It is not a common thing to include your mistress in your Will especially in Malaysia. However, it’s undeniable that some individuals engage in extramarital relationships.
It must be noted that in Malaysia, these third parties such as mistresses or concubines or sugar baby dont have legal rights to your assets. Those rights belongs to your immediate family such as your spouse, children and parents.
These are a few reasons why you should create a Will if you have a sugar baby or mistresses in your life.
1. Malaysia do not provide legal rights to your assets for people such as sugar baby or mistresses.
Naturally, if you die intestate your properties are distributed to your closest kin as stated in the Distribution Act such as spouse, kids or parents. It does not include your mistresses or sugar baby, thus all the more reason to write a Will so that you can give her your assets.
2. Including them in your Will.
Writing their names down in your Will and having witnesses sign the document solidify their position to receive the designated assets, but this does not mean your mistresses or sugar baby may 100% receive the assets. As the law protects the immediate family of the deceased, they may challenge the Will since they do not know who you are and may be furious with the action of the deceased. However, not writing your mistresses or sugar baby’s name down will 100% lead to giving them nothing.
3. Prevention Clause
To avoid potential disputes from your family regarding your will, it is possible to take steps. Your family members might suspect that your girlfriend or concubine had undue influence on your decision to include them, leading to a possible challenge to your will.
In order to address such concerns, you will need to provide evidence that there is no relationship between you and your mistresses. A relationship typically involves a mutually beneficial connection with another person. Or you may disguise the relationship as a friendly one or a business partner.
In summary, including your mistresses or sugar baby in your Will may not guarantee their rightful claim to the assets intended for them. Instead, alternative approaches could involve gifting assets to them while you’re alive or designating them as nominees in an insurance policy. Another more secure option would be to establish a family trust specifically for your mistress. With a trust, the existence of the assets remains confidential, unlike a Will, which becomes public knowledge within your family. If you require assistance in safeguarding the interests of your mistresses, don’t hesitate to discuss the creation of a will with us. We are eager to provide support and guidance in the preparation of your Will.
