Having a will is an important step to ensure that your assets are divided according to your wishes after you pass away.
Without a will, the government will decide how your estate is divided through the Intestate Law.
This can lead to delays, disputes, and confusion, especially if your family members disagree on how your belongings should be distributed.
A will helps avoid such issues by clearly stating who gets what. It also makes the legal process smoother and quicker, so your family can focus on grieving instead of handling complicated legal matters.
When there is no will, the Intestate Law steps in and determines the distribution of assets, which may not always reflect your wishes.
For example, if you have a spouse and children, the law specifies what percentage of your estate each person will receive
. This can sometimes cause conflicts, particularly if family members have different ideas about what should be passed down.
Having a will ensures that your assets go exactly where you want them to, and it also speeds up the probate process, allowing your family to avoid lengthy court procedures.
Fair Division of Matrimonial Assets
In Malaysia, the Law Reform (Marriage and Divorce) Act 1976 governs the division of matrimonial assets during a divorce.
The law ensures a fair division by considering various factors such as the financial and non-financial contributions of both spouses.
Non-financial contributions, like raising children or managing the home, are valued equally as financial contributions.
The length of the marriage also plays a role in determining how assets are divided.
If the spouses cannot agree on how to divide their assets, the court will intervene. The judge will look at all the evidence and make a decision based on fairness.
The welfare of the children is always prioritized, and the court will ensure they are properly supported after the divorce.
This may mean one spouse will receive a larger share of the assets to care for the children. In cases where one spouse is financially dependent, the court may order maintenance payments.
The aim is to ensure that both parties are treated fairly and that the children are well taken care of.
Family Law for Muslims and Non-Muslims
Family law in Malaysia is different for Muslims and non-Muslims.
Non-Muslims are governed by civil law, while Muslims follow Syariah law.
This affects various issues like marriage, divorce, asset division, and child custody.
For non-Muslims, divorce is handled by the civil court, which considers both the contributions of each spouse and the welfare of the children when dividing assets.
If the spouses cannot agree, the court will make a decision based on fairness.
For Muslims, divorce is handled in the Syariah court, and the division of assets is guided by Syariah principles. In the case of children, Syariah law typically gives custody to the mother, but the father remains responsible for providing financial support.
Because the legal systems for Muslims and non-Muslims are different, it is important to seek legal advice that fits your specific situation.
Whether you are a Muslim or non-Muslim, understanding which legal framework applies to your case will help you protect your rights and navigate family law issues more effectively.
Seeking professional legal guidance ensures you make informed decisions, whether you are dealing with divorce, asset division, or child custody matters.
By Sze Xuen
