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Creating a Will. Shall we engage Singaporean or Malaysia Lawyer?
- Thread starter wolverine23
- Start date
Just like most people here, I too am looking at this problem!
Children don't like to be burdened with messy problems after our death.
I guess they prefer CASH! Hahaha!
So maybe it's better to sell off the property before we konk out?
Here's something to share:
http://www.rockwillsonline.com/all_about_will.htm
What is a Will?
A Will is a legal document you draw up to declare your wishes for your loved ones as to how you want your assets to be distributed after you passed on.
Why do I need a Will?
Without a Will, your assets could give more troubles than benefit to your family at a time when they are most vulnerable. Your loved ones could be involved in a long drawn legal process or fighting in a complex legal battle with other family members.
Without a Will, the law will decides who your beneficiaries, trustees and guardian would be. There is a legal process to go through before your loved ones can benefit from your assets. Leave nothing to chance. Make a Will and the law will protect your wishes.
The Legal administration process in Malaysia is applicable to all Malaysians and foreigners domiciled in Malaysia who own movable and immovable assets in Malaysia
(Please refer to Distribution Act 1958)
When someone passed on, under the Malaysian law his/her estate will be FROZEN and to unlock the frozen estate, the following are the legal administration process:-
A) With a Will (Dies testate) - Apply Grant of Probate (GP)
The Executor appointed in the Will need to apply GP at the High Court. The GP can be obtained within 3 months to 1 year. Once the GP is extracted and all debts of the deceased settled, the Executor will distribute the estate according to the Will.
B) Without A Will (Dies intestate) - Apply Letter of Administration (LA)
The legal beneficiaries of the deceased’s estate need to apply LA. One or two administrator(s) will need to be appointed for this purpose. Upon extraction of LA, the administrator(s) will distribute the net assets of the deceased (after settled all his debts) according to the Distribution Act 1958 (As amended in 1997).
To apply for LA, the deceased’s family may need to fulfill certain requirements e.g. looking for 2 guarantors; the appointment of the administrator(s) need 100% consent from all legal beneficiaries; appointment of guardians for minors who will in-turn give consent to the appointment of administrator(s) etc, thus, this process could take 2 to 8 years and in between family contentions could occur.
Without a valid Will,
Firstly the deceased’s assets are frozen. His/her family, spouse and children might face cash flow problems while waiting for the extraction of LA.
With the LA, all his assets will be distributed according to the Distribution Act 1958 (As amended as at 1997).
• He has lost the right to appoint executor, trustee and guardian of his choice. His children’s welfare may not be taken care of by the right person.
• As Letters of administration (LA) is required, application to the High Court requires:
(a) Appointment of one or two administrator(s)
100% written consent is required from all lawful beneficiaries under the Distribution Act 1958 (Amended in 1997) for the appointment of the administrator(s). The administrator(s) who is chosen may not be the most suitable person to administer the estate. When there are minor beneficiaries, then, two administrators will be required before the court issues the LA. Guardians are appointed to decide for the minors as minors can not give written consent.
(b) Two Sureties Required
Qualified guarantors are persons who have net worth value that is more or equivalent to the gross estate value of the deceased. The security may be by way of bond in the amount equivalent to the GROSS VALUE of the estate of the deceased.
• More time require to fulfill the requirements for the application of LA.
• More legal cost are involved.
• If both the husband and wife decease together, the court will appoint guardian for the minor children.
• Family contention may arise. Family members may be fighting in the court over the distribution or choice of assets.
• Under the Distribution Act, if there are surviving parents to the deceased, these parents received 1/4 share of the estate. Problems will arise if these parents die later. Their entitlements will in turn go to their children. This complicates the distribution as there are more claimants. (Please refer to the chart above).
And, with a valid Will,
• You provide for your beneficiaries in the way you choose rather than letting the laws decides.
• You exercise your RIGHT under the law to appoint people of your choice to administer your estate and carry out your wishes, ensure and safeguard the interest of those you loved and care. You select your preferred executor whom is expected to do a good job when you pass on.
