You are currently viewing What happens to Your Will after Death if Your Trustee is Convicted of A Crime and What are the Conditions

People often think convicts cannot inherit from the wills they are named beneficiaries of. However, that can be challenged as committing a crime can keep you from inheriting assets from the wills. 

More specifically is that if you are named as a beneficiary of someone’s will but commit a criminal act against the testator. By doing such, you are essentially keeping yourself from your potential inheritance in some circumstances. 

Certain instances may exclude you from inheriting your share of the assets. In order to be prevented from inheriting under the will, the beneficiary must be legitimately convicted of the crime. Beneficiary cannot simply be charged of a crime they did not commit. 

What happens to the convicted’s share of assets? 

If the beneficiary has committed a crime, then their portion of the assets will be treated as though they have died before the testator. In a lot of ways, their portion of the assets will be treated as interstacy assets, like they have passed away before being able to claim the assets as beneficiaries. 

That means, the convicted’s share of the assets will be passed on to their children or close family members. The convicted will be treated as though he is no longer around and the fact that only their children and immediate family members exist. 

If the convicted has no legal will in existence, then the assets will be distributed to their children and spouse according to the distribution act of Malaysia. If they have no spouse, then it will be transferred to their siblings instead. 

An executor will be appointed in place if no trustee is appointed within the convicted’s will. The executor will carry out the distribution of the assets on behalf of the convict. 

Can you challenge a will if you have a criminal past? 

You may try to challenge the will as a convicted beneficiary however things will be made extremely difficult for you. You may hire or consult a lawyer for such cases and it is important that you consult with a skilled and knowledgeable lawyer. You may be advised of your legal options about inheritance and criminal acts. 

If you need legal advice regarding inheritance and being a convicted criminal, feel free to reach out to us for further assistance. We will look into the different options that you have when it comes to being a convicted criminal and being named beneficiaries.