Law of Wills in Malaysia and Singapore

Description

I commend the author R.K.Nandy for this treatise on the law of wills. This compendium of the law will prove invaluable to the legal profession. The book also gives an insight into current areas of development of the law and notes with interest a reference to digital wills. I also commend the section of the book on Islamic Wills and Hibah. This now occupies an important part of the legal landscape on the law on Wills and this area covered by the book is timely.

From the Forward by ‘Datuk Dr.Prasad Sandhosam Abraham’

Description:

The author has also succinctly explained the area of trust law that is relevant to Wills.

He goes on to explain with lucidity and clarity, the other relevant areas to this body of law such as secret and half trusts, digital Wills and digital assets, the Islamic Wassiyah and Hibah, and much more in its current context.

PART ONE [1]
CONVENTIONAL WILLS

CHAPTER 1
THE HISTORICAL ORIGIN OF WILLS IN MALAYSIA & SINGAPORE
INTRODUCTION
1.1 The Colonisation Of “Malaya” By the British
1.2 “Adat” & Malay Customary Laws in “Malaya”
1.3 Chinese & Indian Customary Law in “Malaya”
1.4 The Doctrine of Reception & Transformation: Application of English Common Law in “Malaya”
1.5 Sources of Islamic-Syariah LawTHE HOLY QUR’AN
1.6 Syariah Law in Malaysia & Singapore
1.7 Independence & Reform
1.8 The Statutory Position in Malaysia & Singapore

CHAPTER 2
AN OVERVIEW OF WILLS & CODICILS IN MALAYSIA & SINGAPORE
INTRODUCTION
2.1 Legal Formalities in Will Making
2.2 General Rules of Will Drafting
2.3 Apportionments & Residuary Estate
2.4 Attestation & Testimonium Clause
2.5 Estate Duty
2.6 Interpretation & Construction of Wills
2.7 Codicils
2.8 Execution of Appointment by Will
2.9 Storing a Will
2.10 Extrinsic Documents

CHAPTER 3
DESCRIPTION OF WILLS & TESTAMENTARY DISPOSITIONS
INTRODUCTION
3.1 Mutual Wills
3.2 Joint Wills
3.3 Privileged Wills
3.4 Conditional Wills
3.5 Living Wills
3.6 Will Trust, Fully Secret Trust & Half Secret Trust
3.7 Digital Wills
3.8 Persons Qualified to Make Wills
3.9 Property Disposable by Will
3.10 Property Not Capable of Being Disposed by Will
3.11 Co-Proprietorship
3.12 Wills by Citizens
3.13 Wills by Foreigners
3.14 Resealing A Foreign Grant of Representation: “Memorandum of Resealing”
3.15 Wills by Prisoners 3.084
3.16 Wills by Soldiers, Airmen & Sailors
3.17 Nuncupative & Holographic Wills
3.18 Fraudulent Wills

CHAPTER 4
TRUSTS
INTRODUCTION
4.1 The Perfect Creation of a Trust
4.2 Reasons for Constituting a Trust
4.3 Common Forms of a Family Trust
4.4 Other Forms of Trust
4.5 Will Trust
4.6 The “Three Certainties Principle” in Trust Law
4.7 Incorporating A Trust in A Will & Administrative Provisions & Powers
4.8 Powers of Maintenance
4.9 Powers of Advancement
4.10 Powers of Investment
4.11 Employment of Agents and Delegatory Powers
4.12 Powers of Sale
4.13 Trusts Involving Land
4.14 Secret Trusts
4.15 Fully Secret Trusts
4.16 Half-Secret Trusts
4.17 Secret Trusts in Malaysia & Singapore

CHAPTER 5
TESTAMENTARY CAPACITY INTRODUCTION
5.1 Sound Disposing Mind
5.2 Testamentary Capacity & The Burden of Proof
5.3 Testamentary Capacity & Expert Medical Evidence
5.4 Testamentary Capacity & The Mental Capacity Act: Singapore

CHAPTER 6
GIFTS & DONEE
INTRODUCTION
6.1 Gifts Inter Vivos & Gifts By Will
6.2 Donee [Or Beneficiary] Taking Under a Will
6.3 Relevant Statutory Provisions & Legal Principles
6.4 Gifts to Attesting Witnesses
6.5 Lapse of Wills
6.6 Exceptions to the Lapse of Wills
6.7 The Rule Against Perpetuities
6.8 The Rule Against Inalienability
6.9 The Rule Against Public Policy
6.10 Specific Legacies
6.11 Specific Devices
6.12 General Devices
6.13 Legacies to Specific Persons
6.14 Gifts to Minors
6.15 Gifts to Non-Charitable Bodies
6.16 Gifts to Unincorporated Associations
6.17 Annuities
6.18 “Gift Over”
6.19 Conditional Gifts
6.20 Gifts in Contemplation of Marriage
6.21 Abatement
6.22 Ademption
6.23 Satisfaction
6.24 Failure of Gift
6.25 Inconsistent Clauses in A Will
6.26 Terms of Will Waived by Deed of Family Arrangement
6.27 Gift in Contemplation of Impending Death: “Donatio Mortis Causa”

