When a person passes away, their estate must be managed and distributed according to their Will or, in the absence of a Will, according to the law. In Malaysia, the probate process is governed by several key pieces of legislation, including the Probate and Administration Act 1959 and the Wills Act 1959, which provide the […]
Resources
Private Nuisance: Legal Remedies for Unlawful Interference
Private nuisance is a key concept in tort law that addresses interference with an individual’s enjoyment and use of their land. Unlike public nuisance, which affects the general public, private nuisance concerns disruptions that impact specific individuals, such as excessive noise, foul odors, or encroachments. What Constitutes Private Nuisance? Under Malaysian law, private nuisance arises […]
Directors’ Fiduciary Duties and Liabilities
Company directors play a crucial role in corporate governance, ensuring ethical business practices and legal compliance. In Malaysia, directors owe fiduciary duties to act in the best interests of the company. A breach of these duties can result in serious legal consequences, including fines, imprisonment, and civil lawsuits. The Companies Act 2016 (CA 2016) serves […]
Fraudulent Misrepresentation
Introduction Fraudulent misrepresentation occurs when a party knowingly makes a false statement with the intent to deceive another party, causing them to suffer financial loss. This is a serious legal matter that can lead to claims for damages and, in some cases, personal liability for directors. Understanding Fraudulent Misrepresentation Under Malaysian contract and tort law, […]
Are You Receiving the Full Compensation You Deserve After a Motor Vehicle Accident?
Introduction Motor vehicle accidents that suffered injuries can lead to serious physical, emotional, and financial burdens. While many victims rely on standard motor insurance policy to cover their losses, insurers often minimize payouts, leaving them with far less than they deserve. Many individuals accept these settlements without realizing their full legal rights. If you have […]
How to Legally Evict Bad Tenant
Introduction As a landlord, dealing with tenants who fail to pay rent or refuse to vacate your property can be one of the most challenging aspects of property ownership. Issues like overdue rent, property damage, or disruptive behavior can cause significant distress. Self-Help Measures: What’s Allowed? It might be tempting to take matters into your […]
Friendly Loan in Malaysia: What You Need to Know
Introduction In Malaysia, the concept of a “friendly loan” refers to informal financial arrangements between individuals, often involving friends or family members. While these loans are usually based on trust and goodwill, disputes can arise when repayment does not occur as expected. Can Friendly Loans Be Recovered? Yes, friendly loans can be recovered, but the […]
Understanding the Construction Industry Payment and Adjudication Act (CIPAA)
Introduction The Construction Industry Payment and Adjudication Act (CIPAA) was introduced in Malaysia to address payment disputes in the construction sector, offering an efficient legal framework for quick resolution. CIPAA ensures timely payments, resolves financial challenges, and minimizes project delays by providing a less formal alternative to traditional court procedures. CIPAA aims to resolve payment […]
Divorce Proceedings for Non-Muslims in Malaysia: An Overview
Divorce can be an emotionally challenging process, and navigating the legal framework in Malaysia is essential for those considering or undergoing a divorce. For non-Muslims in Malaysia, divorce proceedings are governed by the Law Reform (Marriage and Divorce) Act 1976 (“LRA 1976”), which provides a legal process to ensure fairness for both parties involved. Understanding […]
Limitation Period for Debt Recovery
Section 6(1)(a) of Limitation Act 1953 (“LA 1953”) sets a time limit within which creditors must take legal action to recover debts. For most debts, creditors have six (6) years from the due date of payment to initiate a lawsuit. If this period expires, the creditor may lose the right to enforce the debt. Nuances […]