Monday, May 25, 2015

Essential Elements of a Valid Contract

A contract can be oral or written. For a contract to be valid, four essential elements must exist. The four elements are:-

a. Offer;
b. Acceptance;
c. Consideration and
d. Intention to create a legal relation.

If you wish to know more about the four elements, kindly visit

Tuesday, May 19, 2015

Where to get the final document in the case of testate and intestate?

A layman may think that after a person dies, if he has made a will, the distribution of the testator's estate is automatic namely just open the will and distribute it. This is totally wrong!

The personal representative of the testator has to go through a legal process i.e. application for a final document in an institution. The institution where the personal representative may apply for a final document depends on various situations. It could be a High Court, a land office or Public Trust Corporation.

For further details, please visit

Monday, May 11, 2015

Why Must You Make A Will - Malaysian Perspective

A will is a declaration of a person’s intention concerning the disposition of his property after his death. It has no legal effect until the death of the testator (the person who makes a will).

In a will, the testator states the person who will conduct the distribution of his property (executor) to the person whom he wishes to give (beneficiary). He may wish to appoint a trustee to deal with his property such as to insure, to sell or to rent out his property. He can even appoint a guardian beside his spouse to take care of his children until they reach the age of majority.

There are a few compelling reasons why a person must make a will during his lifetime.

Firstly, a testator can bequeath his property to the persons he wish to bequeath in his will. For instance, he may wish to donate part of his property to a charitable organization or give part of it to a friend. Without a will, a person’s estate will be distributed according to the Distribution Act 1958. According to the Distribution Act 1958, the statutory beneficiaries are his spouse, issues (children, if no children grandchildren) and parents. The Court however, may  intervene if a testator’s dependant who is not named as a beneficiary in the will applies for review.

Secondly, in the event of a person dies without a will, those who are entitled to his property as of right namely spouse, issues and parents will have to elect an administrator to take charge of the distribution of the estate. The administrator will have to apply through a lawyer to the Court for issuance of a  letter of administration before distribution of the estate. If his spouse, issues and parents are not in good relationship, they may face difficulty in the election of an administrator. In contrast, if a person dies with a will, the person who conducts the distribution of estate is stated in the will. He is the executor. He will apply to the Court for issuance of a grant of probate before the distribution of the estate.

Thirdly, in the case of a person dies without a will, the Court requires two sureties who could respectively guarantees the gross value of the estate. If the gross value of the estate worth one million dollar, it will not be easy to look for a relative or a friend to be a surety. Contrary to such situation, if a person dies with a will, no surety is required by the Court.

Fourthly, the application to the Court for a letter of administration will take about three to five years due to the difficulty in the election of an administrator, looking for sureties, finding out the deceased’s estate etc. In contrast, it only takes about six months for the Court to issue a grant of probate.
Posted by Chai Yong of

Tuesday, November 11, 2014

Palm Oil Fuel

Palm  oil could be used for biodiesel. In Malaysia, the government is boosting the B7 Biodiesel by November 2014.

With the introduction of B7 Biodiesel, the local consumption of palm oil will be boosted up to 700,000 tonnes a year.

Recently there are 2 factors arising which may make the future of palm oil  a plight.

Firstly, with the recent increase of production of fossil fuel in North America, the global fuel price has dropped. This will make the biodiesel price not that attractive.

Secondly, the global CPO price is now below RM2000 before October 2014. The future may not be that bright.

For more information on biodiesel, please visit

Tuesday, October 7, 2014

Solution for 20 cents increase of fuel prices in Malaysia

After midnight of 1 October 2014, the Malaysian Government has increased the fuel price by 20 cents.

Considering transportation is a crucial items in our day to day life, 20 cents is definitely a burden to all Malaysian.

Is there any way out of this difficult situation?

The solution lies in the modification of the fuel, making it more efficient and effective.

Please visit for further details.

We guarantee you at least 20% saving with terms and conditions applied.

Sunday, September 14, 2014

B7 Biodiesel in Malaysia

The Malaysian Government has amended its plan of implementation of B5 biodiesel to B7 biodiesel.

Sources said that may be by December this year, the Government will be able to implement the use of B7 biodiesel nation wide.

The month of September 2014 has seen the price of crude palm oil dropped to below RM2000.

The current stock of crude palm oil in Malaysia stands at 1,600,000 metric ton. If the Government were able to implement B7 biodiesel, the palm oil stock could be reduced by 500,000 metric ton.

Posted by Banyan Consulting.

For further details, please refer to

Wednesday, August 27, 2014

Carbon Deposit

What is carbon deposit in a vehicle?

It is accumulation of dried up fuel at the injection valve and wall of engine cylinder. It will grow bigger as it absorbs the incoming fuel.

Carbon deposit could cause lesser air and fuel go into the cylinder. This will result in incomplete combustion, lower compression ratio and power.

One way to clean up the carbon deposit is to use diesel additive or petrol additive. It serves as a detergent to keep the fuel injector clean. It can slowly clean up the carbon deposit by breaking the bond between carbon deposit and the engine parts.

For more information on diesel and petrol additive, please refer to