Driven by my passion for legal research, I have dedicated myself to explore and analyse various legal issues across different areas of law. This commitment has led me to compile and organize my research into a comprehensive body of work, which I have made accessible on a public platform. Through my website, I aim to share valuable insights on legal matters with a broader audience, contributing to ongoing discussions on diverse and interesting legal topics while leaving a lasting impact in the legal community.
Personal representative of the deceased's estate, i.e. executors and administrators are entrusted... more Personal representative of the deceased's estate, i.e. executors and administrators are entrusted with the responsibility of managing and distributing deceased estate, either according to a valid will or under an intestate succession law. This Article explores the practical and legal aspects of estate distribution under succession law in Malaysia by executors and administrators. Ultimately, it aims to equip executors and administrators with the knowledge to fulfil their legal obligations while minimizing disputes and delays in the process of managing and distributing deceased's estate.
Disputes over wills are common in Malaysia, particularly when the validity of a will was challeng... more Disputes over wills are common in Malaysia, particularly when the validity of a will was challenged. These disputes often lead to lengthy and costly court proceedings, putting the parties' relationships and financial legacies at risk. Therefore, it is crucial to understand the basics legal requirements and formalities involved in creating a valid will to ensure the testator's wishes are honoured and to avoid disputes and complications in estate distribution.
This Article aims to provide an overview of the fundamental principles of will drafting in Malaysia, including the necessary formalities for a legally enforceable will. By shedding light on the key elements of a valid will, this Article seeks to equip individuals with the knowledge to safeguard their assets and minimize the potential for family disputes.
In Malaysia, adjudication proceeding is widely applied in disputes arise from construction contra... more In Malaysia, adjudication proceeding is widely applied in disputes arise from construction contracts i.e. under the Construction Industry Payment and Adjudication Act 2012 1 (hereinafter referred to as "CIPAA"). This Article will provide the readers with the basic understanding of the adjudication proceeding and, the issue arises from payment of Advance Security Deposit by cheque in the adjudication proceeding.
Throughout these years, foreigner investors and businessman are much welcomed by the Malaysia gov... more Throughout these years, foreigner investors and businessman are much welcomed by the Malaysia government to invest and/or set up business in Malaysia in facilitating Malaysia an access to international markets. The question one would ask would be :- What a foreigner should do in the event he wish to expand his business in Malaysia and/or enter into new market globally ? This Article is aimed to reward the readers with a basic understanding on setting up business in Malaysia by gathering the information available.
Upon obtaining judgment, the judgment creditor is at liberty to execute the judgment by demanding... more Upon obtaining judgment, the judgment creditor is at liberty to execute the judgment by demanding the judgment sum from the judgment debtor. It is trite law that a successful litigant should not be deprived of the fruits of a judgment obtained in his favour, unless there are special circumstances (or special grounds) that justify a stay of execution to be granted. 1 However, the judgment debtor might not want such judgment to be enforced yet as they wish to appeal the judgment to a higher court in whole or in part. As such, the party will have to apply to Court for a stay of execution pending appeal. As we all know, the issue of stay of execution is solely under the discretion of the Court. So, under what circumstances will the Court allow such application ? What is the development so far for the stay of execution pending appeal in Malaysia ? This Article is aimed to reward the readers with a basic understanding of the topic of stay of execution pending appeal and its development.
The economy of the world has been tremendously affected throughout this Covid-19 pandemic. Compan... more The economy of the world has been tremendously affected throughout this Covid-19 pandemic. Companies were finding their way in engaging business to elevate the profit margins. Recently, fraudulent misrepresentation has brought to the attention of the public due to contractual disputes arises between parties especially in regards to the sale of goods of COVID-19 related product eg. Personal Protective Equipment (PPE) or medical equipment during this Covid-19 pandemic as such equipment has become a necessity during the pandemic. However, some people took this advantage to commit fraud that causing chaos within the industry. This Article aimed to focus on the fraudulent misrepresentation that arises in contractual disputes between companies hoping to rewards the readers to have a basic understanding of fraudulent misrepresentation.
The issue of child custody has always been a crucial matter to be determined especially in a divo... more The issue of child custody has always been a crucial matter to be determined especially in a divorce petition either unilateral divorce or mutual divorce. The Court in granting the divorce will go indepth on custody of the infant child. There is no strict sense of so-called "Child Custody Law" in Malaysia as compared to the United Kingdom. However, two main statutes have governed issues related to child custody in Malaysia ie. Law Reform (Marriage and Divorce) Act 1976 (hereinafter referred to as "the LRA") and Guardianship of Infant Act 1961 (hereinafter referred to as "the GIA"). This Article is aimed to give a basic understanding of the child custody issues in Malaysia, specifically relatives or foster parents who wish to obtain child custody over their birth parents.
