“My father passed away, and I’ve been appointed as the executor of his Will. However, I cannot locate the witnesses who signed the Will. Does this mean the Will is invalid? Can I still apply for a grant of probate?” This is a common dilemma faced by many, and it brings up important questions about...
Appointing a guardian in your will is essential, but have you thought about how they’ll manage the costs of raising your child? While many people are willing to step in as guardians, raising children is expensive, and without proper financial support, even the most capable guardian might struggle. So, how can you ensure your chosen...
“My child is under 18 years old and is the nominee for my EPF and insurance, and I appoint my sister as the executor of my Will, will the savings from my EPF and insurance payout go to my sister?” This is a common concern for parents planning their estate. Let’s clarify the roles involved...
Recently, a client approached us with an intriguing question: “Can my Will be written in Mandarin?” She mentioned that a friend had drafted her Will in Mandarin and was curious if this was legally valid in Malaysia. Inspired by her friend’s experience, she was considering doing the same but wanted to ensure it wouldn’t cause...
Mr. Tan came to us with a question, “Can me and my wife just write one Will for both of us?”. He had heard that couples could share one will, known as mutual will, which might seem convenient. He brings this question to us seeking clarification. What is ‘Mutual Will’? A mutual will is...
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...
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