• You can also provide support in monetary form or in kind to other selected family members e.g. stay-in partner, aging uncles, dependants, friends, step-children, “god-children”, church, temple or any charity organizations etc. All these persons have no provisions under the law.
• You appoint Trustees and Guardian of your choice for your infant children in the event of your spouse predeceasing you or if both of you were to pass on. These are trustworthy persons who will ensure your children’s welfare are in good hands.
• No sureties are required for application of Grant of Probate (GP).
• Generally, it costs less in term of legal fees and less time to apply for a Grant of Probate (GP) than Letter of Administration (LA).
• Family members who depend on you can avoid facing financial hardship.
1. Require two guarantors
• Family members might have difficulty to look for the qualified guarantors. The guarantors must have a net worth equivalent to the gross value of the deceased’s estate.
• This results in the delay in estate administration. Beneficiaries might take a longer time to receive their shares of the estate. The delay might result in estate shrinkage and beneficiaries might receive less due to the shrinkage in estate.
2. Conflict & problems faced over the appointment of administrator(s)
• The Court requires 1 or 2 administrator(s).
• Family contention arises over the right to be appointed as the Administrator(s).
• There is risk of the Administrator(s) absconding the estate.
• Appointed Administrator(s) may lack competence to perform.
• Family might not be able to obtain the 100% consent from all legal beneficiaries required.
• When there is a minor beneficiary, two Administrator(s) are needed.
3. Legal Fees higher to apply for LA
• To apply for LA, the family members might receive less due to the generally higher legal costs incurred.
4. Financial difficulties faced by the family as it takes more time to apply for LA
• Normally it takes 2 to 5 years OR MORE, thus dependants may face cash flow problems as the deceased’s bank accounts are frozen.
• Distributions under the Law might results in a change in ownership in businesses/companies of the deceased which might lead to fragmentation and loss in continuity and control.
5. The Law takes over your ‘RIGHT’ to name your beneficiaries
• As there is no Will, whom your beneficiaries are and the proportion for distribution are decided by the law. The distribution may not be that of your choice, and you lose your Right to distribute your hard earned assets the way you want it.
• Under the Law, there is no provisions for partner, stepchildren, illegitimate children, relatives whom you support.
6. The Law takes over your ‘RIGHT’ to appoint trustees and guardian for your minor children
• If both parents die in a common disaster, the Court decides who are the trustees & guardians for your minor children.
• The appointed person(s) might not be competent to perform the job.
• Welfare of minor might not be taken care of.
• Misuse of funds by the appointed Trustee might happen.
• You lose your Right to choose your preferred trustees/guardian.
A person dies WITH a Will A person dies WITHOUT a Will
You provide for your beneficiaries in the Will you choose rather than letting the law to decide for you. Your estate will be distributed to the lawful beneficiaries according to the Distribution Act 1958 (As amended in 1997).
Partner, step children, illegitimate children, aged relative or others who depend upon you can be provided for in a Will. Under the law, there is no provision for these group of people. They might fall into financial difficulties without your support.
You exercise the right to appoint people of your choice to administer your estate and to carry out your wishes, safe guarding the interest of those you love and care. The Court decides for you. It might not be your choice.
No family contention could arise over the choice of administrator(s). Family conflict may arise on the choice of administrator(s).
You may appoint guardian of your choice for your infant children, so that their welfare, support, health and education will be taken care by the right person. The Court decides for you. It might not be your choice.
No guarantor is required for application of Grant of Probate (GP). Two sureties are required to provide security for the due administration of the estate. The security shall be equivalent to the gross estate of the deceased. There will be delay in the estate administration.
Generally, it costs less in term of legal fees to apply for Grant of Probate (GP) than Letter of Administration (LA) Legal fees could be costly.
With a Will, the whole legal estate administration process could take just a couple of months. The legal process could take years. Assets could have shrunk in value when LA is obtained.
Your loved ones are financially protected. Your family could be facing serious financial difficulties.
1.Do you know?
That when someone passes on, all his assets including his/her banks account (joint/sole name), CDs share accounts, properties, private limited shares, business will be FROZEN?
