In Malaysia, the legal framework governing wills and estate distribution varies depending on whether an individual is Muslim or non-Muslim. For non-Muslims, the primary legislation is the Wills Act 1959, which sets out the formal requirements for creating a valid will. Under this law, the testator must be at least 18 years of age and of sound mind at the time of making the will. The will must be in writing, signed by the testator, and properly witnessed by two independent witnesses who are not beneficiaries. While holographic wills (entirely handwritten by the testator) are permitted, they carry higher risks of being challenged or deemed invalid due to ambiguities.

For the Muslim community, inheritance matters are governed by Shariah law as administered by the Syariah Courts. The distribution of a Muslim's estate follows the Faraid system, which prescribes fixed shares for specific heirs such as spouses, children, and parents. While this system takes precedence, Muslims may utilize a Wasiat (will) to allocate up to one-third of their estate to non-heirs, such as charities or friends, provided it does not interfere with the rightful shares of Faraid heirs. Additionally, the concept of Hibah (gift) allows Muslims to transfer assets during their lifetime outside of the Faraid framework.

The probate process in Malaysia, which validates and executes a will, typically takes between four months to two years, depending on the complexity of the estate and court backlogs. In cases where an individual passes away without a valid will (intestate), the estate distribution for non-Muslims falls under the Distribution Act 1958, while Muslim estates are distributed according to Faraid principles. Both scenarios often result in delays, additional costs, and potential family disputes, underscoring the importance of proper estate planning.

Special considerations apply to more complex situations, such as estates involving foreign assets, which may require separate probate proceedings in other jurisdictions, or business assets that need careful structuring to ensure continuity. Given the technical requirements and potential consequences of improper documentation, professional guidance is strongly recommended to navigate Malaysia's will laws effectively.