Article on The Nominee’s Position in Bangladesh and Malaysia

Begum Asma Siddiqua & Ahmad Hidayat Buang published an Article entitled, The Nominee’s Position in Bangladesh and Malaysia, Wills, Trusts, & Estates Law eJournal (2018). Provided below is an abstract of the Article:

In Bangladesh society there is a myth that a nominee is allowed to receive the deceased estate for his or her sole enjoyment, whereas in Malaysia, the notion of the nominee is normally seen as being against Islamic law. When controversy arises at the local level in Bangladesh it is usually disregarded, without need for further interpretation. In Malaysia, however, disputes on matters of nomination are mainly related to its permissibility under Islamic law. The authors examine the position of nominee in Bangladesh and Malaysia comparatively, finding that in Bangladesh challenging the position of the nominee in a court of law can be fruitful, whereas in Malaysia nomination could alleviate the unnecessary process of estate distribution, especially among Muslims. The conclusion is that the issues pertaining to the position of nomination in Bangladesh and Malaysia differ significantly, due to legislation and other social factors such as literacy, education and economic status, even though both jurisdictions share English common law traditions.