Essentially every individual who seek to put their affairs in order by taking the advantages offered by planning their estate early can make a Will. For Muslims, only 1/3 of the whole estate may be given away to non beneficiaries while the balance must be distributed in accordance with the Islamic Faraid Law, except where the lawful beneficiaries of the Testator agree otherwise. On the other hand, for Non Muslims, a person may determine the manner in which his/her entire assets were to be distributed upon his/her demise through a Will without any restrictions.

It should be noted however that a Will is only valid if at the time it was made the Testator: is :

a) a person who has attained the age of 18 (Peninsular Malaysia & Sarawak) or 21 in Sabah;

b) of sound mind;

c) acting on his own free will and without coercion; and

d) not prohibited to administer his property.