To protect your family and assets, you must plan for the future. In Malaysia, understanding Will Writing, Probate and Estate Administration is the key to care for your loved ones.
This guide explains the process, common issues and how our Probate lawyers can assist you.
What Is a Will?
A Will is a legal document that specifies the distribution of your assets after your death. It empowers you to:
- Choose your beneficiaries
- Appoint a trusted executor to manage your estate
- Nominate guardians for minor children
Therefore, having a Will ensures that you:
- Control over who inherits your assets
- Protect your spouse and children
- Reduce legal delays and costs
- Minimise disputes among family members
What Is Probate?
Probate is the court process that confirms the validity of a Will and grants the executor the authority to manage the estate.
With Probate, the executor can:
- Collect assets of the deceased
- Pay debts and taxes
- Distribute the estate to beneficiaries
When Probate is required:
- When the deceased left a valid Will
- Assets are solely in the deceased’s name
When a person passes away leaving a valid Will, the executor must apply for a Grant of Probate to manage the estate legally. First, the executor prepares the necessary documents including locating the original Will, original death certificate and details of the deceased’s assets. Next, the application is submitted to the High Court and once the High Court is satisfied that the Will is valid and all documents are in order, the Court issues the Grant of Probate.
Afterwards, the executor can begin collecting the deceased’s assets, paying debts and distributing the estate to the beneficiaries according to the Will.
What Is Estate Administration?
Estate Administration is the process of managing and distributing a deceased person’s estate, whether there is a Will or not. Essentially, it ensures that assets are collected, debts are settled and beneficiaries receive their inheritance.
Estate Administration with a Will
- Executor applies for Grant of Probate
- Assets are distributed according to the Will
- Generally faster and simpler
Estate Administration without a Will
- Family members apply for Letters of Administration
- Estate is distributed according to the Distribution Act 1958
- Process may be longer, more costly and prone to disputes
How Our Law Firm Can Help
Our law firm provides professional guidance in all aspects of succession and estate administration:
- Will drafting and estate planning
- Probate applications
- Estate administration for testate (with Will) and intestate (without Will) estates
- Advising executors and administrators
- Resolving disputes among beneficiaries
Speak to a Probate Lawyer Today
Contact our lawyers today for professional advice on Will Writing, Probate and Estate Administration in Malaysia. By working with our lawyers, you can ensure that your estate is handled efficiently and in accordance with the Malaysian law.
To schedule a free consultation with our lawyers, contact Veeran & Tan and call us at 016-477 0087 or 014-9508667 right away.
OUR OFFICE ADDRESS
Level 3, Menara Axis, 2, Jalan 51a/223, Seksyen 51a, 46100 Petaling Jaya, Selangor.
EMAIL US
veerantanlegal@gmail.com
Areas Our Lawyers Cover
Our lawyers provide legal services across KL, Selangor and the surrounding areas. We regularly handle cases in:
- Kuala Lumpur
- Petaling Jaya
- Shah Alam
- Klang
- Subang Jaya
- Puchong
- Damansara
- Cheras
- Seri Kembangan
- Cyberjaya
- Putrajaya
- Nilai
- Seremban
Whether you are based in Kuala Lumpur or Selangor, our lawyers are ready to assist you.
Our lawyers are registered members of the Malaysian Bar and we adhere to the highest professional and ethical standards set by the Bar Council.