Creating a will to protect your girlfriend or concubine may not be at the top of your consideration for some people in Malaysia. However, it is no big secret that some people have a side chick on top of their wives.
Your wives may not necessarily know but they are part of your lives nonetheless. For some people, setting aside some of their assets for their girlfriends and concubines is a big thing. They do not wish to have their wives and girlfriends be left out of inheriting their share of the assets.
Note that in Malaysia, girlfriends, concubines, and mistresses don’t often have legal rights to your assets. Your immediate families and relatives have rights to your assets upon your death – but with conditions too depending on the situation. When you have passed away, oftentimes your assets with be distributed among your immediate family members. If you are not married your assets will be distributed to your nearest next-of-kin.
If you are one of these people who have a concubine or girlfriend, read on to find out why you should create a will to protect them – where applicable.
1. Concubines and girlfriends don’t have legal rights to your assets
Not in Malaysia anyway, in the very least. If you did not leave behind a will, then your assets will be distributed to your immediate family members – if you have any. If you are married and have kids, they will receive your assets. If you are not married and have kids, then your assets will be distributed among your parents and siblings – if you have any and if your parents survive you, that is.
It does not include your girlfriends and concubines. Sorry to break that to you. Your assets will be distributed as per the Distribution Act (1957) and you may read all of the details here.
2. Putting them in your wills nonetheless
You may include your girlfriends and concubines on your wills. As you include your girlfriends and concubines in your wills, you may have a no contest or no challenge clause included in it. However, do note that your immediate family members may contest those terms in your will for reasons that are their own.
They can have a myriad of reason to challenge your will. The most common reason being that they do not recognize your concubine or are just not in good terms with your girlfriend. Most times there are bad blood between the wife or family members and the concubine or girlfriend, hence challenging your will.
If you are a girlfriend or a concubine, be ready that most times the assets will not go to you despite being named a beneficiary in the will. The law is made to protect immediate family members and the deceased’s biological relatives.
3. Having a “no contest” clause included in your will
You can have a “no contest” or “no challenge” clause included in your will where part of your assets will be given to your girlfriend or concubine. If there is no one else challenging the will, then yes the assets will go to the girlfriend or concubine. Note that if the will is not overturned with 6 months of distributing the assets, then your relatives will have very little to no chance of recovering the assets.
Note that as soon as the will is granted at the grant of probate, there is certain risk to it. The beneficiary who is the girlfriend or concubine may have spent on the assets when they have received it.
When they have spent on the assets, it will be difficult to recover those assets. Consider the legality and the costliness of the logistics of this matter. If you are a wife or a parent slighted by the concubine or girlfriend, how far are you willing to make their life as difficult as possible? Are you ready to spend all the energy and money to get the assets back and make their life hell?
4. Preventing your family from challenging your will
You can try to prevent your family from challenging your will. Your family members may believe that your concubine or girlfriend has influenced your decision in including them, hence challenging your will.
You will need to provide proof that your girlfriend or concubine has no fiduciary relationship with you. Fiduciary relationship means you have a beneficial relationship with another person. In this case, it often includes having a love child between you and the concubine or girlfriend. That love child may benefit from your will and get part of your assets in this situation.
Bottom Line
Make wise decisions when it comes to including your girlfriends and concubines the beneficiaries to your wills. It is not to say they do not deserve your assets nor your protection. However, if your family members do not agree to you having a concubine or your girlfriend, then you will face a rocky future.
If you need help with protecting your concubine or girlfriend, talk to us about having a will today. We are more than happy to help you with preparing your will.