2.Do you know?
On 21/01/2007 it was reported in major newspapers, our then Deputy Prime Minister said there is a total of RM40 billion worth of unclaimed cash and assets left by the dead. To avoid the problem, he urged fellow countryman to write a Will to avoid facing problems of claiming FROZEN assets of the deceased (please refer to NEW STRAITS TIMES, SIN CHEW DAILY, dated 22/1/07).
3.Have you ever wondered?
That if both parents were to go together, who will step into the parent’s position to take care of the children’s education and welfare? Who will be the guardian?
4.You may not know...
That without a Will, your loved ones might have to wait for years; running around searching for the required two guarantors. You lose your RIGHT to appoint the executor of your choice to administer your estate & your preferred trustees for your minor children.
5.You ought to know...
That without a Will, your assets will be distributed in accordance to the Distribution Act 1958(As amended in 1997). Under the Act, your assets will be divided between your surviving spouse, children and parent(s) in a certain proportion (1/4, 1/2, 1/4). More problems arise if your parent(s) pass on soon after you. Your assets may be subdivided further between your brothers and sisters etc. Result? There will be many more additional claimants!
6.Have you ever wondered?
What will happen to your loved ones / dependants if they are unable to receive your assets in the shortest possible time after your demise?
7.You may think…
That you do not have much to give away. The truth is writing a Will has little to do with your net worth but everything to do with leaving a legacy of love and care.
8.Do you know?
90% of your assets are without beneficiary(ies) & 90% of eligible Malaysians do not have a Will? Thus, there is an urgent need to write a Will. If not, the law will decide who your beneficiaries / trustee / guardian, NOT YOU! Assets may become FROZEN AND UNCLAIMED under the Law. Why leave it to the law when you can decide in a Will?
9.Have you ever wondered?
Have you considered why you will make sure you have named beneficiaries for your insurance & Employees Provident Fund (EPF) payouts but omit to name beneficiary for your assets like house, bank a/c, car, land, shares etc?
If you want to protect your loved ones & your hard earned assets; to avoid any possible family disputes &
uncertainties; to prevent assets to be classified as
UNCLAIMED ASSETS
by the government, please Write a Will Today!
Call US Today at +603-7782 1993
The Person Who is He/Her? His/Her Role
Testator A person who writes a Will
Executor(s) Person(s) or Trust Corporation appointed by the testator to administer his/her estate. • To locate the Will
• To make funeral arrangement
• Apply for Grant of Probate (GP)
• Calling in assets of deceased
• To pay debts
• To prepare Statement of Accounts
• To distribute assets according to the Will
• To carry out wishes mentioned in the will
Trustee(s) Person(s) or Trust Corporation appointed in a Will. To hold on trust for beneficiaries who inherit assets in a Will.
Guardian A person appointed in a Will. To take care of the welfare of minor children.
Beneficiary A person or corporation named in a Will. To receive gifts.
Two Witnesses A person who witness the signing of Will To confirm that the testator is of sound mind.
It is always not advisable to write our own wills because we might not achieve what we want and avoid what we don’t want. The following might happen:
• Partial intestacy - No residuary clause
• Easily subject to contest in court, may cause future problem
• May not be granted a Probate - Vague
• Not fully aware of certain legal implication
• May not take care of your worries
• No assurance/protection to beneficiaries e.g. no trust fund to protect family members
• No appointment of guardian for minor children
• May not help to realize your goals!
Remember, a Will must be ‘function’, as it may cause delay, problems, frustrations, anger, hardships to our family and loved ones when it is not properly drafted and 100% valid under the Law.
Get a Professional to write, even it is a simple one as it grants you with
Peace Of Mind & Makes Our Wishes Come True!
Children don't like to be burdened with messy problems after our death.
I guess they prefer CASH! Hahaha!
So maybe it's better to sell off the property before we konk out?
Here's something to share:
http://www.rockwillsonline.com/all_about_will.htm
What is a Will?
A Will is a legal document you draw up to declare your wishes for your loved ones as to how you want your assets to be distributed after you passed on.
