Beneficiary of life policy Q: I have bought a life insurance policy and nominated my husband as beneficiary. Do I still need to mention it in my will? A: There is no need to mention it in your Will. By virtue of Section 23 of the Civil Law Act 1956 or Section 166 of the Insurance Act…
Author: Sheena Wong
Trust Issues in Probate Law: Living Trusts, Charitable Trusts, & Testamentary Trusts
A trust is a fiduciary relationship in which one party, known as a trustor, gives another party, the trustee, the right to hold title to property or assets for the benefit of a third party, the beneficiary.
Moving Forward in Probate: Next Step after Extraction of Grant of Probate or Letter of Administration?
We have previously explored the topics on grant of probate and letter of administration, but what happens after the extraction of these documents?
Basic Rights of Employees in Malaysia
Employees whose monthly salary does NOT exceed RM2,000 is protected under the Employment Act whereas others are considered as the “Non-EA Employees” which will usually be governed by the terms of their contract of employment. However, most employers still use the Employment Act benefits as a guideline or “bare minimum”, even for the Non-EA Employees.
Charged under Section 324 of the Penal Code: How Now?
Once upon a time, there was an Ahlong named Ah Ben. A factory worker, Ah Kao was in dire need of cash, and decided to take a loan from Ah Ben. Ah Kao didn’t repay the money when it was due, so Ah Ben showed up at his door and beat Ah Kao up badly with a metal rod.
The Law on Fixed Term Contracts in Malaysia
An employer’s primary intention in offering a fixed term employment contract is because the employer does not have to commit to the permanent employment of the incoming employee. This note examines the factors Court take into account in determining if the contract of employment was one of a fixed term nature.
Why You Should Start Planning Your Will Today (Part 2)
It is sometimes inevitable… Passing on without a Will. When one passes away without a will, the person would be deemed to have passed away “intestate”. In cases of intestacy, or when there is no proving executor, an application for letters of administration must be made before the estate can be dealt with.
Why You Should Start Planning Your Will Today (Part 1)
If one pass away without a Will, all of the assets will be distributed according to the Distribution Act 1958. Trust me, most people will not want to die intestate (without a Will).
Q&A: Employment Issues in light of the COVID-19 situation in Malaysia
In Malaysia, employers have a legal obligation to provide a safe and healthy workplace as prescribed by Section 15 of the Occupational Safety and Health Act 1994 (‘OSHA’). This obligation is entrenched in common law as an implied term in employment contracts. Failure of employers to comply with Section 15 of OSHA will constitute an offence punishable with a fine not exceeding RM50,000 or imprisonment up to 2 years or both, whilst also being susceptible to a civil suit for damages whereby an employee could cite breach of an implied term as the basis for his claim.