Malaysia legislation

Section 6

of Muslim Wills State Sabah Enactment 2018

Section 6

(1)

A testator shall be a person who –

(a)

has attained the age of 18 years old;

(b)

is not of unsound mind;

(c)

is acting of his own free will and without coercion; and

(d)

is not prohibited to administer his property.

(2)

A will of a person who is not competent to be a testator according to Hukum Syarak, is not valid except with the consent and authorization of the Court.

(3)

Where a testator is ill at the time of making of the will, he shall be of sound mind, of good memory and understands the act of making will.

(4)

Where a testator is in marad al maut, his bequest shall not exceed one-third of his property and if the bequest exceeds one-third of his property, the excess shall be given effect to only with the consent of all the heirs.

Conditions of beneficiary

Section 6 — Muslim Wills State Sabah Enactment 2018