The creation of a Will is a crucial element of estate planning, allowing individuals to specify how their assets should be distributed after their passing. However, the legal validity of a Will can be subject to scrutiny and challenge under specific circumstances. Understanding the grounds on which a Will can be contested is essential for...
In Malaysia, the rules of intestacy (when someone dies without a will) generally do not consider a spouse’s fidelity or personal behavior as a factor in determining their right to inherit. Instead, inheritance laws often focus on factors like marital status, kinship, or the presence of a valid Will. It’s important to emphasize that this...
A guardian is an individual who assumes legal and personal responsibilities for another person, often a minor (someone below the legal age), someone with disabilities, or an elderly individual who cannot make decisions independently. Guardianship is especially common for minors, where a guardian is appointed to ensure their well-being and welfare. Under Section 3 of...
In the realm of estate planning, ensuring the well-being and financial security of your loved ones is paramount. For parents with minor children, this responsibility becomes even more crucial. One effective tool in safeguarding the future of your children is the establishment of a testamentary trust. This legal arrangement offers numerous benefits that can help...
Not everyone experiences just one marriage in their lifetime; some may enter into multiple marriages for various reason like divorce, the passing of a spouse, or personal choices. Incorporating your new spouse into your estate-planning can be a complex matter, especially when children from previous marriages are in the equation. Understanding the significant consideration surrounding...
It is customary for many elderly individuals to avoid creating a Will due to considering it a taboo. Nevertheless, opting not to draft a Will could potentially create more difficulties for your family members rather than being of assistance to them. Let’s have a general run through on how Wills work. When your parents pass...
There are a few things to look out for when preparing your own Will. These are the few main common mistakes that people make when writing a Will. 1. The Distribution Method Naturally, if you do not write a Will, the Malaysian government will distribute your assets according to the Distribution Act 1958 which are...
What is a friendly loan agreement and is it legal? A friendly loan agreement consists of the lending of money between two or more parties based on mutual trust. Friendly Loan Agreements are legally valid in Malaysia. Parties are allowed to provide loans and even charge interest on them, as long as the lender is...
These days, with the ever growing market and career opportunities, it is especially common for Malaysian citizens to pass away with assets in both Malaysia and Singapore, and possibly in other countries as well. Typically, the personal representatives of the deceased Malaysian citizen consult a Malaysian lawyer to obtain the Grant of Probate or the...
When a parent undergoes a religious conversion, it can have significant legal and cultural implications for the entire family. In Malaysia, the conversion of a father from non-Muslim to Muslim can have implications for the child’s inheritance rights. This article explores the effects of a father’s conversion to Islam on a child’s inheritance in Malaysia,...
