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Inheritance law in Malaysia

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asked on Dec 31, 2016 at 03:26
by   zadude
Hello:

I have a good Malaysian friend (non-muslim) living in Malaysia.  Her non-muslim husband has written a will and has not included her (his legal spouse) in his will. He has willed his estate to both of his sons but not her.  My question to you, is this legal?  Can she contest this will?  

In my research I know that if her husband had died intestate, 1/3 of the inheritance would go to her automatically.  Unfortunately I cannot find any other information about if you are legally allowed to write out a living spouse from a will.

I would very much appreciate an answer to this as I would like to advise her on her rights and to seek out legal council to make sure she is aware of her rights.  I know that this would not be legal in Western law but I am not sure this is legal in Malaysian law.

I truly thank you for taking the time for reading this message.

Sincerely,

Rick
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5 Answers

answered on Dec 31, 2016 at 04:15
by   vkpc
He has willed his estate to both of his sons but not her.  My question to you, is this legal?
Of course it is legal as the estate belongs to him.
He can even give away all his assets to a stranger.

Can she contest this will?
Currently she has no grounds ( good reasons ) to contest, so if contest will surely lose.
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answered on Dec 31, 2016 at 05:15
by   MyDude
What is the issue here?

The mother would still have to WILL it out to her two sons.. unless...???
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answered on Dec 31, 2016 at 12:58
by   zadude
edited Dec 31, 2016 at 15:35
by   zadude
If you are legally married - doesn't the estate belongs to both spouses? 

Power of court to order payment out of net estate
3. (1) Where, after the commencement of this Act, a person

dies domiciled in Malaysia leaving—
(a)  a wife or husband;
(b)  a daughter who has not been married, or who is, by reason of some mental or physical disability, incapable of maintaining herself;
(c)  an infant son; or
(d)  a son who is, by reason of some mental or physical
disability, incapable of maintaining himself,

then, if the court on application by or on behalf of any such wife, husband, daughter or son as aforesaid (in this Act referred to as a “dependant” of the deceased) is of the opinion that the disposition of the deceased’s estate effected by his will, or the law relating to intestacy, or the combination of his will and that law, is not such as to make reasonable provision for the maintenance of that dependant, the court may order that such reasonable provision as the court thinks fit shall, subject to such conditions or restrictions, if any, as the court may impose, be made out of the deceased’s net estate for the maintenance of that dependant:
Provided that no application shall be made to the court by or on behalf of any person in any case where the disposition of the deceased’s estate as aforesaid is such that the surviving spouse is entitled to not less than two-thirds of the income of the net estate and where the only other dependant, if any, is or are a child or children of the surviving spouse. 

The last clause states she is entitled to not less than two-thirds of the income of the net estate and where the only other dependant, if any, is or are a child or children of the surviving spouse. 

The difference between it going to the sons first is that she would have no income to survive on her own and the family estate is to anything that was inherited but it is the culmination of their life together.  (The inheritance would NOT include any money or property that he inherited from other family members).
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answered on Dec 31, 2016 at 16:44
by   zadude
Sorry - I forgot to mention the quote was from the inheritance act of Malaysia - I found the document online.
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answered on Dec 31, 2016 at 17:02
by   IgnoreMe
All these bore down to breakdown of husband and wife relationship.

Outsiders will not and cannot fathom the emotional damage within.

culmination of their life together.
Addition..
Not only wealth
Hatred also
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