Beneficiaries
Gifts to an attesting witness or the wife or husband of an attesting witness is void see Wills Act 1959 – Sect 9.
Marriage revokes a will except in certain cases Wills Act 1959 – Sect 12.
In the event of a divorce, a person remains married until the time of “decree absolute”. Divorce does not invalidate a gift if it is for a husband or wife who is named in the will. However, if the gift is made to “my husband” or to “my wife” and there is a decree absolute, the gift is invalidated because after the divorce there will be no “husband” or “wife”. A gift by will lapses as a consequence of annulment of marriage unless a contrary intention is shown.
This preview is an excerpt from the following publication. this publication for access to all the commentary and precedents.
Letters of Administration - Step by Step Guide & Precedents
by By Lawyers For Lawyers author - C M Teng
Overview
This step by step guide navigates through the substantive law governing the process of obtaining letters of administration in Western Malaysia.
The guide will ensure compliance with the Probate and Administration Act 1959 as well as the procedural law as set out in the Rules of the High Court 1980.
The guide includes sections to help with;
- Getting the matter underway: Including sections on executors, beneficiaries, estate taxes, missing will and certificate precedents as well as guidance on whether a Grant of Probate is needed or Letters of Administration?
- Special grants in limited situations
- Initial letters to asset holders requesting information
- Administration on intestacy
- Letters of administration
- Reseal of letters of administration
- Applications for Executor and Administrator Commission
- Finalising the matter: Including appointment of solicitors, transfer and sale of immovable properties.
This publication will benefit both experienced practitioners and junior lawyers as it is conclusive, practical and easy to use.