Republished with permission from Stephanne Foong, Founder of Your Will Be Done, WASIATku and Celebrity’s Will & co-Founder of Business Succession Planning
For Illustration Purpose only
A testator has absolute testamentary freedom to leave his property to anybody he chooses, the only exception being Section 3(1) of this Act provides that a category of persons who have been dependent on the testator and who have been left out of his will to apply for reasonable maintenance.
Thus a testator must make “reasonable provision” for the maintenance of a dependant fall under the following category:
- Spouse
- Infant Sons (below age 21)
- Unmarried daughters
- Children with special needs (by reason of some mental or physical disability, incapable of maintaining him/herself)
If a testator who chooses not to provide for this category of people, he has to attempt to state a “valid” reason, and as to what suffice as “reasonable” or rather “unreasonable” will be the basis of claims of the dependent.
Section 3 of the Inheritance (Family Provision) Act 1971 confers a statutory right on a surviving spouse and infant children or dependants incapable of maintaining themselves to apply to court to order a payment out of the net estate of the deceased for their maintenance, unless the surviving spouse and children are already entitled to more than 2/3 of the deceased’s estate.
The testator needs to take note that he cannot dispose of more than 1/3, if the remaining is not enough to maintain the surviving spouse and/or children.
This Act applies to non-Muslims only, domicile in Malaysia.
Do you understand what’s written above? If not, it’s perfectly ok. Just contact us for clarification.
For more information, please contact Stephanne Foong at stephanne_foong@yahoo.com. She is the Founder of the highly successful and highly specialized Your Will Be Done and WASIATku and Co-Founder of Business Succession Planning