No residuary clause in the Will – what would happen to the estate?
No residuary clause in the Will – what would happen to the estate? It is common and necessary to have a residuary clause in a Will which [...]
Whether only brothers and sisters of the deceased living at the time of the deceased’s death are entitled to the deceased’s intestate estate? (How will an intestate’s estate be distributed?)
Whether only brothers and sisters of the deceased living at the time of the deceased's death are entitled to the deceased's intestate estate? (How will an intestate’s [...]
Is a will with secret trust valid in Malaysia
In general, the deceased would usually name the beneficiaries in the will to express their wishes to leave their estate behind for their benefits. And in most [...]
Question: What if I lost my Original Land Title?
This is a common question and a serious issue which must be solved. Without the Original Land Title, the owner of the land could not sell or [...]
Whether beneficiaries who had survived testator but subsequently died remained as beneficiaries?
In Tan Sri Dr M Mahadevan v Dr Jeyalakshmi Ratnavale & Ors [2017] 6 CLJ, the facts are as follows:- Ratnavale passed away on 9 April 1973 [...]
Why you should consider buying a residential property now? (Stamp Duty Exemption)
Why you should consider buying a residential property now? (Stamp Duty Exemption). Malaysia’s New Exemption on Stamp Duty Under P.U.(A) 53/2021 (“the Order”) which came to effect [...]
Simple Guide to Divorce by Joint Petition (Mutual Consent)
A Divorce is initiated by filing a Petition to Court. In reality, ending a marriage is often not a simple process and could be very complicated. As [...]
Whether beneficiaries of an estate may file to set aside transfer without obtaining letters of administration? [Does absence of letters of administration obstructs one’s right to take legal steps to protect subject land?]
The Court of Appeal in Lai Wooi Giap v. Rosli Zakaria & Anor [2020] 7 CLJ 477 decided that the respondents were entitled to an equity in the deceased’s [...]
Why you should consider selling your residential property now to enjoy tax exemption
Under the Real Property Gains Tax (Exemption) Order 2020 under P.U.(A) 218 of the Real Property Gains Tax Act 1976 dated 28th July 2020 (“the Order”), whereby [...]
Who can request for production of the last will and testament of the deceased
In the case of Lionel Lau Siang Kok v Datuk Seri Panglima Lau Cho Kun [2014] 10 CLJ, , the Plaintiff claims that he was a legitimate [...]
Payment for late delivery of houses must be calculated from date booking fee is paid
On 19.01.2021 the Federal Court decided in the case of PJD REGENCY SDN BHD v. TRIBUNAL TUNTUTAN PEMBELI RUMAH [2021] 2 CLJ 441 that the payment due [...]
What happens when parties in the marriage does not agree to the terms of the divorce? (What is a Contested Divorce/Single Divorce Petition?)
A single divorce petition is usually when an agreement cannot be mutually reached between the husband and wife. Either one of the parties disagrees to divorce or [...]
What happens when the Divorce Petition cannot be served to the Respondent/Husband who cannot be located or evading service?4
We recently had an enquiry whereby the Wife wants to start a Divorce Proceeding against her Husband. However, the Husband could not be located. A divorce starts [...]