Trustees play a pivotal role in the administration of trusts, holding a fiduciary duty to act in the best interests of the beneficiaries. However, there are circumstances in which a trustee may be held liable to the beneficiaries. The Trustee Act of 1949 delineates the powers, duties, and responsibilities of trustees, providing the foundation upon...
The probate or administration process in Malaysia is the legal avenue through which the estates of deceased individuals are distributed according to their wishes or in accordance with the law. If a deceased person has not provided instructions for some of their assets and properties, the distribution of such assets or properties will follow the...
In the realm of estate planning, the drafting and safekeeping of a Will are critical aspects that demand careful consideration. A Will serves as a legal document that outlines a testator’s wishes regarding the distribution of their assets after their demise. One often-overlooked aspect of this process is the custody of the Will, which carries...
Who Can Nominate? According to Section 54(1A) of the Employees Provident Fund Act 1991, any member of the Fund may make nomination for the purpose of payment of credit after the death of the member. The nomination can be made by members by completing the EPF Form 4 and submitting it at any EPF branches nationwide,...
The role of an executor is of paramount importance in ensuring the smooth administration and distribution of a testator individual’s estate. In Malaysia, the role of an executor is crucial in ensuring the smooth transition of assets according to the wishes of the testator. Therefore, the primary responsibility of an executor is to guarantee the...
Mr Tan: “I have an outstanding mortgage loan of RM500k. I’m married with 2 children age 3 & 6 this year and my wife is not working. We don’t have any other loan. The assets that I currently own are bank accounts, shares investment, a joint-name property with my wife. Each of us have EPF...
Why do you need a Will? How do you want your assets to be distributed when you are no longer around? Estate planning is, in fact, a critical financial and legal process that many individuals and families often overlook or delay. Many of us do not realize that under Malaysian law, when a person passes...
What is a Will and why is it important? A will is a legal document that outlines how a person’s assets and estate should be distributed after their death. It’s crucial to ensure your assets are distributed as per your wishes. p/s There is no centralized system in Malaysia for your beneficiaries to check the...
Guardianship is a legal concept that plays a vital role in ensuring the welfare and protection of minor and individual who are unable to manage their own affairs in Malaysia. Guardianship is governed under Guardianship of Infants Act 1961 which highlights the rights and responsibilities of guardians in Malaysia. In this article, we will delve...
Estate planning involves making decisions about how your assets will be distributed after your passing. Ensuring that your loved ones, including children, are taken care of is a primary concern. However, when complexities arise due to unconventional family situations, such as having an illegitimate child while in a committed relationship, navigating the legal and ethical...
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