In our last week’s article, we explored the case study of Mr. Lim and Mrs. Lim, highlighting how a testamentary trust can minimize family disputes over inheritance and ensure a smooth transfer of assets in accordance with Malaysian law. So this week, we want to discuss another scenario involving Mr. Soh and Mrs. Soh....
In estate planning, ensuring the financial security of minor children is paramount. For many parents, this raises the question: ‘Should they rely on a simple will or set up a testamentary trust?’. Let’s delve into this question through the case study of Mr. Lim and Mrs. Lim and examine how Malaysian law supports the use...
As legacy advisors in Malaysia, we are also facing some questions which related to testamentary trust. A common question we encounter is from individuals like Mr. Lee, who asked, “Should I choose Trustee Company like Amanah Raya or an individual trustee for my trust?”. Trustee Company such as Amanah Raya, which is the only...
Under Section 4(2) of the Probate Administration Act 1959, [(2) If any beneficiary is an infant, or if a life interest arises under the will or intestacy, administration shall be granted either to a trust corporation (with or without an individual) or to not less than two individuals: Provided that— (a) the Court may in...
Mr. Alan and Ms. Betty are going to get married. Ms. Betty has two children with her ex-husband, and she is currently taking care of them. Mr. Alan has come to us and ask whether these two children are entitled to inherit his estate according to Distribution Act 1958, as he currently does not intent...
Mr. Lim came to us with a question: “I’m a Malaysian citizen married to a foreign woman, and we have a son who isn’t a Malaysian citizen. I own few properties in Malaysia. Can I appoint my foreign son as my executor and include both my son and wife as beneficiaries in my will?”. ...
Creating a Will is an essential step in securing the future of your loved ones and ensuring that your assets are distributed according to your wishes. However, some people may wonder if they can include their future children (i.e. those yet-to-be-born) in their Will. The role of Testamentary Trust Before we delve into whether...
The Employee’s Provident Fund (EPF) is a compulsory savings scheme for Malaysian workers, designed to ensure financial security in retirement. When an EPF member passes away, the funds are distributed to the nominees listed by the member. However, complications can arise if one of the beneficiaries predeceased the EPF member. Question 1: Can the...
Have you ever wondered what happens to your assets and property after you pass away especially when it is intestate? In this article, we will delve into the complexities of joint bank accounts, explore recent cases, and discuss the importance of estate planning in ensuring your assets are distributed according to your wishes. Case...
In the realm of estate planning, testamentary trusts serve as powerful tools to ensure the smooth transfer of assets to minor beneficiaries according to the wishes and arrangement of the settlor. In Malaysia, testamentary trusts provide individuals with the flexibility and control they desire over the distribution of their assets. To ensure a testamentary trust...
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