Following the issuance of the Grant of Probate or Letters of Administration by the High Court, the executor or administrator shall proceed to the relevant authorities to administer the deceased’s estate. The following documents are required to be presented to the relevant authorities:- 1. Related with Bank / Investment Institutions / Stock Market To bring…
Prenuptial and Postnuptial Agreements
Prenuptial and Postnuptial Agreements: Are They Necessary? Many couples wonder whether they should set out, in writing, what will happen to their property, finances, and family arrangements if their marriage ever breaks down. Some sign such an agreement before the wedding; others do so after they are already married. A natural question follows: are these…
离婚程序中的生活费与抚养费
当一段婚姻走到尽头，其中一方往往需要经济上的支持，才能重新开始生活；同时，孩子的生活和教育也仍然需要被妥善照顾。在马来西亚，关于谁需要支付、应支付多少以及应支付多久，法律原则已经相对明确。本文将以简单易懂的方式，说明非穆斯林离婚案件中的 maintenance（生活费／抚养费）如何运作，以及法院在实际案件中如何适用相关法律。 法律怎么规定？ 离婚中的 maintenance 主要受《Law Reform (Marriage and Divorce) Act 1976》（“LRA”）管辖。其中，两个条文是核心。 Section 77 赋予法院权力，命令丈夫在离婚程序期间或离婚之后，向妻子或前妻支付 maintenance。相反方向的命令则只适用于较狭窄的情况：若丈夫因受伤或健康问题而无法维持自己的生活，法院才可命令妻子支付 maintenance 给丈夫。实践中，maintenance 最常见的情况仍然是由丈夫支付给妻子。 Section 78 则说明法院如何决定金额。法院主要会考虑双方的“means and needs”，也就是支付方的经济能力，以及收款方的实际需要。同时，法院也会考虑双方各自在婚姻破裂中所承担的责任。因此，这不是一个机械式的计算公式，而是一个根据个案事实灵活判断的过程。 至于孩子，则属于另一个独立的问题。父母都有法律责任维持子女的生活和教育需要。这项责任并不会因为孩子满 18 岁就自动终止。如果孩子仍在接受进一步教育或高等教育，例如大学教育，父母的抚养义务可能会持续到该教育阶段完成为止，包括学费在内。 法院如何处理 maintenance 申请？ 在决定 maintenance 时，法院通常会参考几个实际原则。 “Means and needs”，不是“means and wants” 法院保障的是合理生活水平，而不是满足一方的愿望清单。申请 maintenance 的一方不能只是列出所有自己想要承担的开销；关键在于这些开销是否是真正合理和必要的。如果申请金额中包含过多奢侈或不合理项目，法院通常会将其削减至现实合理的水平。 不过，法律也会尽可能让前配偶在离婚后维持与婚姻期间大致相近的生活水平。但法院也承认，一旦一个家庭分成两个独立生活单位，完全复制过去的生活方式通常并不现实。 支付方真实的经济能力 maintenance 的金额必须根据支付方实际能够负担的能力来决定。当支付方隐瞒收入或资产时，问题就会变得复杂。对此，法律有一个有力的回应：如果丈夫拒绝完整、诚实地披露自己的财务状况，法院可以对其作出不利推断，即假设他正在隐瞒可用于支付 maintenance 的 substantial wealth。 换言之，在金钱问题上不诚实，往往不会减少他需要支付的金额，反而可能导致法院作出更高的 maintenance 命令。 当地生活成本 maintenance 的金额也会根据收款方实际居住地的生活成本来评估。如果一个居住在马来西亚的人以外币提出高额生活费申请，法院仍会根据马来西亚本地的生活成本重新评估该金额是否合理。…
Maintenance in Divorce Proceedings
When a marriage breaks down, one spouse often needs financial support to move on, and the children still need to be provided for. The law that decides who pays, how much, and for how long is well settled in Malaysia. This article explains, in plain terms, how maintenance works in a non-Muslim divorce and how…
Intellectual Property and Comic Art: A Practical FAQ for Creators
The comic art industry brings together a wide range of creators, including comic and manga artists, illustrators, cover artists, concept artists, webtoon creators, animators, designers and studios. Many creators sell original characters and merchandise, take commissions, publish serialized works and license their creations into animation, trading cards, translations and other commercial formats. Behind all of…
CAN A MANAGEMENT CORPORATION (MC) IMPOSE DIFFERENT RATES OF MAINTENANCE CHARGES AND SINKING FUND FOR STRATIFIED DEVELOPMENTS?
