My brother has gambling problems and has borrowed a lot of money from my father in many occasions.
Recently, they went into an argument which resulted in my father publishing in the newspaper to disown him.
According to your previous publication, if a person passes away without a Will, his children will be able to inherit.
So in this case, is my brother still considered a child of my father and therefore eligible to be one of the heirs even after such publication in the newspaper?
Rockwills Answer:
In Malaysia, a child or parent cannot disown one another simply because we do not have any legislation recognising the act of disowning as legally valid.
However, your father can write a Will and not name him as a beneficiary.
If the father did not write a Will, all his children will still be able to inherit under the Distribution Act 1958 (amended in 1997) applicable to peninsular Malaysia and Sarawak, and Intestate Succession Ordinance 1960 applicable to Sabah only, and the publication of the act of disowning will have no effect on the right of the son to inherit.
To prevent possible complications, it is good to state a reason for the exclusion, for example, that he is a compulsive gambler.
If your father has already written a Will earlier, it would be opportune for him to consider rewriting his Will now.
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Source: The Borneo Post Online
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