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• Islamic and Customary Laws
• Estate Legalese (Terms)
• Probate

WHO SHOULD BE THE GUARDIAN OF A MINOR CHILDREN ?

Under Section 5 and 6 of the Guardianship of Infants Act 1961, the father of a minor child shall be the guardian of the child's person and property. Where the minor child has no surviving father, the mother shall be the guardian of the child's person and property.

However, in situation, where both parents died :

• if the last surviving parent has appointed guardian under the will, the testamentary guardian shall be the guardian of the minor child under Section 7 of the Guardianship of Infants Act 1961.
• if no testamentary guardian is appointed, the court will appoint a guardian of the minor child's person and property or either of them under Section 8 of the Guardianship of Infants Act 1961.

SHOULD I INCLUDE MY FOREIGN ASSETS IN MY WILL ?

Your foreign assets are classified into two categories - movables and immovables property.

If your foreign assets are of movables properties, the law of your domicile applies.

However, if your foreign assets are of immovables properties, the lex situs will applies. You should make a local will or a will applicable to the country for immovables properties.

It is advisable to draw up a separate will only for the immovables foreign assets. The administration of the estate will be more efficient as your executor does not have to apply for the Grant of Probate from the Malaysian Court and reseal it in the court of the country where the testator owns the property.

Thus with a will solely for that purpose, the will can be admitted for Probate in the foreign country without the need to extract the Grant of Probate from Malaysian Court.