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Inheritance
The Benefits of Writing a Will in Malaysia

The Benefits of Writing a Will in Malaysia

It is essential to write a will for so many reasons. Writing a will in Malaysia is governed by the Wills Act 1959. The act only applies to non-Muslims. For Muslims, they have the option to write a wasiat (bequests) and appoint a wasi (an executor) under Syariah law. Muslims are allowed to bequest a third of their wealth. The remaining two-thirds of their estate will be distributed to the...
Employment Law
Constructive Dismissal in Malaysia

Constructive Dismissal in Malaysia

The Industrial Relations Act 1967 (IRA), states that when an employee considers themselves dismissed without just cause or excuse by the employer, they may make representations to the Director-General to be reinstated. But what is the position if the employee is not dismissed, but finds themselves in a situation where they have no choice but to resign due to the conduct or decisions of the employer? The IRA does not...
Divorce
Are Prenuptial Agreements Enforceable in Malaysia?

Are Prenuptial Agreements Enforceable in Malaysia?

Law on marriage and divorce in Malaysia Prenups were not common in Malaysia. This is due to cultural and religious beliefs prioritising marriage’s sanctity. Prenups were viewed as a lack of trust or commitment, but things are changing. More and more Malaysian couples are considering prenuptial or premarital agreements before they tie the knot. In jurisdictions where prenuptial agreements are recognised, the wealthy traditionally use them to protect their assets...
Family Law
Guardianship in Malaysia

Guardianship in Malaysia

Guardianship in Malaysia is governed by the Guardianship of Infant Act 1961 (GIA). Under the GIA, “guardianship” means having custody of a child and being responsible for the child’s support, health, and education. The guardian also has control and management of the child’s property. In short, a guardian can be defined as a person with legal rights and responsibilities toward a child. A guardian’s duties A guardian has parental rights and duties...
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