Introduction In strata and mixed-use developments, disputes often arise over when a management corporation can lawfully impose differential charges. While the Strata Management Act 2013 allows MCs to levy fees at different rates, courts stress that this power must be statutory, reasonable, and proportionate to the benefit from common facilities. Differential charges are generally upheld…
Keldai Accounts: When Helping a Friend Becomes a Criminal Offence
Picture this: Your friend contacts you. He says he has a side business but his bank account has a transaction limit issue. He just needs to use your account for a few weeks to receive some payments. He’ll transfer your cut once the money comes in. Easy. Fast. No paperwork. No questions asked. Or maybe…
Residential Tenancy Act (RTA) Malaysia: What We Know, What to Expect, and How It Will Reshape the Rental Market
Executive Summary Malaysia’s long-anticipated Residential Tenancy Act (RTA) remains in draft form as of May 2026. Despite repeated announcements since 2020, the Bill has not yet been tabled in Parliament. However, public demand for clearer rental protections, standardised agreements, and a dedicated dispute resolution mechanism continues to grow. This article provides a deep dive into:…
THE ROLE OF CONTRACTS IN FILMMAKING
From Script to Screen A Practical Guide for Malaysian Film Industry Stakeholders Introduction The Malaysian film industry has grown considerably over the past decade, with productions spanning local theatrical releases, streaming platforms and international co-productions. Yet amid the excitement of creative endeavours, one critical element is often underestimated: the contract. This article walks through the…
Division of Matrimonial Assets in Malaysia: A Practical FAQ Based on Recent Case Law (2025-2026)
When a marriage ends, one of the most disputed issues is often not whether there should be a divorce, but how the parties’ assets should be divided. In Malaysia, that question is governed principally by section 76 of the Law Reform (Marriage and Divorce) Act 1976. In the recent legal trend, the court does not…
Waves of Change on the Horizon for Malaysia’s Property Landscape
How the upcoming reforms, new laws, and digitalisation will transform the way Malaysians buy, sell, rent, and manage property. Malaysia is entering one of the most transformative periods in its property sector in decades. A wave of new laws, digital systems, and policy reforms is reshaping how homes are built, sold, financed, managed, and rented….
Tips To Negotiate for Spousal Maintenance
There are a few ways to negotiate for spousal maintenance. Commonly, negotiation can happen via a physical or virtual meeting or via legal correspondence. Sometimes, negotiation can also happen in the presence of a neutral third party such as a financial planner or a family therapist. It is important to note that different strategies may…
NAVIGATING THE ROADBLOCK: A GUIDE TO TRADEMARK PROVISIONAL REFUSAL BY MYIPO
Filing a trademark is a critical step in securing your brand’s identity. In Malaysia, the journey from application to registration is managed by the Intellectual Property Corporation of Malaysia (MyIPO). While most applicants hope for a smooth path, a common hurdle is the issuance of a Provisional Refusal. By understanding the process and responding decisively…
Interpretation of ‘Reside’ in Judicial Separation Petition
1. Where ‘domicile’ grants jurisdiction for parties to file for divorce, ‘reside’ grants jurisdiction for parties to file for judicial separation. It forms the basis of the petition being filed in the family court, and the source of the courts’ power to grant orders.2. The understanding of these phrases becomes particularly important given how borderless…
Case Update: Court of Appeal Overturns High Court Decision on CTOS Liability
Following our earlier article on “Understanding Your Rights in Cases of Inaccurate CTOS Scores”, there has now been a significant development. In CTOS Data Systems Sdn Bhd v Suriati binti Mohd Yusof [2024] 5 MLJ 811, the Court of Appeal has overturned the High Court’s decision, marking an important shift in how liability of credit…
Frozen Embryos, Forced Parenthood & Financial Freedom: A Landmark Malaysian IVF Case That Redefines Family Law
The Malaysian Courts have recently been confronted with a novel and complex issue at the intersection of law, ethics, and reproductive technology. What happens when science outpaces the law—and a marriage ends while parenthood remains frozen in time? In RAH v. RAL [2025] 4 CLJ 132, the High Court of Malaya was asked to decide…
BENEFITS OF ARBITRATION
