Domicile Clause
The domicile clause provides clearer legal standing for which country’s laws govern the estate.
How to select for your clients:
✅ Select YES if:
The client is a Malaysian citizen/PR.
They consider Malaysia their permanent, lifelong home.
❌ Select NO if:
The client is an expat or foreign national.
They consider another country as their permanent home or plan to move back eventually.
This helps avoid legal conflicts with their home country’s inheritance laws.
Info for Existing Clients with Wills already signed
🔵 Is their Will still valid?
Yes, 100%. The absence of this clause does not change or invalidate any existing Will.
🔵 Why the update?
This clause is an improvement to strengthen new Wills by explicitly stating the client's intentions.
🔵Action needed?
No immediate update is required. If the client chooses to review or update their Will in the future, this can be
included then as a simple enhancement.
What is the domicile clause
A domicile clause is NOT a clause that automatically makes one country’s law apply to everything.
It is a declaration of where the testator considers his or her permanent legal home (domicile) to be, and expression of
intention on which succession law should govern movable assets.
That declaration can influence:
- which court takes primary jurisdiction over the estate,
- which succession law applies to movable assets,
- cross-border probate procedures,
- and how foreign courts interpret the testator’s intentions.
Governing Law of Assets
Immovable Assets (Land/Houses): Is always governed by the law of the country where the property is located
Movable Assets (Cash, Shares, Jewelry): Is governed by the law of the country where the testator is domiciled at the
time of death.
This is true even if the person lives in Singapore, or no domicile clause exists.
If a person owns bank accounts, investments, shares, or other movable assets in addition to property, a domicile clause
helps reduce ambiguity as to which country’s succession law should apply to those movable assets.
Absence of a Domicile Clause
The absence of a domicile clause does NOT mean:
- Singapore law automatically applies,
- or Malaysian law does not apply
Instead, the court will independently determine the deceased’s domicile based on the available evidence. The court will
look at:
- citizenship,
- permanent residency (PR),
- long-term residence,
- family ties,
- tax residence,
- business and social connections,
- future intention,
- where the person intended to settle permanently.
Generally Singapore law does not require the testator to prove his domicile. The courts will take it that citizens and
PRs are domiciled in Singapore unless there is evidence otherwise. If the testator appears to be resident in another
country, the court will direct the executors to obtain probate in the domiciled jurisdiction and apply for resealing
afterwards.
Effect of Including a Domicile Clause
Where a domicile clause expressly states that Malaysia is the testator’s permanent home, the possible effects include:
- stronger evidence that Malaysian law governs movable assets,
- reduced room for family disputes,
- easier cross-border probate coordination,
- clearer succession framework where multiple countries are involved.
This can be especially useful where:
- the testator lives in Singapore but retains stronger Malaysian ties,
- assets are located in both Malaysia and Singapore,
- or family members may later dispute the intended governing law.
Strategic Consideration
Including a domicile clause may be beneficial where the client wishes:
- Malaysian movable assets and Malaysian immovable assets to be administered consistently under Malaysian succession
principles,
- clearer cross-border administration,
- reduced uncertainty for executors and beneficiaries.
Omitting a domicile clause may provide greater flexibility where the client:
- the client may later permanently relocate,
- Intends to acquire Singapore citizenship or PR,
- or genuinely change domicile in the future.