However, another Will made by the testatrix in 1961, was Held: By virtue of s 23 of the Civil Law Act, as the policy
validly made during a sane interval, and it did not assurance was effected by the assured of his own life and
contravene the Muslim Law and was admitted to expressed to be for the benefit of his wife, the moneys
probate. payable under the policy did not form part of the estate
of the deceased.
Wakafs
So it is lawful for a Muslim to alter the prescribed shares
Under Muslim law, a Wakaf or trust may be created with
of his heirs by disposing outright during his lifetime part
the custodian or trustee having rights in perpetuity – the
or whole of his property to a favoured wife, either
English rule against perpetuities did not extend to wakaf.
directly or by way of gift inter vivos or indirectly through
Re Dato Bentara Luar trustee.
Statutory Restrictions