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What Can You Do If Your Husband Refuses to Pay Maintenance?

1. Under what circumstances does it constitute “adultery”?

In simple terms, adultery refers to:
Two individuals engaging in consensual sexual relations, where at least one party is in an existing marriage.

The key elements are:
The relationship must be consensual
At least one party must be married

Precisely because “sexual relations” are inherently difficult for third parties to directly witness or record, adultery has always been particularly difficult to prove in law.

2. Are flirtatious chat records sufficient evidence of adultery?

Many people present:
WhatsApp / WeChat / Messenger chat logs
Intimate conversations, explicit wording, frequent communication

What Can You Do If Your Husband Refuses to Pay Maintenance? Read More »

Can There Be More Than One Estate Administrator!? How Does the Court Decide?

In Malaysia, it is commonly assumed that only one estate administrator can be appointed. However, this is not strictly the case. The court has the discretion to appoint more than one administrator depending on the circumstances of the estate.
How many administrators can the court appoint at most?

Generally, the court may appoint up to four (4) administrators to jointly manage a single estate. However, this is not a fixed rule, but rather a discretionary maximum depending on the complexity and needs of the case.

For example, if the deceased leaves behind six siblings, the question often arises as to how many may be appointed. The answer is that up to four may be appointed, but whether this is necessary depends on practicality.

Can There Be More Than One Estate Administrator!? How Does the Court Decide? Read More »

Must the Estate Administrator Be a Family Member?

In estate disputes, the purpose of appointing an interim administrator is to stabilise assets, preserve the status quo, and prevent misuse. In practice, courts may appoint a third party rather than family members when it is deemed that entrusting management to family members is no longer safe or feasible.
Why does the court appoint a third-party interim administrator?

Although it may be assumed that family members should naturally take charge, in practice the court may prefer a neutral third party (such as Amanah Raya Berhad) in situations

Must the Estate Administrator Be a Family Member? Read More »

Can You Collect Rental Income Privately Before Being Appointed as an Estate Administrator?

In some intestate estate disputes, it is common for one party to act unilaterally before any administrator is formally appointed, for example by collecting rental income from tenants belonging to the estate. In principle, without lawful authority (such as being appointed executor or administrator, or obtaining a court order), any unilateral collection or handling of estate assets may raise serious legal issues and may be regarded as improper dealing with estate property.

In such situations, the priority is not confrontation, but to promptly “secure” the estate to prevent further loss.
Possible action: applying for an interim administrator

A commonly used legal approach is to apply to the court for the appointment of a temporary/interim administrator.

Can You Collect Rental Income Privately Before Being Appointed as an Estate Administrator? Read More »

If You Appoint Amanah Raya as a Temporary Estate Administrator, Will the Fees Be Lower?

In many estate disputes, what causes the process to stall is not “how to divide the estate”, but “who should manage it”. When family members do not trust each other or cannot reach agreement, and multiple parties insist on being appointed, the court may, in certain circumstances, prefer appointing a neutral third party as an interim administrator to ensure the estate administration process continues.

If You Appoint Amanah Raya as a Temporary Estate Administrator, Will the Fees Be Lower? Read More »

What to do if siblings can’t agree on the division of inheritance?

In estate administration cases, one of the most common and conflict-prone issues is: who should be responsible for managing the estate. This becomes especially sensitive when the deceased left behind substantial assets such as multiple properties, bank savings, investments, or other forms of wealth. In such situations, it is not uncommon for family members to dispute the appointment of an administrator, and in some cases, two or more parties may insist on being appointed, causing the process to stall.

What to do if siblings can’t agree on the division of inheritance? Read More »

In Malaysian Law, If the Other Party Has No Evidence = Do I Automatically Win? Part 2

Many people ask: if the opposing party allegedly has evidence but chooses not to produce it in court, is there any legal principle addressing this situation in Malaysia?

It must be stated carefully:

This does not mean that failure to produce evidence automatically benefits one party or harms the other.
Ultimately, the court evaluates the evidence as a whole.

However, Malaysian law does recognise an important principle relevant to such situations.

Section 114(g) of the Evidence Act: Adverse inference

Under Section 114(g) of the Evidence Act 1950, the court may, in appropriate circumstances, draw an adverse inference, meaning:

If a party has control over evidence which could reasonably be produced, but chooses not to produce it, the court may infer that:

If such evidence had been produced, it would likely be unfavourable to that party’s case.

In Malaysian Law, If the Other Party Has No Evidence = Do I Automatically Win? Part 2 Read More »

In Malaysian Law, If the Other Party Has No Evidence = Do I Automatically Win? Part 1

To make this case easier to understand, it is helpful to break down the facts in a clearer, structured way.
Our client was one of the contractors in the project, responsible for a specific portion of the works. The dispute ultimately revolved around two main issues: whether the works were completed on time and whether the quality met the required standard.

Our Position: Completed on Time, Therefore Final Payment Is Due

Our position was:

The client completed the assigned works within the timeframe given by the other party;
Since the works were completed in accordance with the agreement, we are entitled to recover the outstanding balance (final payment).

In essence, this is a typical dispute of: “the work was completed, but the final payment was not made.”

The Opposing Party’s Position: Delay + Defects → Refusal to Pay and Counterclaim

In Malaysian Law, If the Other Party Has No Evidence = Do I Automatically Win? Part 1 Read More »

What Kind of Evidence Can Prove That a Third Party Has Made Payment? Part 2

Further Clarification: Why the Evidence Was Still Insufficient

The opposing party’s evidence consisted mainly of:
Bank payment vouchers / payment proof
Quotations
Transfer records

While these may appear sufficient on the surface, the issue is that they do not clearly establish that the costs were incurred for “this specific rectification project.”

1)Payment does not equal proof of purpose
The key is not whether payment was made, but:
To whom was it paid?
For what work?
Was it for rectifying the disputed defects?
Was the amount consistent and reasonable?

What Kind of Evidence Can Prove That a Third Party Has Made Payment? Part 2 Read More »

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