WILLS, SUCCESSION & ESTATE ADMINISTRATION

FOREIGN ASSETS AND FOREIGN WILL

FOREIGN ASSETS

Generally, the following is applicable:
 

For movables, the Law of the Testator's domicile applies,
 

WHEREAS
 

For immovables, lex situs applies.
and a local Will should be made.

Domicile: The country in which a person is or is presumed to be permanently resident.

Lex Situs: The Law of the place where the property is situated.

WILLS EXECUTED ABROAD

The Law attempts as far as possible to preserve a Will
Therefore, Section 27 of the Wills Act, 1959, Malaysia stipulates that
a Will made outside Malaysia shall be deemed to be valid
PROVIDED THAT
such Will is either in writing or is a privileged Will, and
PROVIDED THAT it is executed in the manner required by:

(a) the Wills Act, 1959, Malaysia; or

(b) the Law of the place where it was executed; or

(c) the Law of the Testator's domicile at the time of its execution; or

(d) the Law of the Testator's domicile at the time of his/her death.

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