Arbitration is an alternate dispute resolution process to the usual process of the Courts. This avenue is usually resorted by parties when their contract provides for a pre-existing arbitration clause or where parties collectively agree to arbitrate their existing dispute before an arbitrator instead of a judge. The arbitration proceedings in Malaysia are usually administered…
APPLICABILITY AND BENEFITS OF CIPAA
Effective 14.04.2014, the Construction Industry Payment and Adjudication Act 2012 (CIPAA) came into force. The introduction of CIPAA provides an alternative and expeditious recourse to unpaid parties in the construction sector compared to the slower and costly processes of litigation or arbitration. The adjudication process is private and would usually take approximately 90-100 days from…
Malaysia’s New Patent Landscape: What Business Owners Need to Know Now
If your business relies on patents, a significant shift in Malaysia’s legal framework is now in effect as of 31 December 2025. The Patents (Amendment) Regulations 2025 introduce a new administrative system for challenging patents, altering the strategic landscape for both patent owners and their competitors. For business leaders, understanding this change is crucial for protecting…
The Business of Raya: Protecting Your Intellectual Property During the Festive Season
For businesses in Malaysia, Hari Raya Aidilfitri is more than a celebration; it is a major commercial event. From special product packaging and festive songs to limited-edition apparel and marketing campaigns, Hari Raya Aidilfitri represents a significant investment in creativity and branding. However, amidst the rush to capture the festive market, a critical question often…
Unleashed: Exploring the Rise of AI-Driven Crimes and Their Implications
A. Introduction Artificial Intelligence (AI) has rapidly transformed the digital landscape, enabling automation, data analysis, and user interaction on a scale never seen before. Yet, as technology advances, so do the methods of cybercriminals. The rise of AI-enabled and AI-assisted crimes represents a new frontier of digital threats—one that challenges not only cybersecurity experts but…
Types of Offences and Fines Imposed by Data Regulators in Malaysia
In March 2025, the Malaysian Personal Data Protection Commissioner (PDPC) issued a public list of data users and collectors penalised for non-compliance with the Personal Data Protection Act 2010 (PDPA) and the Personal Data Protection (Registration of Data Users) Regulations 2013. This highlights a growing trend: businesses in Malaysia face increasing scrutiny and hefty fines…
Legal Update: Proposed Regulation of Unsolicited Commercial Electronic Messages (UCEM)
On 13 August 2025, the Malaysian Communications and Multimedia Commission (“MCMC”) issued a Public Consultation Paper proposing a subsidiary legislation under the Communications and Multimedia Act 1998 (“CMA”). This follows the introduction of Section 233A via the Communications and Multimedia (Amendment) Act 2025. While Section 233A has been enacted, it is not yet in force….
Applying For Probate and Letters of Administration in Sabah
Differences between Probate and Letters of Administration: Particular Probate Letters of Administration What is Probate and Letters of Administration? A legal document issued by the High Court of Sabah and Sarawak when a person dies leaving a valid will and having appointed an executor. A legal document issued by the High Court of Sabah…
Cybersecurity
Cyber Fraud, Scams & Phishing: Malaysia’s Response and the Legal Framework In today’s digital age, convenience comes with growing risks, particularly cyber fraud, scams, and phishing. These threats are no longer rare or isolated but are now common, sophisticated, and target individuals across all age groups. In Malaysia, such cybercrimes are escalating, making legal and…
Federal Court’s Reinstatement Order Reignites Debate on Fixed-Term Employment : A case study on Ooi Mei Chien v. Osram Opto Semiconductors Sdn Bhd & Ahmad Zahri bin Mirza Abdul Hamid v AIMS Cyberjaya Sdn Bhd [2020] 5 MLJ 58
In a bold and precedent-reaffirming decision on 17 June 2025 for the case of Ooi Mei Chien v. Osram Opto Semiconductors Sdn Bhd, the Federal Court of Malaysia ordered the reinstatement of a former senior executive, rejecting the notion that monetary compensation should be the default remedy even for high-ranking roles. The case made waves…
How To Become A Malaysian Permanent Resident (PR)?
Malaysia’s PR system is strict with approvals; granted on a case-by-case basis by the Immigration Department. There is no automatic right to PR, even after many years in Malaysia. However, certain pathways increase your chances. 1. Eligibility Pathways for Malaysian PR A. Long-Term Residents (5+ Years on a Valid Pass) Must have lived in Malaysia…
Unfair Dismissal: What Are Your Rights as a Workman in Malaysia?
