If you’re a parent, it’s natural to want to leave your home to your children, even while they’re still young. But what happens if your children are under 18? Can they legally inherit your house? And what if they’re too young to manage such a valuable asset? Here’s what you need to know. Minor...
Can the Witnesses and Testator Sign the Will at Different Times? No, they can’t. According to Section 5 of the Wills Act 1959, everyone involved—the person making the will (the testator) and the witnesses—must sign at the same time. This ensures everything is done properly and legally. Can a Beneficiary or Their Spouse Be a Witness?...
Have you ever wondered what would happen if both you and your spouse passed away unexpectedly? Who would take care of your children? Would they be financially secure? In Malaysia, children under 18 cannot inherit money or property directly, which could create serious complications for their future if proper plans aren’t in place. Let’s have...
When Mr Tan passed away without a will, his estate was governed by the rules of the Distribution Act 1958. His eldest daughter, Mei Ling, was appointed as the administrator but things quickly turned sour when her siblings opposed her decision to sell their late father’s house in Petaling Jaya, citing emotional ties to the...
Employees Provident Fund (EPF) is one of Malaysia’s most vital retirement savings schemes. Most EPF members name a spouse, child, or parent as their nominee to receive these savings upon death. But what happens if that nominee dies before you and you forgot to update your nomination? This article explains the legal implications and the...
In estate planning, I often hear clients say: “Yes, I’ve written my Will — but I don’t want to tell my family yet. They’ll find it when the time comes.” While this concern is understandable — especially when people want to avoid premature discussions or potential family tension — from a professional standpoint, not communicating...
Being an executor is a big responsibility—it’s not an easy job. They have to gather assets, handle debts, and distribute the estate properly. Because it’s such a heavy task, many people may hesitate to take on the role, even if they’ve been named in the will. Ways to Motivate an Executor to Act Since...
In recent years, Malaysia has become an increasingly attractive destination for foreigners to live, work, retire, or invest. With government programmes such as Malaysia My Second Home (MM2H), more and more expatriates are choosing to make Malaysia their long-term home. As more foreigners settle down here, we’ve been getting a common estate planning question: “Can...
Many people assume that once a will is written and an executor is named, everything is settled. But what happens if the person you’ve entrusted to carry out your last wishes dies before even applying for probate? This isn’t just a legal formality, it could really delay the process and make things stressful for your...
Case study William, who is now 55 years old, wrote his will when he was just 28. Like most Malaysians, he wonders: “Why do I need to update my will? My old one should still work, right?” Most people believe that writing a will is a one-and-done situation – you write it, stash it away,...
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