I am happy for you to post this question on your blog.
I have a malaysian passport but have been living overseas for years. I am an Australian permanent resident and since I have no plans of moving back to Malaysia in the long term, I am considering becoming an Australian citizen. I am aware that Malaysia does not allow dual citizenship and I am happy to surrender my Malaysian citizenship.
However, my parents still in Malaysia and they have said that if I give up my malaysian citizenship, I would not be able to inherit their properties in their legal will.
Could you please clarify if this is true and where I can get more information about this?
I disregard the first issue of Malaysian Citizenship and the sender's choice to give it up.
As for the second issue, regarding the legal will of property my answer would be
- Any person can create or make his or her will as long as he/she is competent to do so. Section 3 of Malaysian Will Act, 1959 stated that: 'Except as hereinafter provided, every person of sound mind may devise, bequeath or dispose of by his will, executed in manner hereinafter required, all property which he owns or to which he is entitled either at law or in equity at the time of his death notwithstanding that he may have become entitled to the same subsequently to the execution of the will.'
- The subject matter of the will namely the property, shares, stock, business and so on could be from within Malaysia or even situated outside Malaysia.
- The beneficiary of the said will, i.e. the person named under the will to receive the property may be the citizen of Malaysia or elsewhere, there is actually no restriction under Malaysian Law regarding that.
- The only issue is that to execute the will when the time that the maker passed away, such beneficiary must have it done or process under Malaysian law, for example filing necessary court paper to obtain order of probet.
- Second issue is that registration of the property under a non-Malaysian citizen name could be further subject to other laws and current regulations.
- In conclusion, 'whether or not the sender will not be able to 'inherit' her parent's property under a legal will' is not entirely correct.
p/s what is the meaning of having able to 'inherit' your parent's property when you are actually not 'inheriting' their love and blessing?
Kamarul Irzuan bin Busu Piah, Advocate & Solicitor, High Court of Malaya, Malaysia.