If you have been unfairly dismissed by your employer, you have the right to file a representation under Section 20(1) of the Industrial Relations Act 1967 (IRA) for reinstatement to your former employment. This is commonly referred to as a claim for unfair dismissal in the Industrial Court. Remedies Available Upon finding that the dismissal…
Guide Minority Oppression in Malaysia
In the corporate world, decisions are generally made according to the will of the majority. But what happens when that majority misuses its power to the detriment of minority shareholders? In Malaysia, the law provides a safeguard. Section 346 of the Companies Act 2016 allows minority shareholders to seek court intervention if the company’s affairs…
Probationary Employment in Malaysia: An In-Depth Guide
In Malaysia, probationary periods are a standard practice in employment, serving as a trial phase for employers to evaluate new hires before offering permanent positions. This period is critical for assessing skills, behavior, and organizational fit. However, misunderstandings about probationers’ rights and employers’ obligations often arise. This comprehensive guide explores five key aspects of probationary…
Maintenance Claims in Divorce Case
Divorce is never easy, especially when only one party wants it. In a single-sided divorce, also called contested divorce, the issues of financial support often become complicated. If you’re going through this, understanding your rights is crucial. Maintenance Claims: What You’re Entitled To As part of the divorce, one spouse may be required to pay…
Land Title Conversion in Sarawak
Q: What is Land Title Conversion? A: In Sarawak, land titles are categorized by their use such as agriculture, commercial, or residential. If you want to change how you use your land (like converting agricultural land into a residential lot for development), you must apply for a land title conversion. This change allows you to…
Divorce under Native Courts (Mahkamah Bumiputera / Indigenous Court)
https://www.malaymail.com/news/malaysia/2021/11/11/ministry-to-help-women-seeking-divorce-under-native-courts-says-sarawak-min/2020049 Divorce can be a daunting experience, especially when there are complexities of the legal system. For those residing in Sarawak, it is important to know that there are options available for seeking divorce under Native Courts. Let’s consider a scenario for someone seeking divorce in Native Court; A couple, both of whom belong to…
MSC Mediterranean Shipping Company SA (Appellant) v Conti 11 Container Schiffahrts-GmbH & Co KG MS “MSC Flaminia” (Respondent) (This Appeal was decided by the UK Supreme Court on 9.4.2025)
Articles 1.1, 1.2 & 2 of the Convention on Limitation of Liability for Maritime Claims 1976 Lord Hamblen (with whom Lord Hodge, Lord Briggs, Lord Leggatt and Lord Burrows agree) held : – – Claim for the costs of discharging sound and damaged cargo, and of decontaminating the cargo, was limitable under Article 2.1(e) of…
The Owners of the “X-PRESS MAHANADA” v The Owners of the “BURGAN” (decided on 26.3.2025)
ColRegs Rules 5, 6, 8, 9 and 34 Mrs Justice Cockerill DBE held : – – High speed causes and the positioning of the vessel was in contravention of ColRegs. – No proper lookout in contravention of ColRegs but one vessel did not cause the collision based on this breach. Factual Background – On 14.6.2019…
SD REBEL BV (2) The Master, Officers & Crew of the Tug “VB Rebel” v Elise Tankschiffahrt KG
Antisuit injunction Whether a jurisdiction clause has been agreed or incorporated – Article 10 Rome I Regulation (Regulation (EC) No 593/2008) Plea of non est factum – whether valid Plea of uncertainty Master Richard Davison held : – – Salvage claim will be awarded when there is clear salvage of a vessel. – As a…
Reseau De Transport D’Electricite & Others v Stema Shipping (UK ) Limited & Ors (decided on 20.1.2025)
Article 1(4) Limitation Liability Res Judicata Mrs Justice Cockerill DBE held : – – An order cannot be challenged when it is unambiguous. – Cause of action estoppel operates when there is a lack of cause of action under Section 185 of the Merchant shipping Act 1995. – The issue estoppel only arises when the…
Port of Sheerness Limited v Swire Shipping Pte Ltd (decided on 3.1.2025)
Express terms of contract Unilateral Power to charge Supplemental Agreement Quantum Meruit Estoppel by representation Reasonableness of Period Toll (within Section 60 of the Medway Ports Authority Act 1973 or is it a penalty? Statutory tripling Master Richard Davison held : – – Commercially viable in enforcing the period toll which is being claimed from…
Bunge SA v Pan Ocean Co Ltd (decided on 30.1.2025)
Mr Justice Henshaw held : – – To be an affected area, there must be an generalised risk of quarantine or other restrictions being imposed similar to a blanket requirement that all vessels be required to quarantine for a fixed number of days regardless of the test results. – the BIMCO Additional Clause (h)(iii) contain…
Rights Over the NCR Land
Native Customary Rights (NCR) land disputes are a common issue in Sarawak and Sabah. For many local communities, NCR land is not just property but a part of their heritage, livelihood, and identity. Unfortunately, disagreements over ownership, boundaries, or development often arise. These disputes can be complex and emotionally charged, but with the right legal…
Jurisdiction Under Sections 48 and 49 of the Law Reform (Marriage and Divorce) Act 1976: A Comprehensive Analysis
A. Introduction The Law Reform (Marriage and Divorce) Act 1976 (LRA 1976) governs civil marriages and divorces for non-Muslims in Malaysia. Central to its jurisdictional framework are sections 48 and 49, which determine when Malaysian courts can hear petitions for divorce and judicial separation. These provisions ensure that only cases with a sufficient connection to…
Governing Non-Profit Organizations In Malaysia: How To Legally Set Up Your Organization?