Real Property Gains Tax Act 1976 (hereinafter referred to as “the RPGT Act”) has been gazzated on... more Real Property Gains Tax Act 1976 (hereinafter referred to as “the RPGT Act”) has been gazzated on 25 March 1976 and come to its enforcement in Malaysia. The purpose of the RPGT Act is to provide the Inland Revenue Board with the relevant guidelines on the imposition, assessment and collection of a tax on gains (hereinafter referred to as “the RPGT”) derived from the sale and purchase or disposal and acquisition of immovable properties in Malaysia. While for this Article, the Stamp Act 1949 (hereinafter referred to as “the Stamp Act”) governed payment of stamp duty in relates to the acquisition of properties in Malaysia. Under both the Stamp Act and the RPGT Act, taxes will be imposed for selling/disposing of properties in Malaysia.
This Article aimed to focus on the RPGT and stamp duty that arises in acquiring property in Malaysia either by Malaysian citizens and/or foreigners by way of Sale and Purchase Agreement, Deed of Gift or inheritance by Will hoping to reward the readers to have a basic understanding of the said issues.
In Malaysia, the Creditor may execute the court judgment via Garnishee proceeding after he has ob... more In Malaysia, the Creditor may execute the court judgment via Garnishee proceeding after he has obtained a court judgment against a Debtor and the Debtor has refused to comply with the court judgment despite being repeatedly demanded. In simpler terms, the Garnishee proceeding is an enforcement method available for Creditor to recover debts from a third party within the Court's jurisdiction. As compared to other judgment execution options available in Malaysia, Garnishee proceeding is a simple, speedy and useful way of executing judgment. This Article aimed to reward the readers with some basic and brief understanding in regards to execution of judgment in Malaysia, particularly the Garnishee Order.
The economy of the world has been tremendously affected throughout this Covid-19 pandemic. Compan... more The economy of the world has been tremendously affected throughout this Covid-19 pandemic. Companies were finding their way in engaging business to elevate the profit margins. Recently, fraudulent misrepresentation has brought to the attention of the public due to contractual disputes arises between parties especially in regards to the sale of goods of COVID-19 related product eg. Personal Protective Equipment (PPE) or medical equipment during this Covid-19 pandemic as such equipment has become a necessity during the pandemic. However, some people took this advantage to commit fraud that causing chaos within the industry. This Article aimed to focus on the fraudulent misrepresentation that arises in contractual disputes between companies hoping to rewards the readers to have a basic understanding of fraudulent misrepresentation.
Money Laundering is no longer a far-fetched issue in Malaysia; In fact, it has always been a thre... more Money Laundering is no longer a far-fetched issue in Malaysia; In fact, it has always been a threat to this country, especially in this globalization era. Anti-Money Laundering, Anti-Terrorism Financing and Proceeds of Unlawful Activities Act 2001 (“AMLA 2001”) was gazetted on 5th July 2001 and enforced on 15th January 2002. AMLA 2001 targeted those offences on Money Laundering and Terrorism Financing or any offences related to both. It provides measures for the prevention of such offences. The coverage of AMLA 2001 is wide enough to include offences committed before the commencement of the AMLA 2001 and it also applies to properties situated in or outside Malaysia.
This Article aimed to focus on few Sections in the AMLA 2001 in regards to issues that arise from Freezing Order and Seizure Order in Money Laundering offences hoping to reward the readers to have a basic understanding of the said issues, albeit only at the tip of the iceberg.
Personal representative of the deceased's estate, i.e. executors and administrators are entrusted... more Personal representative of the deceased's estate, i.e. executors and administrators are entrusted with the responsibility of managing and distributing deceased estate, either according to a valid will or under an intestate succession law. This Article explores the practical and legal aspects of estate distribution under succession law in Malaysia by executors and administrators. Ultimately, it aims to equip executors and administrators with the knowledge to fulfil their legal obligations while minimizing disputes and delays in the process of managing and distributing deceased's estate.
