Explanation of clauses that are frequently asked about:
1. If I and any beneficiary die simultaneously or in circumstances making it difficult to determine the order of death, it shall be presumed that I predeceased the beneficiary unless otherwise required by law.
Layman explanation: If a beneficiary and I die at the same time, or if it's impossible to tell who died first, my will shall treat it as if I passed away before them. This means my assets will officially move to that person first, unless a specific local law forces a different outcome.
Simultaneous Death Clause
• Under Malaysian common law, if two persons die in circumstances where it is unclear who died first, the younger is presumed to have survived the elder.
• However, a testator can override this presumption in the Will.
• If the Will states that the testator is deemed to have predeceased the beneficiary, the court will generally give effect to that clause.
• Effect: the gift passes to the beneficiary first and may then form part of the beneficiary’s estate (possible double administration).
2. If any beneficiary challenges or contests this will, they shall forfeit their entitlement to any portion of my estate, and their share shall be distributed as if they had predeceased me.
Layman explanation: If anyone named in my will tries to sue or legally fight the terms of this document, they will be completely cut out. They will lose their entire inheritance, and I will act as if they died before me so their share goes to my backup choices instead.
No-contest (forfeiture) clause
• Forfeiture clauses are generally recognised in Malaysia.
• If a beneficiary challenges the Will, they may lose their entitlement.
• Their share is treated as if they predeceased the testator.
• However, the court may not strictly enforce the clause if the challenge is made in good faith (e.g. lack of testamentary capacity, undue influence, improper execution under the Wills Act 1959).
3. In the event that any beneficiary named in this Will does not survive me by 30 days, such beneficiary shall be deemed to have predeceased me, and any benefit that he or she would otherwise have received shall pass to the surviving beneficiary(ies) in accordance with the provisions of this Will.
Layman explanation: If anyone I leave money to dies within 30 days of my own death, they will be treated as if they died before I did. Their share will not go to them or their estate; instead, it will skip them and go directly to the next living people I have named in this Will.
30-day survivorship clause
• Malaysian law does NOT automatically impose a 30-day survival requirement.
• If the Will includes a 30-day clause, it is valid and enforceable.
• If the beneficiary dies within 30 days, they are deemed to have predeceased the testator.
• Their share passes to substitute beneficiaries or falls into the residuary estate.