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Left Out from Will

If your spouse/parent die leaving a Will but had left you out, with no provision for you, or has not provided you with any reasonable provision, what you should do? The good news is there is recourse for the following:-

  • Wife/husband;

  • Daughter who has not been married, or who is mentally or physically disabled, or incapable of maintaining herself;

  • an infant son;

  • a son who is mentally or physically disabled or incapable of maintaining himself.

What recourse do you have?

You may apply to the court for an order of reasonable provision, made out of the deceased's net estate for the maintenance of the dependant provided that no application shall be made to the court by or on behalf of any person in any case where the disposition of the deceased's estate as aforesaid is such that the surviving spouse is entitled to not less than two-thirds of the income of the net estate and where the only other dependant, if any, is or are a child or children of the surviving spouse.

If the value of a deceased's net worth is not more than RM40,000.00 (Forty Thousand Ringgit), then the court shall have the power to make an order providing for maintenance, in whole or in part, by way of a lump sum payment.

Do always remember to keep your will up to date to reflect your real intention and to ensure those you love are protected.