In Malaysia’s varied social landscape, Non-Profit Organizations (NPOs) are key figures of kindness, assistance, and influential transformation, playing a major role in different areas such as education, healthcare, environmental protection, and social services. These NPOs represent a concerted drive towards promoting inclusion, lasting sustainability, and comprehensive growth in communities, with a special emphasis on improving…
Understanding the Protection for Guarantors in Bankruptcy Proceedings
As everyone may be aware, following the introduction of the Insolvency Act 1967, a social guarantor can no longer be subjected to bankruptcy proceedings as Section 5(3) of the Insolvency Act provides absolute protection to social guarantors. Now what about non-social guarantors? Unlike social guarantors, non-social guarantors do not enjoy complete immunity from bankruptcy proceedings….
Understanding Legal Due Diligence in Real Estate Transactions in Malaysia: A Comprehensive Guide for Buyers and Sellers
Real estate transactions in Malaysia, whether you’re buying your first home, investing in commercial property, or selling a family asset are often significant financial commitments. These transactions, while exciting, are also fraught with potential legal risks. Conducting thorough legal due diligence is essential to ensure a smooth process and protect your interests. What is Legal…
A Management Corporation Imposing Different Rates of Maintenance and Sinking Fund Charges (‘Charges’) In A Strata Property- Yes or No?
INTRODUCTION The Strata Management Act 2013 in Malaysia governs the management and upkeep of stratified residential properties. It aims to ensure that these properties are well-managed, and that residents, developers, and landowners have their rights and responsibilities clearly defined. However, a plethora of issues arises in the maintenance and management of stratified mixed developments i.e…
Abandoned Housing Projects in Malaysia
Q. Are abandoned housing projects a big concern in Malaysia? A. Yes, and as a matter of fact, the concern is a global one. Q. How bad is the situation in Malaysia? A. The Deputy Minister of the Housing and Local Government Ministry, Datuk Aiman Atirah Sabu in the Dewan Rakyat on March 25, 2024…
租赁协议中的关键考虑事项
1. 租赁协议期限 明确租赁期的长短，例如为期一年、两年或其他具体时长。 2. 每月租金 说明租户每月需支付的租金金额。 3. 付款截止日期 协议应明确规定租金每月的付款日期，以避免误解或逾期付款。 4. 押金 租赁协议通常需要支付押金，包括： • 租金押金： 通常被称为保证金，用于覆盖潜在的损坏。 • 水电押金： 用于支付未缴清的水电费。 押金通常在租赁期结束后退还，前提是没有损坏或欠款。 5. 租赁协议的终止 该部分详细说明房东或租户在何种情况下以及如何终止协议，包括任何必 要的通知期限。 6. 续租选项 某些协议允许租户在租赁期满后继续租用，但房东可能会调整续租期的租 金或其他条款。 7. 转租 如果租户希望将房产或部分房产转租给他人，协议应明确规定相关规则。 大多数房东要求事先获得书面批准。 8. 维修责任 协议应明确房产维修的责任分配： • 租户通常负责小型维修。 • 房东通常负责主要维修，以确保房产的安全和适居性。 如有任何疑问或需要深入的法律咨询，请联系我们的律师。
What are the Key Considerations in a Tenancy Agreement?
1. Duration of the Tenancy Agreement This specifies the length of the rental period, such as whether it is for one year, two years, or another defined period. 2. Monthly Rent This outlines the monthly rental amount the tenant is required to pay for the property. 3. Payment Due Date The agreement should clearly state…
Case Analysis: TRIPLE ZEST TRADING & SUPPLIERS & ORS v. APPLIED BUSINESS TECHNOLOGIES SDN BHD [2023] 10 CLJ 187
This Federal Court case revolves around the legality of a loan agreement that charges 100% interest, disguised as an “agreed profit,” and whether the respondent was in the business of moneylending under the Moneylenders Act 1951 (MA51). It raises fundamental questions about the enforcement of illegal contracts, the applicability of statutory presumptions, and the public…
Discharge of Charge and Deed of Receipt and Reassignment in Malaysia: A Comprehensive Guide
Introduction In the realm of property ownership and financing, ensuring proper legal documentation is vital for protecting the rights of both borrowers and lenders. Two key legal documents – Discharge of Charge and Deed of Receipt and Reassignment are integral to confirming the release of the lender’s interest in the property and ensuring the borrower…