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What is a Will?
Wills Executed abroad is Valid in Malaysia? PDF Print E-mail

Wills made outside Malaysia shall deemed valid provided that Will is done in the manner required at least following one of the bellow requirements:

  • Wills Act 1959

  • Laws following Testator’s domicile during Will execution

  • Law following Testator’s domicile at death

  • Law following the place where the Will being executed

Who can Vary Your Will? PDF Print E-mail

Under the Inheritance (Family Provision) Act 1971, reasonable provision is to be made for the maintenance if they inherit nothing under the Will.

These persons include:

  • Spouse

  • Unmarried daughter

  • Son who is incapable of maintaining himself (e.g. physical or mental disable)

  • Infant son below the age of 21.

  • Legally adopted child under the Inheritance (Family Provision) Act 1971.

Who Should be Your Children’s Guardian? PDF Print E-mail

Any person is an infant before he reaches the age of 21 year’s old for non-Muslim and 18 years old for Muslim. There are 3 categories for guardian:

  • Parents (Section 6, Guardianship Infants Act 1971 stated, surviving parent is the legal guardian of minor if one parent passes away)

  • Guardian appointed in a Will

  • Guardian appointed by Court

The Guardian shall take care and responsible for the infant:

  • Life maintenance

  • Health

  • Education.

Who Should be Your Children’s Guardian for their Properties? PDF Print E-mail

The guardian of your children’s property may be a different compare with the guardian of your children.

Guardian of your children’s property has the right to manage the property but subject to limitations by Trustee vested in the Will.

Any disposal of infant’s property without Court’s permission may be deeming as void by Court and the guardian must restore the property.

The guardian in his discretion can make arrangement for the living maintenance, health and education for the infant. If the income received is insufficient, he may apply at Court for higher sum or authorize of liquidating the properties.

As a testator, you should appoint a guardian who is:

  • Willing and capable to take care of your children with no condition

  • Able to get along with your children

  • Trustworthy as he is taking care of your children

  • Has time and love for your children

  • Financially stable

  • Ability to take care your children up to they attains the age of 21 years old. There is always a possibility the guardian himself pass away before the guardian job is done. (e.g. nominating your parents to be your children’s guardian, they maybe too old or unfit for the task).

What About My Foreign Assets? PDF Print E-mail

Foreign Assets for movables properties according to law of domicile. (Permanently resident)

Foreign Assets for immovables properties according to lex situs. (Property situated)

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