Disputes over wills are common in Malaysia, particularly when the validity of a will was challeng... more Disputes over wills are common in Malaysia, particularly when the validity of a will was challenged. These disputes often lead to lengthy and costly court proceedings, putting the parties' relationships and financial legacies at risk. Therefore, it is crucial to understand the basics legal requirements and formalities involved in creating a valid will to ensure the testator's wishes are honoured and to avoid disputes and complications in estate distribution.
This Article aims to provide an overview of the fundamental principles of will drafting in Malaysia, including the necessary formalities for a legally enforceable will. By shedding light on the key elements of a valid will, this Article seeks to equip individuals with the knowledge to safeguard their assets and minimize the potential for family disputes.
In Malaysia, adjudication proceeding is widely applied in disputes arise from construction contra... more In Malaysia, adjudication proceeding is widely applied in disputes arise from construction contracts i.e. under the Construction Industry Payment and Adjudication Act 2012 1 (hereinafter referred to as "CIPAA"). This Article will provide the readers with the basic understanding of the adjudication proceeding and, the issue arises from payment of Advance Security Deposit by cheque in the adjudication proceeding.
Throughout these years, foreigner investors and businessman are much welcomed by the Malaysia gov... more Throughout these years, foreigner investors and businessman are much welcomed by the Malaysia government to invest and/or set up business in Malaysia in facilitating Malaysia an access to international markets. The question one would ask would be :- What a foreigner should do in the event he wish to expand his business in Malaysia and/or enter into new market globally ? This Article is aimed to reward the readers with a basic understanding on setting up business in Malaysia by gathering the information available.
Upon obtaining judgment, the judgment creditor is at liberty to execute the judgment by demanding... more Upon obtaining judgment, the judgment creditor is at liberty to execute the judgment by demanding the judgment sum from the judgment debtor. It is trite law that a successful litigant should not be deprived of the fruits of a judgment obtained in his favour, unless there are special circumstances (or special grounds) that justify a stay of execution to be granted. 1 However, the judgment debtor might not want such judgment to be enforced yet as they wish to appeal the judgment to a higher court in whole or in part. As such, the party will have to apply to Court for a stay of execution pending appeal. As we all know, the issue of stay of execution is solely under the discretion of the Court. So, under what circumstances will the Court allow such application ? What is the development so far for the stay of execution pending appeal in Malaysia ? This Article is aimed to reward the readers with a basic understanding of the topic of stay of execution pending appeal and its development.
The economy of the world has been tremendously affected throughout this Covid-19 pandemic. Compan... more The economy of the world has been tremendously affected throughout this Covid-19 pandemic. Companies were finding their way in engaging business to elevate the profit margins. Recently, fraudulent misrepresentation has brought to the attention of the public due to contractual disputes arises between parties especially in regards to the sale of goods of COVID-19 related product eg. Personal Protective Equipment (PPE) or medical equipment during this Covid-19 pandemic as such equipment has become a necessity during the pandemic. However, some people took this advantage to commit fraud that causing chaos within the industry. This Article aimed to focus on the fraudulent misrepresentation that arises in contractual disputes between companies hoping to rewards the readers to have a basic understanding of fraudulent misrepresentation.
The issue of child custody has always been a crucial matter to be determined especially in a divo... more The issue of child custody has always been a crucial matter to be determined especially in a divorce petition either unilateral divorce or mutual divorce. The Court in granting the divorce will go indepth on custody of the infant child. There is no strict sense of so-called "Child Custody Law" in Malaysia as compared to the United Kingdom. However, two main statutes have governed issues related to child custody in Malaysia ie. Law Reform (Marriage and Divorce) Act 1976 (hereinafter referred to as "the LRA") and Guardianship of Infant Act 1961 (hereinafter referred to as "the GIA"). This Article is aimed to give a basic understanding of the child custody issues in Malaysia, specifically relatives or foster parents who wish to obtain child custody over their birth parents.
Real Property Gains Tax Act 1976 (hereinafter referred to as “the RPGT Act”) has been gazzated on... more Real Property Gains Tax Act 1976 (hereinafter referred to as “the RPGT Act”) has been gazzated on 25 March 1976 and come to its enforcement in Malaysia. The purpose of the RPGT Act is to provide the Inland Revenue Board with the relevant guidelines on the imposition, assessment and collection of a tax on gains (hereinafter referred to as “the RPGT”) derived from the sale and purchase or disposal and acquisition of immovable properties in Malaysia. While for this Article, the Stamp Act 1949 (hereinafter referred to as “the Stamp Act”) governed payment of stamp duty in relates to the acquisition of properties in Malaysia. Under both the Stamp Act and the RPGT Act, taxes will be imposed for selling/disposing of properties in Malaysia.
