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Showing posts from April, 2023

Time to lawyer up and get your will sorted! What do you need to bring along?

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Making a WILL can seem like an uphill task, but it is necessary to make sure that all your assets are properly divided when you pass away in line with your wishes and preferences. Don't be fooled into thinking only the uber-rich or complicated peeps need wills. A WILL is a smart move for everyone! Here's why: Call the shots on who gets what when you're gone. Keep those precious assets away from any undesirables (no offense to Aunt Michelle). Handpick who takes care of your little ones. Don't let the courts decide! Give your heirs a quicker and smoother path to their inheritance (who doesn't like less drama?). Plan ahead to save your estate some cash-money and even do some good in the world with charitable donations. Winning all around!  Well... Many clients have this one question to ask when they call to set an appointment to draw up their WILL. What are the documents and/or information I should bring along for our meeting? Here you go:- 1.      A copy of your IC (I

Sibling Showdown: A Tale of Wills, Witnesses, and Who Gets What!

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Mr. Chew's brother, CKM, passed away due to COVID-19. Little did he know that his late brother had left a will, naming him as the sole heir to his estate. However, things took a dramatic turn when Mr. Chew discovered that his elder sister, CYL, had filed a probate application in court using another will, allegedly in her possession. This new will, which excluded Mr. Chew, made CYL the sole beneficiary. Determined to claim what rightfully belongs to him, Mr. Chew appointed a lawyer to thwart CYL's cunning plan. The battle for inheritance continues! After CYL's probate application was withdrawn, Mr. Chew's lawyer made a shocking discovery while examining WILL No.2 - CYL's spouse, Mr. D, was one of the witnesses! This clearly contravenes Section 9 of the WILLS ACT 1959 . This revelation prompted Mr. Chew's lawyer to take swift action and file an application to decide the case in point of law. Will justice be served, or will CYL and Mr. D get away with their dece

INFOGRAPHIC: Will-Wreckers, Don't Let These Sneaky Actions Invalidate Your Last Will and Testament!

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Hey there, did you know that certain actions can totally mess up your last will and testament? Yep, turns out that your final wishes can get thrown out the window if you don't watch out for these tricky invalidators. So, if you want to make sure your heirs get what's coming to them, better pay attention to these potential will-wreckers! 1.     SPOUSE OF THE BENEFICIARY ACTS AS A WITNESS TO THE WILL The beneficiary's  spouse appointed as the witness will lose his/her entitlement in the Will. The validity of the Will can also be challenged. This is in line with Section 9 of the WILLS ACT 1959. 2.    GETTING MARRIED AFTER WRITING A WILL When you get married or remarry, your will is automatically revoked. A "contemplation of marriage" clause in your will that expressly calls for an anticipated marriage is an exception. A divorce has no bearing on a will's legality. In this case, a new will is required. 3.    BENEFICIARY IS ALSO A WITNESS A will can be witnessed an

Unscrambling the Legal Lingo: Explaining some commonly used terms!

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Are you fed up with getting lost in a sea of legalese? But you're not sure where to begin, do you want to seem like a legal expert? Do not worry, my friend, since we will be decoding Malaysia's most used legal phrases in this blog post! Ah, " Bona Fide "—that elegant Latin phrase that gives you the air of a lawyer from a sitcom. What does it mean, though, exactly? Actually, it's a phrase that refers to something that is sincere or done in good faith. Need an example? here you go:- Let's imagine you decide to purchase a brand-new car from a dealership. The salesperson assures you that the vehicle is in immaculate shape and has never been in an accident. Although you're eager to sign on the dotted line, you first want to confirm that the salesperson's promise is legitimate. In order to confirm the vehicle's history, you request a  report. The salesperson's claim is genuine if the report demonstrates that the vehicle hasn't been in an accident

The Client Connection: How Positive Experiences Drive My Passion for Representing in Court!

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My work is driven by a strong appreciation for my clients, and nothing makes me happier than learning about their wonderful experiences and seeing them succeed in their claims due to my representation in Court.  Clients motivate me to accomplish and become better at what I do every single time. After all. I truly think that I can develop enduring relationships and provide top-notch services by emphasising the needs of my clients and paying attention to their needs and opinions.  Hence, when Mr. Ling told me about his great experience, it was certainly the best part of my day. This kind of feedback encourages me to keep going and achieving greater height and positively affecting my clients' lives. My clients are the real MVPs! They've been showering my legal firm with compliments lately, and it's all thanks to my team's dedication to providing top-notch service. From patiently explaining complex legal matters to digging deep for the best evidence, we go above and beyond

Secure Your Business Legacy: Don't Leave It in Limbo Without a Will

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  YOU DID WORK HARD TO BUILD YOUR BUSINESS You've put a lot of effort into starting your firm from scratch. You've worked incredibly hard, given much, and dedicated your heart and soul to starting a successful business. But have you made the required preparations to guarantee that your company heritage will be safeguarded after your passing? CREATE A WILL AND REMEMBER, A VALID WILL Making a Last Will and Testament is among the most crucial things you can do to protect your company's assets. A will is a legal document that specifies how your property, including any business interests you may have, should be divided in the event of your passing. But if you are unfamiliar with the legal jargon and regulations, drafting a will that protects your company can be a difficult and perplexing process. TIPS & GUIDELINES We've gathered some pointers and recommendations for creating a Will that takes your company assets into account to assist you in getting started: 1. Create a

