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| NOTICE: Due to overwhelming response in posting questions and limited volunteer panel lawyers, we have to temporarily stop receiving questions. Please do not post any questions till further notice. |
| Note: Click the Question to read the Answer | | Area of Law: Will | | | A: | The distribution % under Distribution Act is as follow:
A stepmother - 25%
2 stepbrothers & 1 stepsister and you - 50% in equal shares a grandmother - 25%
Richard Seow
Advocate & Solicitor |
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| Note: Click the Question to read the Answer | | Area of Law: Will | | Q: | Angela Jessie from Selangor |
| | A: | You, your sister-in-laws and your children will be beneficiaries of the deceased brother-in-law's estate if the estate form part of your husband and your brother-in-laws' estates. I suggest you seek the advice and professional services of lawyers to administer the estate of the deceased.
Thank you.
Richard Seow
Advocate & Solicitor |
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| Note: Click the Question to read the Answer | | Area of Law: Will | | Q: | Angela Jessie from Selangor |
| | A: | Generally, the spouse of the deceased child will not be a beneficiary by virtue of the Wills Act 1959. However, if the child survived the parent(s), but died subsequently, then the spouse of the deceased child will be a beneficiary. If the child died before the parent(s), then the spouse of the deceased child will NOT be a beneficiary.
As for the children of the deceased child, they are beneficiaries irrespective of when the deceased child passed away.
I hope the above has answered your question. Moving forward, to avoid further division of the ownership of these properties, I would suggest that the spouse and the children (if above 18) of the deceased child to get their wills done in order not to further worsen the ownership issue.
If you need any assistance in preparing your will, kindly contact 03-7781 1993 or drop us an email at general@rockwills.com.
Richard Seow
Advocate & Solicitor |
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| Note: Click the Question to read the Answer | | Area of Law: Will | | | A: | Dear Ham,
We do not encourage you to give your joint ban account with your son to your daughter because of the following reasons:
1. If the bank has a survivorship clause which is effective, your son would be the rightful owner of all the moneys in the joint bank account.
2. By virtue of the survivorship clause and the bank own policy in releasing moneys belonging to a decease joint account holder, your son may have a chance to withdraw all the moneys in the joint bank account. If the court eventually rule that the survivorship clause has no legal effect and in your will, you named your daughter as the rightful beneficiary, then it may pose a great challenge to your daughter to get back her money in her brother’s hand.
If you need further clarification on this, please feel free to contact Rockwills at 03-7781 1993. We can arrange a meeting with our experienced and trained professional estate planner to further assist you.
Richard Seow
Advocate & Solicitor |
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