Tan, Tan & Associates

Tan, Tan & Associates law firm and lawyers

Can a company director also be a “workman”?The answer does not depend on the job title alone.A person may hold two separ...
01/09/2026

Can a company director also be a “workman”?

The answer does not depend on the job title alone.

A person may hold two separate roles—as a company director and as an employee working under a contract of service.

The Court will examine the real working relationship, including:

* The duties actually performed
* The level of control over the work
* The payment arrangements
* How the parties conducted themselves

A written contract, salary record, EPF or SOCSO contribution may be relevant—but no single factor is always conclusive.

The key question is: What was the true nature of the relationship?

Swipe to learn the principles explained by the Federal Court.

Lawyers in general. So don’t ask us for a pen. Ask us why we were so angry. You’ll get a full 10 minutes of illustration...
30/08/2026

Lawyers in general. So don’t ask us for a pen. Ask us why we were so angry. You’ll get a full 10 minutes of illustrations and descriptions like how your lecturers.

Can serving a court order on 14 banks amount to defamation?In Lim Koo Tiek v Tan Bak Lee [2026] CLJU 2299, a lawyer coun...
27/08/2026

Can serving a court order on 14 banks amount to defamation?

In Lim Koo Tiek v Tan Bak Lee [2026] CLJU 2299, a lawyer counterclaimed for libel after a Mareva Injunction against him was served on 14 banks. The High Court awarded him RM330,000 in damages.

However, the Court of Appeal set aside the finding of libel.

The Court held that lawful service of a valid and enforceable court order on third parties does not, by itself, amount to libel.

The decision also reminds us that:

* A writ action should not ordinarily be determined through a “trial by affidavits”; and
* A cross-claim must be closely connected to the original claim before it may constitute an equitable set-off.

Swipe through for the facts, issues and key findings.

This post is for general information only and does not constitute legal advice.

Bought a strata property at a court auction — but can you be forced to pay the previous owner’s maintenance arrears?In P...
25/08/2026

Bought a strata property at a court auction — but can you be forced to pay the previous owner’s maintenance arrears?

In Perbadanan Pengurusan Megan Avenue 1 v Harjinder Singh a/l Kuldip Singh, the High Court of Kuala Lumpur considered whether a judicial auction purchaser is a “successor-in-title” under the Strata Management Act 2013.

The Court held that the purchaser was not a successor-in-title for the purpose of recovering the previous owner’s historical maintenance arrears.

Why?

Because a judicial auction is fundamentally different from a private sale. The purchaser does not acquire the property through a voluntary transaction with the previous owner. Title passes through a court-supervised process and by operation of law.

But that leads to a bigger question:

If the auction purchaser is not liable, and the previous owner is already insolvent, who ultimately bears the financial shortfall?

Should the arrears remain with the defaulting owner?

Should they be settled from the auction proceeds?

Or should the law provide a clearer mechanism to protect both innocent bidders and responsible parcel owners?

What do you think is the fairest solution?

This decision is, of course, subject to any appeal by the parties.

She remembers… TTA 🥹
22/08/2026

She remembers… TTA 🥹

Your will is signed—but what happens next?Making a will is not the end of the journey. To make it truly useful, you shou...
20/08/2026

Your will is signed—but what happens next?

Making a will is not the end of the journey. To make it truly useful, you should also think about safe storage, regular review, proper replacement of old wills, and whether DIY is really suitable for your situation.

In Part 5, we cover:
✅ Where to keep the original will
✅ Why you should review it after major life changes
✅ How to properly replace an old will
✅ When DIY will-writing may not be enough
✅ A final checklist to help you stay on track

A well-prepared will is not just about signing a document—it’s about making sure your wishes remain clear, valid and workable when the time comes.

📌 Save this post as your final will-writing checklist.

💬 Which part of this 5-part series helped you most?

Follow for more practical legal education, future will-writing tips, and our next easy-to-follow series.

I signed my will alone. Is it still valid?Writing down your wishes is only part of the process. The way your will is sig...
18/08/2026

I signed my will alone. Is it still valid?

Writing down your wishes is only part of the process. The way your will is signed and witnessed matters too.

For an ordinary will under Malaysia’s Wills Act 1959, the signing ceremony generally requires two witnesses to be present together. Those witnesses should be independent and should not be beneficiaries—or married to beneficiaries—as this may affect the gift made to them.

In Part 4, we cover:
✅ The core signing formalities
✅ How to choose suitable witnesses
✅ A safer signing ceremony
✅ Mistakes to avoid after signing
✅ Why last-minute handwritten changes can cause problems

A simple signing mistake may create uncertainty later, so take the formalities seriously and seek legal advice when needed.

📌 Save this post before signing your will.

💬 Did you know that beneficiaries should generally stay away from witnessing?
Follow for Part 5: I have a will—what happens next? We’ll cover storage, review, revocation and when a DIY will may not be enough.

Does the executor receive all the money? Not necessarily.An executor manages and administers the estate according to the...
14/08/2026

Does the executor receive all the money? Not necessarily.

An executor manages and administers the estate according to the will, while a beneficiary receives a gift from the estate. The same person may sometimes be both—but the responsibilities are different.

Choosing an executor is an important decision. Consider someone who is trustworthy, organised, willing to act, comfortable with paperwork and able to remain calm and fair. It is also wise to name a substitute executor in case your first choice cannot act.

For more complex estates, family disagreements, businesses, foreign assets or situations involving minor children, professional guidance may be helpful.

📌 Save this post for your estate-planning checklist.

💬 Who would you trust to carry out your wishes?
Follow for Part 4: Can I sign my will at home—and can my beneficiary be my witness?

“I leave everything to my family.” Sounds clear—but is it?A will should leave as little room for guessing as possible. C...
11/08/2026

“I leave everything to my family.” Sounds clear—but is it?

A will should leave as little room for guessing as possible. Clearly identifying your assets, beneficiaries and intended shares can help your executor carry out your wishes more smoothly.

In Part 2, we cover:
✅ Preparing a private asset inventory
✅ Keeping passwords and sensitive details outside the will
✅ Identifying beneficiaries properly
✅ Understanding specific gifts and the residuary estate
✅ Reviewing nominations and substitute beneficiaries

A clearer will today can mean less uncertainty for your loved ones tomorrow.

📌 Save this post as a reference and share it with someone who may find it useful.
Follow for Part 3: Who should carry out your instructions—and should that person also receive something?

Do I really need a will if I’m not rich?A will is not only for people with large estates. It helps you decide who should...
06/08/2026

Do I really need a will if I’m not rich?

A will is not only for people with large estates. It helps you decide who should manage your estate, who should receive your assets, and how everything should be handled after your passing.

Without a valid will, your estate may be distributed according to the law—not necessarily according to your personal wishes or family promises.

This series is for general legal education and mainly concerns non-Muslims in Peninsular Malaysia. Different rules may apply to Muslims, Sabah and Sarawak estates, overseas assets, or more complex family situations.

📌 Save this post for future reference.

➡️ Follow so you don’t miss Part 2: What exactly do I own—and what can I actually give away?

Address

N-1-12, Kuchai Business Park, Off Jalan Kuchai Lama, Kuchai Lama
Kuala Lumpur
58200

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Thursday 09:00 - 18:00
Friday 09:00 - 18:00

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+601156918231

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