Malaysia legislation

Section 78

of Merchant Shipping Ordinance 1960

Section 78

(1)

Where a deceased seaman or apprentice belonging to a ship to which section 72

refers has left a will, the Superintendent may refuse to pay or deliver any residue as provided in section 77 –

(a)

if the will was made on board ship, to any person claiming under the will, unless the will is in writing, and is signed or acknowledged by the testator in the presence of, and is attested by, the master or first mate of the ship;

and

(b)

if the will was not made on board ship, to any person claiming under the will, and not being related to the testator by blood or marriage, unless the will is in writing and signed or acknowledged by the testator in the presence of, and is attested by, two witnesses, one of whom is the Superintendent, or a person holding a similar office or is a minister of religion officiating in the place in which the will is made, or, where there are no such persons, a

Magistrate, a British consular officer, or an officer of customs.

(2)

Whenever the Superintendent refuses under this section to pay or deliver the residue to a person claiming under a will, the residue shall be dealt with as if no will had been made.

Claims by creditors.

Section 78 — Merchant Shipping Ordinance 1960 | mylaw.my