What to do after your parents / loved ones pass away?
What happen to their properties and assets?
Upon the passing of someone, all the assets including properties and bank accounts are frozen. The family members will have to administer and distribute the estates of the deceased.
Q: What are the ways available to administer the estates of a deceased?
[WITH WILL] When someone passes away leaving a will, the person named in the deceased's Will as the executor will have to execute the will by first applying to the High Court of Malaya for the Grant of Probate.
[WITHOUT WILL] If the person passes away without leaving a will, then depending on the size of the deceased's estate, an administrator will be appointed by the High Court of Malaya via an application for the Grant of Letter of Administration to administer the deceased's estate.
There are also other ways where an estate of someone who passes away without leaving a will can be administered. These include the summary administration by Amanah Raya Berhad and the small estate distribution application.
Q: How will the estates of the deceased be distributed after obtaining the Grant of Probate [with will] or Letter of Administration [without will]?
[WITH WILL] If there is a will, the estates will be distributed in accordance with the provisions of the Will.
[WITHOUT WILL] However, if there is no will, the estates will be distributed in accordance with Section 6 of the Distribution Act 1958 [Act 300]
Q: When distributing the estates of the deceased, is it a must to follow the provisions of the will [with will] or the Distribution Act [without will]?
If the beneficiaries decide not to distribute the estates in accordance with the provisions of the will or the Distribution Act, all the beneficiaries under the will or all those who are entitled under the Distribution Act are required to sign and execute a Deed of Variation / Deed of Family Arrangement which will record the distribution proposed by the beneficiaries. In some cases, you may also need to apply to the High Court for the relevant court order before you could distribute the estates according to the Deed of Variation / Deed of Family Arrangement. Our lawyers are able to assist you in this matter. Contact us to learn more.
Q: What services does your law firm provide?
At TEH & YU, we provide a complete and professional solution to your succession related matters. All personal information submitted to us will be kept strictly private and confidential.
Our services include the following: -
HOW DO WE WORK?
APPOINTMENT AND DISCUSSION
Upon confirmation of our appointment, we will discuss your matter with you in detail. We will prepare the cause papers and process all the paperwork prior to your signing of documents.
SIGNING OF DOCUMENTS
After the documents are prepared, usually within 2 - 4 working days after appointment and discussion, we will make an appointment with you for the signing of documents. The contents of the documents will be explained to you before signing.
Upon the signing of the documents, we will file the same to the court. The court will process the documents and a hearing date will be fixed. Depending on the schedule of the court, the matter will normally be fixed for hearing within 1 week to 4 months after filing.
After the hearing of the matter by the court, we will process the remaining paperwork, which will normally involve the filing of the court order and extraction of the same. This would usually take between 1 day - 2 weeks after the court hearing.
WHEN DO I APPLY FOR A grant of probate / GRANT OF letters of administration?
Application for grant of probate is only applicable when the Deceased left a valid will with a valid executor.
If the Deceased did not leave a valid will or left a valid will but not a valid executor, then the application for letters of administration applies here.
How long is the whole process of grant of probate / letters of administration?
Depending on the schedule of the court, the application for grant of probate will generally take 2-6 months where as the application for letters of administration will generally take 4 months to 2 years.
Grant of probate - what are the documents and information needed?
In order to apply for the grant of probate, the beneficiaries must prepare the following documents and information and submit to us for our further action: -
If my parent left a will, can the beneficiaries decide to distribute the estates in another way?
If the Deceased left a Will, it is generally advisable that the beneficiaries respect the wishes of the Deceased by administering the estates and distributing the properties according to the provision of the Will.
Although the beneficiaries may reach an agreement to distribute the estates not in accordance with the Will, please seek our professional advice (especially on its implication) if the beneficiaries decide not to follow the provision of the Will.
Is it true that a will is invalid upon A marriage/remarriage or A divorce?
Generally your existing Will is revoked and becomes invalid upon your marriage or remarriage. If you do not write a new Will, your estates will be distributed in accordance with the Distribution Act 1958.
However, your existing Will does not become void and will remain valid after your divorce. It is therefore advisable to review your Will after your divorce to ensure that it reflects the change of your marital status.