When Lily’s father, Arvind Raj, passed away suddenly from a heart attack, it felt like the ground had been ripped from beneath her. A devoted man of faith, he had always been the pillar of strength and deeply protective of his family’s future.
In one of their last conversations, he had looked her in the eye and said, “Don’t worry, Lily. Everything is sorted. I’ve done my Will.”
That single sentence gave her comfort in the days following his funeral. While grief rippled through the family, she clung to the belief her father had left them with clarity and structure. But what came next was a rude awakening.
The bank accounts were frozen. Their family home—where her mother still lived—was technically under her late father’s name alone, and now part of a frozen estate. Lily’s younger brother’s university tuition got delayed because the funds were in her father’s account. Her mother, already weakened by the loss of her partner, was being hounded by bill collectors and couldn’t access funds to pay even basic necessities.
As an executor of the Will, Lily found herself thrown into navigating probate procedures she didn’t fully understand, facing delays that stretched for months. Legal fees mounted. Her siblings started questioning her decisions. Old family tensions resurfaced.
The very document her father had created to provide peace had inadvertently become a source of confusion and emotional turmoil. She quickly realised that a Will, while essential, had limitations she hadn’t anticipated. What would have made the difference?
The answer lies in understanding the unique roles of both Wills and Trusts and how they complement each other in building a complete estate plan.
A Will is often the first document people think of when planning for the future. It spells out your final wishes and is a legal declaration of one’s voice. Naming beneficiaries, appointing executors, specifying guardians for minors and stating how property should be passed on are important steps — and must go through the legal process known as probate.
However, if a parent wants immediate protection for minor children after their insurance payout or after turning 18 or upon completing education, a Trust can spell out that timeline for the Trustee to ensure the benefits are allocated with specific needs such as children with special needs or shield assets from creditors, lawsuits, disputes or delays.
In cases involving blended families or ageing parents, a Trust becomes even more powerful. It can ensure that children from a previous marriage are not left out, while still providing for the current spouse.
Wills and Trusts are not only for the wealthy. For most Malaysian families, a Will covers their basics but a Trust ensures lifelong financial security and protection against future uncertainties.
A simple Trust can act as a “paymaster”—safeguarding funds for minor children, ensuring inheritance is spent responsibly. A Trust is a tool that allows assets to bypass the probate process. This means that the appointed Trustee can manage the inheritance immediately upon death, while the estate according to the Settlor’s wishes stated in the Trust deed, providing immediate support.
Unlike a Will, Trusts remain confidential. Trusts are particularly powerful for those who want to keep their distribution plan private and avoid conflict within the family.
For blended families, a parent wants to ensure the children receive their inheritance only after turning 21 or upon completing education. A Trust can spell out that exact timeline for the Trustee to ensure the distribution according to their wishes, regardless of delays in probate.
A Trust also helps to prevent the mismanagement of funds, as it is monitored by a Trustee—ensuring that the money is used only for the beneficiaries’ welfare.
Many people avoid setting up a Trust because they believe it’s only for the wealthy. But that isn’t true. A Will provides clarity, but a Trust provides control and protection.
For families with young children, ageing parents, or anyone with a home loan and dependants, setting up a Trust is one of the most responsible decisions for the family’s benefit.
The cost of establishing a Trust is generally modest compared to future legal fees and the stress associated with a lengthy probate process. As more Malaysian families face rising retirement and economic pressures, Trusts are becoming essential tools in modern estate planning.
In Lily’s case, a simple Trust alongside her father’s Will would have ensured all funds were preserved, family harmony maintained, and her father’s legacy was managed according to his intentions.
The lesson is clear: understanding the differences between a Will and a Trust is not just legal literacy; it is personal responsibility. It means leaving peace of mind, protecting loved ones, and passing on more than just money. It is about passing on your values, your voice, and your vision for the future.
Rockwills International Group, now in its 30th year, pioneered professional Will-writing in 1995 and has since continued to set the leading estate planning standard in Malaysia. With a dedicated professional team specialising in the areas of Wills, succession, management, trusts, and wealth distribution, Rockwills has served over 300,000 clients and more than 20,000 Executorial and Trustee Appointments and now holds more than RM25 billion in assets under trust.