ENACTMENT 4 MUSLIM WILLS (STATE OF MALACCA) ENACTMENT 2005
PROVISIONS RELATING TO THE BENEFICIARY
Section 22. Bequest to non-existing beneficiary.
(1) A will may be made to a non-existing beneficiary and to a group of a specific number of both existing and non-existing beneficiaries.
(2) Where any of the beneficiaries mentioned in subsection (1) does not exist at the time of the testator’s death, his heirs shall be entitled to the proceeds of the property or benefit thereof.
(3) Where there is only one person from a few beneficiaries existing at the time of the testator’s death or thereafter, the property shall be given to such existing person until remaining beneficiaries come forward, and from thereon, the property shall be divided among them and, if one of them dies, the deceased’s share shall be part of his estate.
(4) Where there is only one beneficiary, he shall be entitled to the entire property unless there is evidence to establish that the testator had intended to bequeath the property to a few beneficiaries, and in such circumstances, the existing beneficiary shall be given only his share and the remaining share shall be given to the other beneficiaries.
(5) Where a will is made in stages, at the time of the testator’s death, the bequest shall be given to the first group of recipients and so on until all properties have been exhausted and such bequest shall become part of the testator’s estate if the groups of recipients are not more in existence, unless there is evidence to establish that it has been bequeathed to other beneficiaries.