Why do I need a Will?
Without a Will, your assets could give more troubles than benefit to your family at a time when they are most vulnerable. Your loved ones could be involved in a long drawn legal process or fighting in a complex legal battle with other family members.
Without a Will, the law will decides who your beneficiaries, trustees and guardian would be. There is a legal process to go through before your loved ones can benefit from your assets. Leave nothing to chance. Make a Will and the law will protect your wishes.
The Legal administration process in Malaysia is applicable to all Malaysians and foreigners domiciled in Malaysia who own movable and immovable assets in Malaysia
(Please refer to Distribution Act 1958)
When someone passed on, under the Malaysian law his/her estate will be FROZEN and to unlock the frozen estate, the following are the legal administration process:-
A) With a Will (Dies testate) - Apply Grant of Probate (GP)
The Executor appointed in the Will need to apply GP at the High Court. The GP can be obtained within 3 months to 1 year. Once the GP is extracted and all debts of the deceased settled, the Executor will distribute the estate according to the Will.
B) Without A Will (Dies intestate) - Apply Letter of Administration (LA)
The legal beneficiaries of the deceased’s estate need to apply LA. One or two administrator(s) will need to be appointed for this purpose. Upon extraction of LA, the administrator(s) will distribute the net assets of the deceased (after settled all his debts) according to the Distribution Act 1958 (As amended in 1997).
To apply for LA, the deceased’s family may need to fulfill certain requirements e.g. looking for 2 guarantors; the appointment of the administrator(s) need 100% consent from all legal beneficiaries; appointment of guardians for minors who will in-turn give consent to the appointment of administrator(s) etc, thus, this process could take 2 to 8 years and in between family contentions could occur.
Without a valid Will,
Firstly the deceased’s assets are frozen. His/her family, spouse and children might face cash flow problems while waiting for the extraction of LA.
With the LA, all his assets will be distributed according to the Distribution Act 1958 (As amended as at 1997).
• He has lost the right to appoint executor, trustee and guardian of his choice. His children’s welfare may not be taken care of by the right person.
• As Letters of administration (LA) is required, application to the High Court requires:
(a) Appointment of one or two administrator(s)
100% written consent is required from all lawful beneficiaries under the Distribution Act 1958 (Amended in 1997) for the appointment of the administrator(s). The administrator(s) who is chosen may not be the most suitable person to administer the estate. When there are minor beneficiaries, then, two administrators will be required before the court issues the LA. Guardians are appointed to decide for the minors as minors can not give written consent.
(b) Two Sureties Required
Qualified guarantors are persons who have net worth value that is more or equivalent to the gross estate value of the deceased. The security may be by way of bond in the amount equivalent to the GROSS VALUE of the estate of the deceased.
• More time require to fulfill the requirements for the application of LA.
• More legal cost are involved.
• If both the husband and wife decease together, the court will appoint guardian for the minor children.
• Family contention may arise. Family members may be fighting in the court over the distribution or choice of assets.
• Under the Distribution Act, if there are surviving parents to the deceased, these parents received 1/4 share of the estate. Problems will arise if these parents die later. Their entitlements will in turn go to their children. This complicates the distribution as there are more claimants. (Please refer to the chart above).
And, with a valid Will,
• You provide for your beneficiaries in the way you choose rather than letting the laws decides.
• You exercise your RIGHT under the law to appoint people of your choice to administer your estate and carry out your wishes, ensure and safeguard the interest of those you loved and care. You select your preferred executor whom is expected to do a good job when you pass on.
• You can also provide support in monetary form or in kind to other selected family members e.g. stay-in partner, aging uncles, dependants, friends, step-children, “god-children”, church, temple or any charity organizations etc. All these persons have no provisions under the law.
• You appoint Trustees and Guardian of your choice for your infant children in the event of your spouse predeceasing you or if both of you were to pass on. These are trustworthy persons who will ensure your children’s welfare are in good hands.
• No sureties are required for application of Grant of Probate (GP).
• Generally, it costs less in term of legal fees and less time to apply for a Grant of Probate (GP) than Letter of Administration (LA).
