The firm is closely Associated with Global Asset Trustees Sdn Bhd. Global Asset Trustee as specialises predominately in Estate Administration and Trust Management in addition to WILL writing and drawing up Trustee documents. The benefit of having a trust company to administer an estate would be to ensure the interest of beneficiaries, some of whom may be minors, dis-abled or mentally challenged are protected.
We provide legal advisory service and prepare and obtain all Court Orders to enable moveable and immoveable assets to be distributed to the rightful beneficiaries. Our services include: -
• Estate Planning / Will Drafting
• Preparation of Trust Deeds, and
• Administration of Estate
Upon the demise of a family member, if assets whether moveable or immovable are in his / her name, it will be in the interest of beneficiaries to distribute these assets expeditiously. Delaying this process can further complicate the Administration. There are numerous options available to administer an estate after death of the WILL-Maker.
If the estate consists of property and moveable assets below RM2,000,000.00 family members / beneficiaries have the option of referring the matter to the Land Administrator.
If a WILL-Maker dies leaving a WILL, an application needs to be made to the High Court to obtain a Probate.
If a person dies without making a WILL, then an application has to be made to the High Court to obtain a Letter of Administration. An administrator, often a family member will be appointed to wind up the affairs of the estate and distribute the assets in accordance with the Law.
Our Department on Estate Management handles all applications for Probate and Letter of Administration.
Grant of Probate:
A probate is the process of verifying and registering the Last WILL of a Deceased person in the High Court of Malaya.
The Executor named in the WILL usually appoints Lawyers to the probate Grant of Probate.
Letter of Administration:
A letter of Administration is the process of obtaining an Order in Court to empower an individual appointed as administrator / Trustee to Administer the Estate of a Deceased and distribute the assets in accordance with the provision of the Distribution Act 1958.
Where there is a WILL, the beneficiaries under the WILL are those to whom the estate of the WILL-Maker has been gifted. Where there is no WILL then the distribution of the assets is governed by the Distribution Act 1958, excepting those professing the Muslim religion. In such a case, distribution and the right of succession are governed by the Islamic Law of distribution.
Intestate – No WILL
Spouse and issue (Children)
Spouse, issue and Parents
Spouse only (No issue / Parent (s)
Issue only (No spouse / Parent (s)
Parent (s) only (No spouse / issue)
Spouse and Parents (No issue)
Issue and Parent (s) (No spouse)
Issue 2/3, spouse 1/3
Issue ½, Spouse ¼, parent (s) 1/4
Spouse: Whole Estate
Issue: Whole Estate
Parent (s) : Whole Estate
Spouse ½ : Parent (s) ½
Issue 2/3 : Parent (s) 1/3
In the event a person dies without making a WILL and without surviving spouse, child or parent, the following person (s) are entitled to the estate in accordance to priority: -
i) Brothers & Sisters
ii) Grand Parents
iii) Uncle & Aunts
iv) Great Grand Parents
v) Great Uncles and Aunts
• Probate and Administration Act 1959
• Orders 71 & 72, Rules of Court to check
• Distribution Act 1959
• Small Estates (Distribution) Act 1955
• Inheritance (Family Provisions) Act 1971
• WILLs Act 1959
• Case Law
Documentation required for Court Order process
a. Original WILL (if available) / Details of witnesses
b. Original death certificate
c. Mykad of executor
d. Comprehensive and complete list of Assets and liability: -
• Copy of property Grant / Title
• Copy of vehicle Grant / Title
• Copy of all Bank Account Details and latest Bank Statements
• Copy of Share Certificates and Share Account Details
• Copy of all Life & General Insurance Policies
• Copy of all Loan Statements
• Any other relevant statements of Assets and Liabilities
e. List of All Beneficiaries
• Birth Certificates
• Marriage Certificates
• MYKAD / Passport