Beneficiaries
Gifts to an attesting witness or the wife or husband of an attesting witness is void see Wills Act 1959 (Malaysia) s 9.
Marriage revokes a will except in certain cases Wills Act 1959 (Malaysia) s 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.
Probate - Step by Step Guide & Precedents
by By Lawyers For Lawyers author - C M Teng
Overview
This publication gives practical guidance through the law governing the process of obtaining letters of administration in Western Malaysia.
The commentary and precedents provides systematic instruction through all issues likely to arise in general practice including;
- Grant of Probate
- Estate Taxes
- Reseal of Probate
- Application for Executor and Administrator Commission
This guide will ensure compliance with the Probate and Administration Act 1959 and the extensive procedural law as set out in the Rules of the High Court 1980. The precedents in this work are for use in the states of West Malaysia.