• Family members who depend on you can avoid facing financial hardship.
1. Require two guarantors
• Family members might have difficulty to look for the qualified guarantors. The guarantors must have a net worth equivalent to the gross value of the deceased’s estate.
• This results in the delay in estate administration. Beneficiaries might take a longer time to receive their shares of the estate. The delay might result in estate shrinkage and beneficiaries might receive less due to the shrinkage in estate.
2. Conflict & problems faced over the appointment of administrator(s)
• The Court requires 1 or 2 administrator(s).
• Family contention arises over the right to be appointed as the Administrator(s).
• There is risk of the Administrator(s) absconding the estate.
• Appointed Administrator(s) may lack competence to perform.
• Family might not be able to obtain the 100% consent from all legal beneficiaries required.
• When there is a minor beneficiary, two Administrator(s) are needed.
3. Legal Fees higher to apply for LA
• To apply for LA, the family members might receive less due to the generally higher legal costs incurred.
4. Financial difficulties faced by the family as it takes more time to apply for LA
• Normally it takes 2 to 5 years OR MORE, thus dependants may face cash flow problems as the deceased’s bank accounts are frozen.
• Distributions under the Law might results in a change in ownership in businesses/companies of the deceased which might lead to fragmentation and loss in continuity and control.
5. The Law takes over your ‘RIGHT’ to name your beneficiaries
• As there is no Will, whom your beneficiaries are and the proportion for distribution are decided by the law. The distribution may not be that of your choice, and you lose your Right to distribute your hard earned assets the way you want it.
• Under the Law, there is no provisions for partner, stepchildren, illegitimate children, relatives whom you support.
6. The Law takes over your ‘RIGHT’ to appoint trustees and guardian for your minor children
• If both parents die in a common disaster, the Court decides who are the trustees & guardians for your minor children.
• The appointed person(s) might not be competent to perform the job.
• Welfare of minor might not be taken care of.
• Misuse of funds by the appointed Trustee might happen.
• You lose your Right to choose your preferred trustees/guardian.
A person dies WITH a Will A person dies WITHOUT a Will
You provide for your beneficiaries in the Will you choose rather than letting the law to decide for you. Your estate will be distributed to the lawful beneficiaries according to the Distribution Act 1958 (As amended in 1997).
Partner, step children, illegitimate children, aged relative or others who depend upon you can be provided for in a Will. Under the law, there is no provision for these group of people. They might fall into financial difficulties without your support.
You exercise the right to appoint people of your choice to administer your estate and to carry out your wishes, safe guarding the interest of those you love and care. The Court decides for you. It might not be your choice.
No family contention could arise over the choice of administrator(s). Family conflict may arise on the choice of administrator(s).
You may appoint guardian of your choice for your infant children, so that their welfare, support, health and education will be taken care by the right person. The Court decides for you. It might not be your choice.
No guarantor is required for application of Grant of Probate (GP). Two sureties are required to provide security for the due administration of the estate. The security shall be equivalent to the gross estate of the deceased. There will be delay in the estate administration.
Generally, it costs less in term of legal fees to apply for Grant of Probate (GP) than Letter of Administration (LA) Legal fees could be costly.
With a Will, the whole legal estate administration process could take just a couple of months. The legal process could take years. Assets could have shrunk in value when LA is obtained.
Your loved ones are financially protected. Your family could be facing serious financial difficulties.
1.Do you know?
That when someone passes on, all his assets including his/her banks account (joint/sole name), CDs share accounts, properties, private limited shares, business will be FROZEN?
2.Do you know?
On 21/01/2007 it was reported in major newspapers, our then Deputy Prime Minister said there is a total of RM40 billion worth of unclaimed cash and assets left by the dead. To avoid the problem, he urged fellow countryman to write a Will to avoid facing problems of claiming FROZEN assets of the deceased (please refer to NEW STRAITS TIMES, SIN CHEW DAILY, dated 22/1/07).
3.Have you ever wondered?
That if both parents were to go together, who will step into the parent’s position to take care of the children’s education and welfare? Who will be the guardian?