"Lawyer on the Go: Adventures and local food Insights from a Legal Nomad"

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  As a litigator, it is not unusual for me to travel all over Peninsular Malaysia for cases. Early this year, I traveled to Alor Setar, Kedah with a co-counsel "Mr. T". The best part is, we were travelling for a criminal case and we stepped in to defend the accused in a pro-bono manner.  Ok, first let me explain what is "pro-bono"? Pro-bono refers to providing free legal services for the public good. Lawyers often take on pro bono cases as a way to give back to their communities and help ensure that everyone has access to legal representation, regardless of their financial circumstances. So yes, Lawyers are compassionate! Trust me! Now let's continue the travel story.... Mr. T is quite the globetrotter and never fails to hunt down the most mouth-watering Court or town eats, eagerly sharing the spoils with yours truly. Clearly, we're both foodies on a mission! Ha-ha-ha! Mr. T had been raving about this legendary Nasi Lemak that was apparently being served up

Do you know there are similarities between a boxer and a lawyer before they begin their battle?

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Contrary to popular belief, filing a lawsuit is very similar to a boxing bout. The main distinction is that there is no physical combat. There is a 'Boxing Ring'. That is the COURTROOM, that is where the legal GLADIATORS battle out your case! Let me tell you a funny story explaining the similarities between a boxer and a lawyer:- A lawyer and a boxer were seated next to one another on an aircraft one day. While the boxer was viewing video of his opponent on his laptop, the lawyer was going over legal documents. After some time passed, the boxer addressed the attorney, "Hey, what are you doing there?" I'm getting ready for my next court case, the attorney retorted. To win, I must be sure I am well informed and possess the strongest arguments. "Yeah, I understand what you mean," the boxer replied, nodding. I'm analysing my opponent's actions to determine the best course of action to defeat him. To succeed, both of us must be organised and commit

Hey there! Ready to write your WILL? Don't worry, it's not as grim as it sounds! Here are some tips and tricks to make the process smooth sailing.

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  Once upon a time, Mr. Tan, a prosperous businessman, made the decision to write his WILL. I want to make sure my possessions are given to my loved ones in a correct manner, he remarked, calling for his attorney. But I also want to enjoy it a little. Uncertain of what Mr Tan meant by "fun" in relation to a WILL, the lawyer raised an eyebrow. "I want to leave one ringgit to each of my nephews, but they have to go on a treasure hunt to find the money," Mr. Tan added. I also want to give my kids a treasure map that will lead them to where I've hidden my favourite watch. However, the map will be encoded with puzzles. The attorney was puzzled and couldn't believe what he was hearing. However, he nonetheless complied with Mr. Tan's requests as it is his decision to make anyways. Years later, after Mr. Tan had passed away, his nephews were scouring the city looking for one ringgit, and his children were still scratching their heads trying to decipher the tr

Undang-Undang berkenaan dengan Joint Management Body (JMB)

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  Joint Management Body (JMB) atau Badan Pengurusan Bersama adalah sebuah entiti undang-undang yang bertanggungjawab untuk menguruskan dan mentadbir kondominium atau apartmen di Malaysia. JMB biasanya terbentuk setelah pemaju menyerahkan pengurusan bangunan kepada pemilik unit kondominium atau apartmen. Di bawah Akta Pengurusan Strata 2013 (Akta 757), JMB adalah satu entiti undang-undang yang diiktiraf dan mempunyai kuasa untuk menguruskan dan mentadbir kondominium atau apartmen. JMB ditubuhkan apabila lebih daripada separuh pemilik unit di dalam bangunan itu telah menandatangani dokumen penubuhan JMB. Antara tugas utama JMB termasuklah memantau pengurusan dan penyelenggaraan bangunan, menjalankan peruntukan Akta Pengurusan Strata, menguruskan dana perbelanjaan, dan menyelesaikan sebarang isu atau aduan dari pemilik unit. JMB juga mempunyai kuasa untuk mengambil tindakan undang-undang terhadap pemilik unit yang tidak mematuhi peraturan atau membahayakan keselamatan dan keselesaan pengh

Saya dipecat oleh Boss saya, apa yang perlu saya lakukan?

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  Anda dalam perjalanan ke tempat kerja. Ia seperti mana-mana pagi biasa. Setelah tiba di pejabat, anda cuba menclock masuk, tetapi anda mendapat mesej ralat. Tiba-tiba, bos anda datang dan memberitahu anda bahawa anda telah dipecat kerana selalu lewat datang kerja. Anda terkejut kerana anda tahu anda selalu hadir tepat pada waktunya, dan anda ingin menjelaskan diri. Tetapi bos anda memberitahu anda untuk mengambil barang-barang anda dan meninggalkan pejabat. Anda baru sahaja dipecat secara tidak adil. Alih-alih menerima kekalahan, anda ingin mengambil tindakan undang-undang terhadap bos anda. Tetapi... di mana anda harus memulakan? Mahkamah Perusahaan - mahkamah yang mendengar semua perkara pekerjaan - berfungsi sedikit berbeza berbanding dengan mahkamah biasa. Dalam mahkamah biasa, kes didengar oleh satu atau lebih hakim dan keputusan dibuat. Keputusan ini boleh dibuat rayuan ke mahkamah yang lebih tinggi kecuali jika anda sudah mencapai mahkamah terakhir. Keputusan Mahkamah Perusah