Miichael Yeoh

Tag: PropertyLawMalaysia

  • Inheritance Law and Joint Ownership Explained

    Inheritance Law and Joint Ownership Explained

    Written by Jocelline Chee from Rightwill | Edited by Miichael Yeoh

    When it comes to inheritance, things can get complicated—and emotional—especially when property is involved. In Malaysia, many people assume that putting property under joint names (like with a spouse or child) will make things smoother when someone passes away. Unfortunately, it’s not always that simple.

    If you’re planning to leave a property behind for your loved ones, it’s important to understand how inheritance laws work in Malaysia and the potential problems that can pop up with joint ownership.

    🏛️ How Inheritance Works in Malaysia

    Inheritance laws in Malaysia depend on your religion:

    • For Muslims, faraid (Islamic inheritance law) applies. It has fixed rules on how the estate is divided among family members.
    • For non-Muslims, the Distribution Act 1958 (amended in 1997) applies. This Act lays out who gets what—based on whether the deceased leaves behind a spouse, children, or parents.

    If someone dies without a will, the law decides how the assets are shared. That’s why it’s so important to have a valid will—it ensures your wishes are followed.

    Example under the Distribution Act:

    If the deceased leaves behind…Parent(s) getSpouse getsChildren get
    Parents, spouse & children1/41/41/2

    🏠 Joint Name Properties – Not As Simple As You Think

    Many Malaysians put properties under joint names thinking it will automatically go to the other person when they pass away. But that’s not always true.

    There are two main types of joint ownership in property law:

    1. Joint Tenancy
      • Comes with the right of survivorship.
      • If one owner dies, the property automatically goes to the surviving owner.
      • This is common among married couples.
    2. Tenancy in Common
      • Each person owns a specific share.
      • When one dies, their share becomes part of their estate and is distributed according to their will or the law.
      • This is more common in Malaysia, even when it’s between family members.

    Here’s the catch: Most joint name properties in Malaysia are actually treated as tenancy in common, unless stated otherwise. That means—even if your name is on the title—the other person’s share doesn’t automatically go to you. It becomes part of their estate and is shared out according to their will or inheritance laws.

    ⚠️ Common Pitfalls to Watch Out For

    1. Unclear Ownership Type
      If it’s not clearly stated whether it’s joint tenancy or tenancy in common, it can lead to confusion—and disputes.
    2. Unequal Contributions
      One person may have paid more, but the property is split 50-50 on paper. This often leads to disagreements among family members.
    3. Family Conflicts
      Things can get messy with children from previous marriages, siblings, or estranged family members. Without clear planning, emotions can take over.
    4. Outdated or No Will
      A will that hasn’t been updated—or worse, no will at all—can cause contradictions and legal battles during probate.

    ✅ What You Should Do

    To protect your assets and your loved ones from future disputes:

    • ✅ Talk to a professional estate planner or lawyer
    • ✅ Make sure your will is valid, updated, and matches your current ownership structure
    • ✅ Clearly state the type of joint ownership on your property documents
    • ✅ Keep your family informed, so there are no surprises later

    Joint ownership may seem like the easy way, but without proper planning, it can create unnecessary complications. A little preparation now can give your family peace of mind in the future.

  • Why Every Condo Owner Must Pay Maintenance Fees

    Why Every Condo Owner Must Pay Maintenance Fees

    By Ken Teo | Edited by Miichael Yeoh

    Let’s Start with This: You’re Not Just Buying a Unit — You’re Buying Into a Community

    When you own a condo, apartment, or any kind of strata property, you’re not just buying four walls. You’re also sharing ownership of everything outside your unit — the lifts, the corridors, the lobby, the pool, the roof, the water tank, the whole building.

    That’s why every owner needs to pay maintenance fees and contribute to the sinking fund. It’s not a donation. It’s not optional. It’s your duty as a co-owner.

    Let’s break it down in plain language…

    1. These Are Not “Extra Charges” — They’re Your Legal Responsibility

    Under Malaysia’s Strata Management Act 2013 (Act 757):

    • Section 25(1) (for Joint Management Body or JMB), and
    • Section 50(1) (for Management Corporation or MC),

    …it clearly says: every unit owner must pay maintenance charges and sinking fund contributions.

    These are not surprise charges or “admin fees.” They’re meant to cover your share of keeping the building clean, safe, and in working condition. It’s the same as chipping in for house bills when you live with housemates — it’s only fair.

    2. “If Others Don’t Pay, Why Should I?”

    This is a common complaint — and hey, we get it. Why should you be the good guy when others are skipping out?

    But think about this:

    • If no one pays, who’s going to fix the lift?
    • Who’s going to pay the cleaners or security guards?
    • How will the broken tiles or leaking roof ever get fixed?

    When people stop paying, the whole building suffers. And soon, even those who were paying start asking: “Why should I continue?” — and that’s when things spiral downhill.

    You don’t just live in your unit. You share ownership of the entire building. So if everyone pays their part, everyone enjoys a better home.

    3. What Happens If You Don’t Pay?

    The law doesn’t just suggest — it enforces. If you don’t pay, the JMB or MC has the right to take action under Section 60(3) of the Strata Management Act.

    Here’s what they can legally do:

    • Send you demand letters
    • File a claim with the Strata Tribunal or even in court
    • Charge up to 10% interest per year on overdue amounts
    • Block your access to facilities (like pool, gym, function room), with proper notice

    So it’s not just about being fair to others — not paying could cost you more later, both in fees and reputation. And your outstanding dues? They’ll follow your unit, even if you try to sell.

    4. Think of It as an Investment — Not a Burden

    No one enjoys paying bills, we know that. But your maintenance charges are not “just another bill.” They’re an investment in your own home.

    The money goes into:

    • Repairs and upkeep
    • Security and cleanliness
    • Ensuring your home is safe and comfortable
    • Keeping your property value high

    Ever seen a badly maintained condo? Low resale value, fewer buyers, and complaints all around. Compare that to a well-managed building — units there sell faster and at better prices.

    5. You Have the Right to Know Where the Money Goes

    Worried that your money is being misused? The good news is: you have rights.

    By law, the JMB or MC must:

    • Hold Annual General Meetings (AGM)
    • Present audited accounts and budgets
    • Use the sinking fund for long-term repairs like repainting, roofing, waterproofing, and lift upgrades

    As an owner, you can (and should):

    • Ask for financial reports
    • Question how funds are being spent
    • Vote during AGMs

    This is your money. And you deserve to know how it’s used.

    In Summary: Don’t Just Own a Unit — Own the Responsibility

    Paying your maintenance fees and sinking fund isn’t just about following the law. It’s about doing your part.

    You’re not a tenant anymore. You’re an owner. You have a stake in the building — and your actions affect everyone else too.

    So instead of thinking “Why me?” — let’s think “Why not us?”

    Let’s build communities, not just condominiums.
    Let’s protect our investments, not neglect them.
    Let’s be the kind of owners who care.

    Because a well-maintained building isn’t just a nicer place to live — it’s something you can be proud to call home.