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HI,
I am a resident in Singapore with a Malaysian Passport. My elder brother want to serve a writ of summon on me with regards to some family matters. He has tried to send via DHL but we were not in.
In a previous case, he came down personally to Spore to serve the writ.
I was inform that he cannot serve a writ without permission from the court if I am not in Malaysia.
Is This Correct?
The writ is about assets belonging to my Mom (still very much in good health), where there is a written agreement that the children will assist Mom (she also sign on the agreement) to put all her assets into
“Ah Kong”.
This was not carried out as Mom is still very much alive, healthy n sane.
My elder brother, not being able to lay his hand on the asset now claim that the assets should be place in a Public Trust for Charity.
Mom is now fighting the case but I am name on the Summons as I was one of the signatory.
A response will be much appreciated.
Thanks.
Irene
Dear Irene
Q1 I was inform that he cannot serve a writ without permission from the court if I am not in Malaysia.
Is This Correct?
A Yes
With respect to the second part of your question, it is our suggestion that you seek the assistance of a solicitors, although he cannot ‘bring’ the Writ to you personally, it can be easily done ‘properly’. Once the Writ is deemed served a judgment may be entered in default of your appearance. Please visit the link below.
http://alexchanglaw.com/index.php/court-procedures-receive-malaysian-writ-summons/
We feel that you have a fairly good case from your description of the state of health of your mother.
Hope it helps.
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Best Regards
Alex
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