Recently, I met a client in a very common yet delicate situation. He is married, has no children, and lives with his wife and his 65-year-old mother in a bungalow in Puchong. It’s a beautiful home — not just in structure, but in meaning.
The house originally belonged to his late father, who left it to him through a will. His father’s intention was clear: that he would continue living there and take care of his mother.
Today, the house is worth approximately RM2.8 million. It is fully paid for, with no encumbrances.
The question is: what happens to this house if he passes away?
He told me,
“I want to leave this house to my wife when I’m gone, but I also want to make sure my mother can continue living there for the rest of her life.”
On the surface, that sounds simple.
Legally, however, it isn’t.
What Could Go Wrong Without Proper Planning?
Let’s assume he writes a straightforward will leaving the house entirely to his wife.
After his passing:
- His wife becomes the legal owner of the property and has the right to ask his mother to move out.
- She can sell the house, receive the RM2.8 million proceeds, and is not legally required to give any portion to the mother.
- She may remarry, start a new life, or leave the house to someone else through her own will.
- Even if she has good intentions, differences in lifestyle, misunderstandings, or family tensions could still arise.
The result?
The house — which his father entrusted to him and which he sees as his mother’s lifelong home — could ultimately be taken away from her.
So What’s the Right Solution?
The appropriate solution is a testamentary trust — a trust created within a will that only takes effect upon death.
Here’s how it works in practice:
- He writes a will that includes a testamentary trust.
- He appoints a professional trustee company (instead of a family member) to act as trustee. This is important because professional trustees are regulated, neutral, and legally obligated to follow the trust terms.
- His mother is named as the life tenant, giving her the legal right to live in the property for the rest of her life. She cannot be evicted. The trustee is responsible for enforcing this right.
- His wife is named as the remainder beneficiary, meaning she will inherit the house only after the mother passes away.
What Does This Achieve?
This structure ensures that:
- His mother has lifelong shelter and dignity.
- His wife ultimately receives the property, exactly as he intended.
- There are no grey areas, no family disputes, and no risk of eviction.
What If His Wife Passes Away Before Husband?
This scenario can also be addressed clearly in the will.
For example:
- The property can be left to another trusted relative; or
- The trustee can be instructed to sell the house and donate the proceeds to a charity he cares about.
The key point is this:
with a properly drafted will and testamentary trust, his values and intentions can be carried out precisely.
Final Thoughts
Many people assume love and verbal assurances are enough —
“My wife will surely take care of my mother,” or “They’ll work it out among themselves.”
But without clear legal instructions, reality can become complicated. New relationships, financial pressures, and misunderstandings can all lead to outcomes you never intended.
If you truly care about both your spouse and your parent, the most responsible and loving thing you can do is to plan ahead — clearly, legally, and with professionals who can ensure your wishes are carried out without drama or doubt.
For further details, you may make an appointment with our legal advisor here:
https://calendly.com/finex-and-co-legacy-advisory/tea-talk-with-legal-expert
