | Pros | Cons | | --- | --- | --- | | Home safe | Free, immediate access | Fire/flood risk; family may not know combination | | Lawyer's office | Professional; lawyer may assist executor later | Firm may close/merge; retrieval depends on firm | | Trust company / will custody service | Purpose-built; often indexed | Annual fee; less common in Malaysia | | Safe deposit box (bank) | Secure | Bank may freeze access on death; executor needs court order to open | | With executor directly | They know exactly where it is | Risk of loss, damage, or premature reading |

Good practice:

• Store the original somewhere safe but accessible.
• Tell your executor where it is (and ideally give them a copy) — see

how to choose an executor.

• Keep a short note of where your assets are, so your executor isn't hunting blind — see

what assets to include.

• Avoid the classic mistake: a perfectly valid will that nobody can find is as good as no will.

What to store alongside your will

| Document | Why | | --- | --- | | Asset locator note | Bank names, policy numbers, property addresses — helps executor find things | | Codicils (if any) | Must be kept with the will; court needs all parts | | List of nominations | EPF and insurance nominee details (these are separate from the will) | | Marriage contemplation clause | If your will was made in contemplation of marriage, keep proof (engagement date, etc.) |

Don't store in the will itself: passwords, private keys, or information you want to keep private until death. Wills can become public during probate.

When should you update your will?

Review it after any major life change:

| Life event | Why it matters | Also check | | --- | --- | --- | | Marriage | Automatically revokes will (s.12) | EPF nomination also revoked (EPF Reg 6) | | Divorce | Does NOT auto-revoke — ex-spouse may still inherit | Update beneficiaries and executor if needed | | New child or grandchild | New dependant not covered | Guardianship wishes | | Death of beneficiary or executor | Gift may lapse; no one to administer | Name alternates | | Buying/selling major asset | Will may reference assets you no longer own | Update asset list | | Starting a business | New asset class | Shareholder agreement may affect succession | | Moving overseas | Cross-border implications | Foreign will may be needed | | Every 2–3 years | General check-in | Nominations, asset list, executor still willing |

I told myself I'd revisit mine every year or two — life changes, new assets appear, new people enter the picture.

The rule almost nobody knows: marriage revokes your will (Wills Act s.12)

This is the most dangerous gap in Malaysian estate planning. Under Wills Act 1959, section 12:

"Every will made by a man or woman shall be revoked by his or her marriage (except a will made in exercise of a power of appointment).

What s.12 means in plain English

| Situation | Effect on your will | | --- | --- | | You wrote a will while single, then marry | Your will is automatically revoked — as if it never existed | | You wrote a will in contemplation of marrying a specific person, then marry that person | Will survives the marriage (if properly drafted) | | You wrote a will while married, then remarry after divorce/widowhood | Previous will is revoked by the new marriage | | You wrote a will while married, then divorce | Will is NOT revoked — still valid, including gifts to ex-spouse |

"In contemplation of marriage" — the exception

If you want your existing will to survive your upcoming marriage, it must be made expressly in contemplation of that marriage — and ideally name the person you're marrying. This is a specific legal clause, not a vague intention. A lawyer can draft it; a DIY will almost never includes it.

Example clause (simplified): "This will is made in contemplation of my forthcoming marriage to [name] and I intend it shall not be revoked by that marriage."

Without this clause, the safest action after any marriage is: write a new will.

The parallel: EPF nomination is also revoked by marriage

Under EPF Regulations 2001, Regulation 6, marriage also revokes your EPF nomination. So newlyweds often have:

• No valid will (revoked by s.12)
• No valid EPF nomination (revoked by Reg 6)

If you die before fixing both, your estate and EPF are distributed under the Distribution Act 1958 — not your previous wishes. This is a double trap.

Divorce: the opposite problem

Divorce does not automatically revoke your will in Malaysia. If you named your ex-spouse as beneficiary or executor, they may still inherit and administer unless you actively update your will. After divorce, treat a will update as urgent — not optional.

How to update a will properly

There are two correct ways:

Option 1: Codicil

A codicil is a separate signed, witnessed document that amends specific parts of your existing will. Under the Wills Act, a codicil must meet the same signing and witnessing formalities as the will itself (s.5) — two witnesses, present together, not beneficiaries.

| Best for | Examples | | --- | --- | | Small, clear changes | Adding a new bank account, changing executor, adding a cash gift | | Quick updates | One or two clauses need changing |

Requirements:

• Must be in writing
• Signed by you in the presence of two witnesses (who sign in your presence)
• Witnesses must not be beneficiaries
• Should reference the date of the original will
• Must be stored with the original will

Option 2: New will

For anything substantial, it's cleaner to write a fresh will that revokes all previous wills (a standard opening revocation clause does this). This avoids confusion between conflicting documents.

| Best for | Examples | | --- | --- | | Major life changes | Marriage, new child, divorce | | Multiple changes | Several clauses need updating | | Old will is messy | Already has codicils; starting fresh is clearer |

Standard revocation clause: "I revoke all former wills and testamentary dispositions made by me and declare this to be my last will."

What NOT to do

Never amend a will by:

• Crossing out words or writing in margins
• Stapling handwritten notes to the will
• Typing changes and printing over the original
• Telling your family verbally that you "changed your mind"

Unwitnessed alterations are ineffective at best and can cast doubt on the whole document at worst. A court may treat the will as either the original unaltered version or question its integrity entirely.

How to revoke a will (Wills Act s.14)

Section 14 of the Wills Act 1959 sets out how a will (or part of it) may be revoked:

"No will or codicil or any part thereof shall be revoked otherwise than — (a) by another will or codicil executed in the manner required by this Act; (b) by some writing declaring an intention to revoke the same executed in the manner in which a will is required to be executed; or (c) by the burning, tearing or otherwise destroying of the same by the testator or by some person in his presence and by his direction with the intention of revoking the same."

