Family law deals with matters relating to the family. Yek & Co. assists on issues such as divorce, judicial separation, child custody, and adoption. We also help individuals with matters regarding customs and immigration.
Having a will provides clear instructions on the distribution as well as the ease of administration of your estate when you pass on. Yek & Co. can assist you in creating a will which will simplify and expedite the process of extracting the grant of probate when compared to a deceased person without a will.
Disputes Resolution/Civil Litigation
Yek & Co. can assist in Disputes Resolution, which is the process of resolving a conflict, dispute, and claim. We also provide legal services for Civil Litigation — when there are two or more parties embroiled in a non-criminal legal dispute, in which the presence of a judge is required to make a decision on the case.
Will or No Will
You may have pondered this question before: is it necessary to have a will?
Before providing an absolute yes or no answer, a determining factor to the question is to understand the difference between having a will and not having one.
What is a Will and the Governing Law?
A will is a legal document of the last testament of the person writing it, expressing his/her wishes and intentions in regards to his/her properties and other desires to be executed and carried out after his/her death. This is defined in the Wills Act 1959.
In order to produce a valid will, the following criterion have to be satisfied:
Be at least 18 years old;
Be of sound mind;
Have your will in writing;
Have signed your will in the presence of at least 2 witnesses and them signing in your presence.
In Malaysia, the inheritance of a deceased individual’s estate is governed by two laws. Inheritance under Shariah law follows the Islamic faraid principles which governs those practising the Muslim faith. For non-Muslim, inheritance is governed under the Civil Law, namely: Wills Acts 1959, Inheritance (Family Provision) Act 1971 and Distribution Act 1958.
Table 1: Will vs No Will
Table 2: Distribution of deceased person’s estate under s.6 of the Distribution Act 1958
Having a basic idea on the difference of having a will and not having one helps in deciding how to pre-manage your estate when you pass on. Furthermore, having a will gives you and your family a peace of mind and clear instructions for those who survive you on handling and distributing your estate according to your wishes.
REQUEST A FREE CONSULTATION
Fill out the form below to receive a free and confidential initial consultation.