CHAPTER 7
Cestui Que Trust
THE BENEFICIARY UNDER A TRUST
INTRODUCTION
7.1 Equitable Rights of Beneficiaries
7.2 Bona Fidei Purchaser for Value Without Notice
7.3 The “Beneficiary Principle”
7.4 Exceptions to the Beneficiary Principle
7.5 Personal Liability of Trustees to Beneficiaries
7.6 Beneficiaries Proprietary Rights 7.021 – 7.025

CHAPTER 8
DUTIES & RESPONSIBILITIES OF THE DRAFTSMAN
INTRODUCTION
8.1 Specific Duties
8.2 Specific Responsibilities

CHAPTER 9
BENEFITS OF HAVING A WILL & OTHER RIGHTS AND LIABILITIES
INTRODUCTION
9.1 Benefits of Testacy
9.2 Rights to Commence an Action
9.3 Liabilities from an Action

PART TWO [2]
ISLAMIC WILLS & HIBAH

CHAPTER 10
AL’WASSIYAH – THE MUSLIMS WILL
INTRODUCTION
10.1 Al-Wassiyah as Defined By The Four (4) Sunni Schools
10.2 The Four (4) Conditions of Al-Wassiyah
10.3 A Maximum Bequest Of 1/3 (One-Third)
10.4 The Executor
10.5 Al-Faraid in The Context Of Al-Wassiyah
10.6 Advantages of Al-Wassiyah
10.7 The Statutory Position of Al-Wassiyah in Malaysia
10.8 Al-Musi [The Testator]
10.9 Al-Musalahu [The Beneficiary]
10.10 Al-Musabihi [The Subject-Matter]
10.11 Sighah [Offer & Acceptance]
10.12 Wassiyah Wajibah [Obligatory Bequest]

Chapter 11
“AL-HIBAH”: THE ISLAMIC GIFT- Inter Vivos
INTRODUCTION
11.1 Conditions Precedent in Hibah
11.2 The Statutory Position of Hibah In Malaysia
11.3 Hibah viz-a-viz Section 26 of the Malaysian Contracts Act 1950
11.4 The Formalities of Hibah
11.5 Hibah & Trust: Hibah Amanah
11.6 Hibah Trust & The Conventional Living Trust

PART THREE [3]
(i) DEALING WITH CLIENTS
(ii) PRECEDENT CLAUSES

Chapter 12
DEALING WITH THE CLIENT
12.1 Taking Instructions & Aide Memoir
12.2 Confirmatory Letter to Client
12.3 Execution of the Will

Chapter 13
13.1 Precedent Clauses
13.2 Other Precedents & Clauses

PART FOUR [4]
LEGISLATION
Wills Act 1959 [Malaysia]
Wills Act 1838 [Singapore]
Muslim Wills (Selangor) Enactment 1999
Administration of Muslim Law Act 1966 [Singapore]

ABOUT THE AUTHOR: 

Dato’ R.K.Nandy is an Advocate and Solicitor of the High Court of Malaya (non-practicing). Having been in the housing development business for the past 9 years, he was in active legal practice for several years specializing in housing development law. Besides this book, the author’s other literary accomplishments and publications are as follows:

– Probate & Administration in Malaysia | Jan 2024
– Injunctions & Specific Performance in Malaysia | Nov 2023
– The Wealth Manager’s Guide to Islamic & Conventional (Wealth Management) | Oct 2023
– The Fundamentals of Islamic Wealth Management (Syariah & Legal Principles).
– The Islamic Worldview of Money, Social Finance, Wealth & Financial Wellbeing (Malaysia, Singapore & Brunei).
– The Student’s Guide to the Administration of Estates in Malaysia.
– Trustees Duties, Responsibilities & Liabilities in Malaysia.
– Islamic Estate Planning & Administration of Estates, Malaysia.
– Instruments of Dealings & Caveats in Malaysia.

Education:
– The author holds a Bachelor of Law degree from the University of Wales, United Kingdom, and was in active legal practice in Malaysia, before he ventured into the Property Development arena and the academia, over the past many years.

The author is also the course and content creator and the founder of the Professional Diploma Courses: 
– Professional Diploma in Trust Management (Islamic & Non-Islamic).
– Professional Diploma in Estate Planning & Trust Management (Islamic & Non-Islamic).
– Professional Diploma in Conveyancing in Malaysia.
which are awarded by the London Examination Board of the United Kingdom.