The four revocation methods explained

| Method | Wills Act basis | How it works | Risk | | --- | --- | --- | --- | | New will or codicil | s.14(a) | New document with proper formalities that revokes the old will | Low — most common and safest | | Written revocation document | s.14(b) | Separate signed, witnessed document stating you revoke the will | Low — rarely used but valid | | Physical destruction | s.14(c) | Burning, tearing, or destroying the original with intent to revoke | High — if you destroy but don't replace, you die intestate | | Marriage | s.12 | Automatic by operation of law | Medium — often unintended |

Method 1: New will (s.14(a)) — recommended

Make a new will with a revocation clause. The new will must be signed and witnessed with the same formalities as the original. This is what most people do when they "update" their will.

Method 2: Written revocation (s.14(b)) — uncommon

A standalone document declaring your intention to revoke, signed and witnessed like a will. Unusual in practice because most people simply make a new will instead. Useful if you want to revoke immediately but haven't yet drafted the replacement.

Method 3: Physical destruction (s.14(c)) — dangerous

You can revoke by deliberately burning, tearing, or destroying the will — but only with the intention of revoking it. Accidental destruction (house fire, lost document) is not revocation.

Critical warning: If you destroy your will intending to revoke it but don't make a new one, you die intestate — and the Distribution Act 1958 decides who gets what. The safer path is almost always to replace rather than simply destroy.

Destruction must be done by you, or by someone in your presence and by your direction. A family member who tears up your will after your death is not revoking it — they may be committing an offence and causing serious legal problems.

Method 4: Marriage (s.12) — automatic

No action required — and that's the problem. Many people don't realise their will was revoked until it's too late. After marriage, assume your old will is void unless it was made in contemplation of that marriage.

Partial revocation

Section 14 also allows partial revocation — revoking specific gifts while keeping the rest of the will. This is typically done via codicil or a new will that only changes certain clauses.

Worked example: Jason's marriage trap

Jason Tan Wei Jian, 34, software engineer in KL, wrote a will in 2022 while single:

• Left everything to his parents
• Named his brother as executor
• EPF nominated to parents
• Stored will in home safe; brother knows the location

In 2024, Jason marries Michelle. He updates his EPF nomination to Michelle but forgets to write a new will.

In 2025, Jason dies in an accident.

| Document | Status after marriage | Effect | | --- | --- | --- | | Will (2022) | Revoked by s.12 — void | Jason is treated as intestate | | EPF nomination | Updated to Michelle | Michelle receives EPF directly | | Distribution | Distribution Act 1958 applies | Michelle gets a statutory share; parents get a share; not "everything to parents" as Jason's old will intended |

Jason's parents receive less than he wanted. His brother has no authority as executor (that appointment died with the revoked will). Michelle must apply for Letters of Administration — slower and more costly than probate with a valid will.

What Jason should have done after marrying Michelle:

1. 1Written a new will leaving assets per his updated wishes
2. 2Updated EPF nomination (he did this correctly)
3. 3Updated insurance nominations
4. 4Told his new executor where the new will is stored

Edge cases and common mistakes

Mistake 1: Assuming a copy is enough

Courts want the original. A lost original means extra court applications (proving the copy), delay, and higher legal fees. Guard the original.

Mistake 2: Storing only with a lawyer who later retires

Law firms close, merge, and lose files. Keep your own record of where the will is. Give your executor a copy.

Mistake 3: Handwritten edits after signing

"I'll just cross out my ex-wife's name and write my new partner's name." This is not a valid amendment. Make a codicil or new will.

Mistake 4: Multiple conflicting wills

Will from 2020 says everything to spouse. Will from 2023 says everything to children. Without a revocation clause in the 2023 will, you may have a partial conflict. Always include: "I revoke all former wills."

Mistake 5: Forgetting codicils when making a new will

If your new will doesn't revoke prior codicils, an old codicil may still be effective for the clauses it amended. A proper revocation clause covers codicils too.

Mistake 6: Not updating after executor's death

Your sole executor dies before you. Your will still names them. Your alternate (if named) steps in — but if you have no alternate, there's a gap.

Edge case: Lost will, no copy

Your family knows you made a will but can't find it. They may need to apply to court to prove a copy or reconstruct the will — expensive and uncertain. Prevention is everything.

Edge case: Safe deposit box at bank

Banks often freeze safe deposit boxes when the account holder dies. Your executor may need a court order before accessing the box — which is awkward if your will is inside it. Home safe or lawyer storage is usually more practical.

Practical checklist: storing, updating, and revoking

Storage:

• [ ] Signed original stored in a safe, accessible location
• [ ] Executor knows where the original is
• [ ] Executor has a copy (or knows how to get one)
• [ ] Asset locator note stored separately (not in the will)
• [ ] Codicils (if any) stored with the original will

After major life events:

• [ ] Marriage → write new will (unless made in contemplation of marriage)
• [ ] Marriage → re-nominate EPF (Reg 6 revokes nomination)
• [ ] Divorce → update will to remove ex-spouse as beneficiary/executor
• [ ] New child → update guardianship and beneficiaries
• [ ] Death of executor → confirm alternate can act, or update
• [ ] Major asset change → update asset list in will

Updating properly:

• [ ] Use codicil (small changes) or new will (substantial changes)
• [ ] New will includes revocation clause revoking all prior wills and codicils
• [ ] Same witnessing formalities as original (two non-beneficiary witnesses)
• [ ] Never hand-edit the signed original

Revoking safely:

• [ ] Prefer new will over destruction
• [ ] If destroying old will, ensure new will is already signed and stored
• [ ] Understand s.12 — marriage revokes automatically