ENACTMENT 4 MUSLIM WILLS (STATE OF MALACCA) ENACTMENT 2005
OBLIGATORY WILL
Section 27. Bequest to grandchildren.
(1) Where a person dies without making any will to his grandchildren through his son who has predeceased him or dies with him at the same time, then his grandchildren shall be entitled to the will of one-third of his estate and, if such grandchildren is given less than one-third, his share shall be executed in accordance with the provisions of the obligatory will provided for under this section.
(2) The obligatory will for grandchildren shall be to the extent of their father’s share in the estate of his deceased grandfather, presuming that the father died after the death of the grandfather:
Provided that the will shall not exceed one-third of the deceased’s estate.
(3) The grandchildren shall not be entitled to the bequest if they had inherited from their grandfather or grandmother, as the case may be, or if the grandfather or grandmother had, during his or her life time and without having received any consideration, made a will to them or given them a property equivalent to what they would have been entitled to according to the obligatory will:
Provided that if the will is less than what they would have been entitled, it shall be increased accordingly and, if it was more, the excess shall be treated as voluntary will which is subject to the consent of the heirs.