Affidavit Of Claim As The Legal Beneficiary for Malaysia

Affidavit Of Claim As The Legal Beneficiary Template for Malaysia

An Affidavit of Claim as the Legal Beneficiary is a formal sworn statement used in Malaysian jurisdiction to assert one's legal right to inherit from a deceased person's estate. This document, governed by Malaysian inheritance law including the Distribution Act 1958 and potentially Shariah law for Muslim inheritances, serves as a legally binding declaration that details the claimant's relationship to the deceased, the basis of their claim, and relevant estate information. It must be properly executed before a Commissioner for Oaths and requires supporting documentation to validate the claim, making it a crucial instrument in the probate and estate administration process.

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What is a Affidavit Of Claim As The Legal Beneficiary?

The Affidavit of Claim as the Legal Beneficiary is a fundamental document in Malaysian inheritance law proceedings, used when an individual needs to formally establish their right to inherit from a deceased person's estate. This document becomes necessary during probate proceedings or when dealing with various institutions that hold the deceased's assets. It must comply with both the Rules of Court 2012 for affidavit requirements and relevant inheritance laws, including the Distribution Act 1958 for non-Muslim inheritances or Shariah law for Muslim inheritances. The affidavit includes crucial information about the deponent's identity, their relationship to the deceased, the basis of their claim, and details about the estate. It serves as a primary piece of evidence in establishing beneficiary rights and facilitating the transfer of assets from the deceased's estate.

What sections should be included in a Affidavit Of Claim As The Legal Beneficiary?

1. Title and Jurisdiction: States the document type and the jurisdiction under which it is being filed

2. Deponent Details: Full legal name, identification number, occupation, and address of the person making the affidavit

3. Deceased's Details: Full particulars of the deceased person including name, last address, date of death, and death certificate details

4. Relationship Declaration: Clear statement of the relationship between the deponent and the deceased

5. Basis of Claim: Legal basis for claiming beneficiary status (e.g., will, intestate succession, or relevant laws)

6. Estate Details: Description of the estate's components and estimated value

7. Declaration of Right: Formal declaration of the deponent's right to claim as beneficiary

8. Other Beneficiaries: Statement regarding the existence or absence of other potential beneficiaries

9. Verification: Statement verifying all information provided is true and correct

10. Jurat: Formal closing including place and date of swearing/affirming the affidavit

What sections are optional to include in a Affidavit Of Claim As The Legal Beneficiary?

1. Islamic Law Declaration: Required when the deceased was Muslim, declaring application of Shariah law

2. Consent of Other Beneficiaries: Include when other beneficiaries have agreed to the claim

3. Previous Applications: Required if any previous applications or claims have been made regarding the estate

4. Guardian Details: Required when claiming on behalf of minor beneficiaries

5. Foreign Assets Declaration: Include when the estate includes assets located outside Malaysia

What schedules should be included in a Affidavit Of Claim As The Legal Beneficiary?

1. Identity Documents: Certified copies of deponent's identification documents

2. Death Certificate: Certified copy of the deceased's death certificate

3. Relationship Proof: Documents proving relationship (marriage certificate, birth certificate, etc.)

4. Will: Copy of the will if one exists

5. Estate Inventory: Detailed list of estate assets and their values

6. Supporting Declarations: Any statutory declarations from witnesses or other relevant parties

Authors

Alex Denne

Head of Growth (Open Source Law) @ Genie AI | 3 x UCL-Certified in Contract Law & Drafting | 4+ Years Managing 1M+ Legal Documents | Serial Founder & Legal AI Author

Jurisdiction

Malaysia

Publisher

Genie AI

Document Type

Affidavit

Cost

Free to use
Relevant Industries

Legal Services

Financial Services

Public Administration

Estate Management

Wealth Management

Banking

Insurance

Real Estate

Professional Services

Notary Services

Relevant Teams

Legal

Estate Administration

Wealth Management

Probate

Compliance

Document Processing

Client Services

Property Administration

Records Management

Advisory Services

Relevant Roles

Estate Lawyer

Probate Attorney

Legal Executive

Commissioner for Oaths

Estate Administrator

Probate Officer

Legal Secretary

Wealth Manager

Trust Officer

Estate Planning Specialist

Legal Assistant

Court Administrator

Property Manager

Compliance Officer

Industries
Teams

Employer, Employee, Start Date, Job Title, Department, Location, Probationary Period, Notice Period, Salary, Overtime, Vacation Pay, Statutory Holidays, Benefits, Bonus, Expenses, Working Hours, Rest Breaks,  Leaves of Absence, Confidentiality, Intellectual Property, Non-Solicitation, Non-Competition, Code of Conduct, Termination,  Severance Pay, Governing Law, Entire Agreemen

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