Many people believe that as long as they leave some form of written instruction, their wishes will be respected. A short note. A message in a notebook. A verbal instruction to a child. Even placing valuables in a safety deposit box and handing over the key. These actions feel sufficient. However, when someone passes away,...

Many people believe that once they have signed a document and called it a “Will”, their estate will automatically be distributed according to that document. Some even think that once a Grant of Probate is issued, everything is final and cannot be challenged.   The High Court case of Low Tiong Saw V. Low Teong...

When a loved one passes away, family members often step in to “help” safeguard the house, hold on to important documents, or temporarily manage the money. These actions are usually done with good intentions. However, a recent decision of the High Court in Kuala Lumpur shows that when a person, without proper authority, assumes control...

Many married couples think writing a will is simple. “I leave everything to my spouse” seems clear enough. After all, the house, the savings, the investments – you built them together, so naturally it should all go to each other, right? But here’s the reality: life doesn’t always go according to plan. What happens if...

Many people believe that writing a Will is a simple process. For married couples, a common instruction is: “I give all my estate to my spouse.” At first glance, this appears clear and sufficient. However, a very important question is often overlooked: What happens if your spouse passes away before you?   Does the gift...

Divorce can take a long time, sometimes months and sometimes years. While the paperwork drags on, life doesn’t pause. Bills still need paying and your children still need support. In our previous article, “Can I Write My Will While My Divorce Is Still Ongoing?”, we explained that it is both legally allowed and advisable to...

Divorce proceedings in Malaysia can be lengthy, often taking several months or even years to conclude. During this period, many individuals become concerned about the management and distribution of their assets should an unexpected event occur before the divorce is finalised. A frequently asked question is: “Can I prepare a will while my divorce is...

In our previous article “What Really Happens to a Joint Account When One Holder Passes Away?” , we explained how banks in Malaysia handle joint accounts when one of the account holders dies. Most banks will release the remaining balance to the surviving joint holder, provided the survivor signs an indemnity form. Once payment is...

In Malaysia, joint bank accounts are very common. They are often opened by spouses, parents and children, or even friends. However, when one of the account holders passes away, many people are unsure what happens to the money inside the account. A common assumption is that the surviving joint holder automatically becomes the sole owner...

In Part 1 of this article, we explained the first five questions that foreigners often ask when making wills in Malaysia, covering issues such as eligibility, the need for a separate Malaysian will, dealing with overseas assets, inheritance by foreign family members, and whether beneficiaries must come to Malaysia. In this Part 2, we continue...