Do You Need a New Will After Getting a Divorce in Malaysia
Do You Need a New Will After Getting a Divorce in Malaysia
During the course of your marriage, you’ve written a Will. You’ve named your husband or wife as the beneficiary of your assets under your Will. All is well back then. Years later, out of your expectation and control, your marriage is not going well. Both of you agree to get a divorce. Do you need a new will after getting a divorce in Malaysia?
To answer this question whether if you need to write a new Will or not after the divorce, it is important to understand that a Will is an important legal document to specify who shall inherit your assets after your demise. In the absence of a Will, your assets will be distributed in accordance to the law specifically under the Malaysian Distribution Act 1958 which may be against your intention.
So, is your Will still legally valid after the divorce?
Generally, a Will shall be revoked automatically under the law in Malaysia, if:
- You enter into a new marriage
- You have a new Will
- You have converted to Muslim
Therefore, it is clear that even if you are legally divorced under the law in Malaysia, your existing Will written during the course of your marriage is still legally valid and will not be revoked automatically.
In short, your ex-husband or wife may inherit your assets if they’re named as the beneficiary in the Will if you do not have a new Will later on after the divorce.
That is why it is highly advisable to write a new Will to reflect your current intention after the divorce or write a Will if you don’t have one prior to this to ensure that your hard-earned assets fall to the right and intended person.
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