Malaysian FOREIGN ASSETS - ROCKWILLS Will Writing Writer

FOREIGN ASSETS

The general rule is that for movables, the Law of the Testator's domicile applies, WHEREAS for immovables, it is the lex situs that applies.
Accordingly, for immovable property, 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 general policy of the Law is to save as many Wills as possible.
Section 27 of the Wills Act, 1959, Malaysia lays down 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 that it is executed in the manner required by:

1) The Wills Act, 1959, Malaysia; or

2) The Law of the place where it was executed; or

3) The Law of the Testator's domicile at the time of its execution; or

4) The Law of the Testator's domicile at the time of his/her death.

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