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The Intestate Succession Ordinance 1960 governs the division of assets in Sabah in the event that a person passes away without leaving a will (Sabah No 1 of 1960). However, this Ordinance does not apply to the estates of Native or Muslims, and nothing in the Ordinance affects the division of an individual's estate under Native law and custom or Islam law. The guidelines for how the intestate estate should be distributed are outlined in Section 7 of the Intestate Succession Law of 1960. "RULE (1) If an intestate dies leaving a surviving spouse, no issue and no parent the spouse shall be entitled to the whole of the estate. RULE (2) If an intestate dies leaving a surviving spouse and issue the spouse shall be entitled to one-third of the estate.” and so forth.   For eg.   If a husband dies without leaving a Will, his estate including immovable assets and movable assets will be distributed between the surviving spouse (1/3), and (2/3) to be distributed among the children (See: “C...

  Can an illegitimate child inherit his father’s estate? The answer to the above question is in the affirmative. The Malaysian Federal Court recently ruled that "the right to inherit lasted so long as there was established some genetic or blood lineage connection between the person claiming succession and the deceased." (Tan Kah Fatt & Anor v. Tan Ying [2023] (2 MLRA 525). The Federal Court arrived at its decision after having interpreted Section 3 of the Distribution Act 1958 (which is only applicable in West Malaysia and in the State of Sarawak pursuant to Modification of Laws (Distribution Act 1958) with effect from February 28, 1986) in that "the definition of "issue" in s 3 sought to statutorily extend the generational lineage beyond the immediate persons who might properly be counted as issue, to the offspring or grandchildren, even if the immediate parents of such grandchildren were themselves deceased." Legitimacy of a child born out of a ...

Tips for effective way of recovering your debts/outstanding money due and owing to you:- 1.  Proper documentation Please ensure that any business dealing or arrangement with your customers or tenants, it is prudent to have a proper agreement or contract in writing.  For the case between a landlord and tenant, a proper documentation to be signed is a tenancy agreement.  In order to prove for any business deals and/or transactions, for any form of services rendered and goods sold and delivered , the documentation to be prepared are:  a. Quotation;  b. confirmation of the quotation and terms and conditions for the manner of payment, mode of services to be rendered and/or goods to be delivered agreed and signed by both parties;   c.  Sales Order or invoice; d. proof of payment of deposit by issuing an official receipt;   e.  statement of account duly signed and accepted by the customers with their company's seal or stamp, company's deta...

 This is a real life story.   My friend looked disturbed as she has found out that there is gross stain on the mattress in her newly rented apartment.  The problem is, she has paid for the deposit and the keys have been handed over to her.  She has started to pay for the rental. My friend did the right thing, which I do think that she is smart.  Firstly, she remains calm and communicated with the landlord about her concern, i.e. she could not sleep on the dirty mattress and she has requested the landlord to replace a new mattress for her.  And this task has been passed to the property agent who has collected their agent for the said deal. After all, it is only the beginning of the contractual relationship as a landlord and tenant.  I would say try your best to communicate your request before you move into or take possession of the rented property through the real estate agent.  Get ready a check list (request a check list from the real estate...

     Throughout the years of my legal practice, I have encountered numerous occasions where walk-in clients came for legal advice on their day to day problems.  Most often, I would say the day to day problems have something to do with their ability or responsibility to react or respond to a particular act which is against their will.  For instances, what should I do when my landlord does not replace a new mattress for me after I have paid for the deposits?  What can I do if my tenant has failed to pay for the rental?     By publishing this blog "LEGAL KNOWLEDGE AT YOUR FINGERTIPS", it is my desire that most of you could resolve any disputes concerning your daily job or life amicably.       I do sincerely hope that this blog may help to improve my communication skill each day.