Upon the death of an individual, if the deceased had executed a valid Will during his or her lifetime, the executor appointed under the Will may apply to the High Court for a “Grant of Probate” in order to administer the estate.
If the deceased did not leave a valid Will, or if the Will is deemed invalid, the next-of-kin must apply to the Court for a “Letter of Administration” to administer the estate.
The application for a Grant of Probate requires the preparation of the following documents:
· Will
· Death Certificate
· Beneficiaries’ Identification Cards (I.C.)
· Asset documents (e.g. title deeds / sale and purchase agreements / land tax receipts / assessment tax receipts / vehicle registration cards, etc.)
The application for a Grant of Probate is not a straightforward process, as it involves extensive document preparation and procedural requirements. It is advisable to engage a lawyer who is familiar with the process to assist in the application.
In the event of disputes during the application for probate or letters of administration, or where there are concerns regarding the validity of the Will, the next-of-kin or any interested party may apply to the Court for an Estate Freezing Order. It is recommended that legal advice be obtained from a qualified lawyer familiar with these procedures.
Malaysia
