ENACTMENT 4 MUSLIM WILLS (STATE OF MALACCA) ENACTMENT 2005
PROVISIONS RELATING TO THE BENEFICIARY
Section 24. Bequest to a particular unborn child.
(1) A will to an unborn child shall be valid in the following circumstances:
(a) if the testator makes an iqrar regarding the existence of the foetus at the time of making his will, then the child must be born alive within the recognizable period according to Hukum Syarak; and
(b) if the testator does not make any iqrar regarding the existence of foetus and the child is born alive within the recognizable period according to Hukum Syarak from the time of making his will, and if the pregnant woman is observing ‘iddah talaq raji’e or she is observing ‘iddah upon death of her husband or ‘iddah bain, then the child must be born alive within the recognizable period according to Hukum Syarak.
(2) Subject to subsection (1), a will may be made to an unborn child of another person if such unborn child is of the legitimate descendant child of that other person in accordance with Hukum Syarak.
(3) The property of the unborn child shall be administered by his guardian of property or executor, as the case may be, until he is born and thereafter such property shall be given to him when he is competent to receive it.