Uncategorized
Asher Kok

Is Divorce Within 2 Years Of Marriage Possible?

Under Malaysian law, a divorce petition generally cannot be filed within the first two years of marriage. However, the court may grant leave to do so if the petitioner can prove exceptional circumstances or hardship under Section 50(2) of the Law Reform (Marriage and Divorce) Act 1976. Malaysian courts interpret “exceptional hardship” strictly, requiring more than ordinary marital disagreements. Serious physical or psychological abuse, severe humiliation, or ongoing harm that makes continuation of the marriage intolerable may qualify. Even then, the court will consider the welfare of any children and the possibility of reconciliation before allowing an early divorce to proceed.

Read More »
Probate & Administration
Asher Kok

What If The Executor Refuses To Provide A Copy Of The Will?

When a loved one passes away, the will plays a central role in determining how their estate is administered and distributed. Beneficiaries and interested parties are often entitled to know the contents of the will, as it directly affects their legal rights. However, disputes frequently arise when an executor refuses or delays in providing a copy of the will.

This article explains what an executor’s obligations are under Malaysian law and the steps you can take if a copy of the will is being withheld.

Read More »
Real Property & Conveyancing
Asher Kok

How To Safely Buy Auction Property

Thinking of buying an auctioned property in Malaysia? Learn the key legal risks, due diligence steps, and practical tips to safely purchase auction properties and avoid costly mistakes.

Read More »
Uncategorized
Asher Kok

Can Your Land Title Be Forged?

Over the past few decades, we have seen numerous cases reported on land scams and fraudulent land dealings. Cases often involve the use of a forged issue document of title (“IDT”), forged sale and purchase agreements and other legal instruments, collusion with land office staff, impersonation of land owners etc. Land scams involving forged or fraudulent land titles continue to arise and unaware land owners continue to fall victim.

Read More »
Uncategorized
Asher Kok

Crucial Terms in an Employment Contract

A well-drafted employment contract is essential for managing legal risk and ensuring compliance with Malaysian employment laws. This article outlines the crucial terms every employment contract should include, such as job scope, remuneration, working hours, leave entitlements, confidentiality, termination, and post-employment restraints. Malaysian employers are encouraged to review their employment contracts carefully to minimise disputes and align with the Employment Act 1955.

Read More »

Non-Mutual Divorce: Single Petition Divorce Explained

A non-mutual divorce, also known as a single petition divorce, arises when only one spouse initiates proceedings to dissolve the marriage without the agreement of the other. Unlike a joint petition, this process can be more complex, as the petitioner must establish legally recognised grounds for divorce and satisfy the court that the marriage has irretrievably broken down. In Malaysia, the court will also consider factors such as the conduct of both parties and the welfare of any children before granting a decree. Understanding how a single petition divorce works can help you prepare for the legal requirements, potential challenges, and the rights you may need to protect throughout the process.

Read More »

Mutual Divorce By Joint Petition: An Overview

When a marriage has irretrievably broken down and parties mutually consent to a divorce, they may file a joint petition for mutual divorce. A joint petition saves time, cost, and avoids lengthy disputes in court.

Read More »

What Are Suspicious Circumstances Surrounding The Making Of A Will

One common reason which gives rise to disputes in propounding a will is where there are suspicious circumstances surrounding the making of said will. Where suspicious circumstances are present, they must be removed to the satisfaction of the court before the court can allow the will to be probated.

Read More »

How to Transfer Property in Malaysia: A Step-by-Step Legal Guide

Transferring property in Malaysia involves a series of legal steps that require proper documentation, professional guidance, and compliance with the National Land Code. Whether you’re gifting property to a loved one or transferring ownership as part of a sale, understanding the process is crucial. At Chan & Chia, your trusted Seremban Conveyancing Law Firm we ensure smooth and secure property transfers tailored to your specific needs.

Read More »

Buying Property in Malaysia: 7 Legal Mistakes to Avoid

Purchasing property is one of the most significant financial decisions most Malaysians will ever make. Whether you’re buying your first home, growing your business, or investing in real estate, it’s crucial to ensure that the transaction is legally sound. At Chan & Chia, we are experienced in conveyancing and property matters, we’ve seen how costly legal mistakes can derail what should be a smooth process.

Read More »

What is Contentious and Non-Contentious Probate?

Probate is the legal process of validating a person’s will, crucial for establishing the executor’s authority to execute the deceased’s intentions. The procedure involves filing an application for a grant of probate in the High Court, with subsequent hearings to determine the will’s validity, and can be either non-contentious or contentious, depending on the presence of disputes.

Read More »