This Article aimed to focus on the RPGT and stamp duty that arises in acquiring property in Malaysia either by Malaysian citizens and/or foreigners by way of Sale and Purchase Agreement, Deed of Gift or inheritance by Will hoping to reward the readers to have a basic understanding of the said issues.
In Malaysia, the Creditor may execute the court judgment via Garnishee proceeding after he has ob... more In Malaysia, the Creditor may execute the court judgment via Garnishee proceeding after he has obtained a court judgment against a Debtor and the Debtor has refused to comply with the court judgment despite being repeatedly demanded. In simpler terms, the Garnishee proceeding is an enforcement method available for Creditor to recover debts from a third party within the Court's jurisdiction. As compared to other judgment execution options available in Malaysia, Garnishee proceeding is a simple, speedy and useful way of executing judgment. This Article aimed to reward the readers with some basic and brief understanding in regards to execution of judgment in Malaysia, particularly the Garnishee Order.
The economy of the world has been tremendously affected throughout this Covid-19 pandemic. Compan... more The economy of the world has been tremendously affected throughout this Covid-19 pandemic. Companies were finding their way in engaging business to elevate the profit margins. Recently, fraudulent misrepresentation has brought to the attention of the public due to contractual disputes arises between parties especially in regards to the sale of goods of COVID-19 related product eg. Personal Protective Equipment (PPE) or medical equipment during this Covid-19 pandemic as such equipment has become a necessity during the pandemic. However, some people took this advantage to commit fraud that causing chaos within the industry. This Article aimed to focus on the fraudulent misrepresentation that arises in contractual disputes between companies hoping to rewards the readers to have a basic understanding of fraudulent misrepresentation.
Money Laundering is no longer a far-fetched issue in Malaysia; In fact, it has always been a thre... more Money Laundering is no longer a far-fetched issue in Malaysia; In fact, it has always been a threat to this country, especially in this globalization era. Anti-Money Laundering, Anti-Terrorism Financing and Proceeds of Unlawful Activities Act 2001 (“AMLA 2001”) was gazetted on 5th July 2001 and enforced on 15th January 2002. AMLA 2001 targeted those offences on Money Laundering and Terrorism Financing or any offences related to both. It provides measures for the prevention of such offences. The coverage of AMLA 2001 is wide enough to include offences committed before the commencement of the AMLA 2001 and it also applies to properties situated in or outside Malaysia.
This Article aimed to focus on few Sections in the AMLA 2001 in regards to issues that arise from Freezing Order and Seizure Order in Money Laundering offences hoping to reward the readers to have a basic understanding of the said issues, albeit only at the tip of the iceberg.
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Papers by Jo Yin Moy
This Article aims to provide an overview of the fundamental principles of will drafting in Malaysia, including the necessary formalities for a legally enforceable will. By shedding light on the key elements of a valid will, this Article seeks to equip individuals with the knowledge to safeguard their assets and minimize the potential for family disputes.
This Article aimed to focus on the RPGT and stamp duty that arises in acquiring property in Malaysia either by Malaysian citizens and/or foreigners by way of Sale and Purchase Agreement, Deed of Gift or
inheritance by Will hoping to reward the readers to have a basic understanding of the said issues.
This Article aimed to focus on few Sections in the AMLA 2001 in regards to issues that arise from Freezing Order and Seizure Order in Money Laundering offences hoping to reward the readers to have a basic understanding of the said issues, albeit only at the tip of the iceberg.
This Article aims to provide an overview of the fundamental principles of will drafting in Malaysia, including the necessary formalities for a legally enforceable will. By shedding light on the key elements of a valid will, this Article seeks to equip individuals with the knowledge to safeguard their assets and minimize the potential for family disputes.
This Article aimed to focus on the RPGT and stamp duty that arises in acquiring property in Malaysia either by Malaysian citizens and/or foreigners by way of Sale and Purchase Agreement, Deed of Gift or
inheritance by Will hoping to reward the readers to have a basic understanding of the said issues.
This Article aimed to focus on few Sections in the AMLA 2001 in regards to issues that arise from Freezing Order and Seizure Order in Money Laundering offences hoping to reward the readers to have a basic understanding of the said issues, albeit only at the tip of the iceberg.