Husband died after long desertion by wife. Now wife is back to claim his estate. What redress family of deceased has?

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asked on Apr 18, 2004 at 05:49
edited on Jul 20, 2016 at 20:14
A friend of mine registered his marriage in Malaysia to a foreign woman. They got married after a few months culturally and religiously. They lived together for three months and then problems. Woman left and declared she was leaving in front of witness and signed accordingly and has no further claims. Even a police report was lodged that she left.

Friend dies intestate after six years and woman lodges claims. What redress has family of deceased?
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answered on Apr 27, 2004 at 15:07
All I can say is tough luck to your dead friend's family for the deceased's oversight in not ensuring that his marriage to this woman was legally ended.
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answered on May 1, 2004 at 15:30
edited Jul 20, 2016 at 20:46
Correct 'LoyarMiskin' and I apologise for that error. But this story is based on the assumption that there is no will. Therefore we also assume he has died intestate. Yes no letters of probate will be granted. The appropriate court may grant letters of administration where intestacy applies. Again here we assume he has made no will and no will is about to surface.

I know this sounds a tad conspiratorial. But if you ask around you find that if there is any occasion where the worst of humanity can surface, it is after the death of a 'Loved One'. Hence the old saying (with a twist of bitterness) "Where there is a Will, there are relatives!!!".

Your relative may have had debts which have to be settled first before any distribution of his assets. I do not claim to be a pundit of the Malaysian Family Law Act or the Laws of Evidence (which is derived from the English Laws of Evidence). These two areas may hold the key to determining a number of issues that will arise in the event it becomes more contentious than it already is proving to be.

Where is the woman from (which country)? are you certain she either did not remarry or enter into a de facto relationship (recognised in the other jurisdiction as the equivalent of a marriage) with someone else which could well have either had the effect of annulling her marriage to your relative or giving rise to other problems which may not only bar her entitlements in one jurisdiction whilst perhaps rendering her liable in breach of the criminal code of another. Worth pursuing.

Remember, "it ain't over till the fat lady sings"!
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answered on Jul 3, 2016 at 19:31
edited Jul 20, 2016 at 20:44
There's little you can do under this case. The wife is still legally registered and she has an auto entitlement under Distribution Act (without Will).
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