4.You may not know...
That without a Will, your loved ones might have to wait for years; running around searching for the required two guarantors. You lose your RIGHT to appoint the executor of your choice to administer your estate & your preferred trustees for your minor children.
5.You ought to know...
That without a Will, your assets will be distributed in accordance to the Distribution Act 1958(As amended in 1997). Under the Act, your assets will be divided between your surviving spouse, children and parent(s) in a certain proportion (1/4, 1/2, 1/4). More problems arise if your parent(s) pass on soon after you. Your assets may be subdivided further between your brothers and sisters etc. Result? There will be many more additional claimants!
6.Have you ever wondered?
What will happen to your loved ones / dependants if they are unable to receive your assets in the shortest possible time after your demise?
7.You may think…
That you do not have much to give away. The truth is writing a Will has little to do with your net worth but everything to do with leaving a legacy of love and care.
8.Do you know?
90% of your assets are without beneficiary(ies) & 90% of eligible Malaysians do not have a Will? Thus, there is an urgent need to write a Will. If not, the law will decide who your beneficiaries / trustee / guardian, NOT YOU! Assets may become FROZEN AND UNCLAIMED under the Law. Why leave it to the law when you can decide in a Will?
9.Have you ever wondered?
Have you considered why you will make sure you have named beneficiaries for your insurance & Employees Provident Fund (EPF) payouts but omit to name beneficiary for your assets like house, bank a/c, car, land, shares etc?
If you want to protect your loved ones & your hard earned assets; to avoid any possible family disputes &
uncertainties; to prevent assets to be classified as
UNCLAIMED ASSETS
by the government, please Write a Will Today!
Call US Today at +603-7782 1993
The Person Who is He/Her? His/Her Role
Testator A person who writes a Will
Executor(s) Person(s) or Trust Corporation appointed by the testator to administer his/her estate. • To locate the Will
• To make funeral arrangement
• Apply for Grant of Probate (GP)
• Calling in assets of deceased
• To pay debts
• To prepare Statement of Accounts
• To distribute assets according to the Will
• To carry out wishes mentioned in the will
Trustee(s) Person(s) or Trust Corporation appointed in a Will. To hold on trust for beneficiaries who inherit assets in a Will.
Guardian A person appointed in a Will. To take care of the welfare of minor children.
Beneficiary A person or corporation named in a Will. To receive gifts.
Two Witnesses A person who witness the signing of Will To confirm that the testator is of sound mind.
It is always not advisable to write our own wills because we might not achieve what we want and avoid what we don’t want. The following might happen:
• Partial intestacy - No residuary clause
• Easily subject to contest in court, may cause future problem
• May not be granted a Probate - Vague
• Not fully aware of certain legal implication
• May not take care of your worries
• No assurance/protection to beneficiaries e.g. no trust fund to protect family members
• No appointment of guardian for minor children
• May not help to realize your goals!
Remember, a Will must be ‘function’, as it may cause delay, problems, frustrations, anger, hardships to our family and loved ones when it is not properly drafted and 100% valid under the Law.
Get a Professional to write, even it is a simple one as it grants you with
Peace Of Mind & Makes Our Wishes Come True!
More to share: Hope the info will be helpful...
http://malaysia.angloinfo.com/money/pensions-wills/
Information pertaining to writing a will in Malaysia, and the laws relating to inheritance and distribution in Malaysia…
The purpose of writing a will is for a person to leave behind a legacy for loved ones, and to ensure that they are well provided for in the unfortunate event of the testator’s passing. If a person dies intestate (without having written a valid will), then the provisions under the Distribution Act 1958 will apply unless he or she is a Muslim in West Malaysia and Sarawak or is a native of Sarawak. If the person is in the state of Sabah, then the Intestate Succession Ordinance 1960 will apply. Both the act and ordinance set out the manner of distribution of any property to specific beneficiaries, after all outstanding debts (including taxes) are paid. In addition, the provisions under the Inheritance (Family Provision) Act 1971 allow the courts to grant an order that the maintenance of certain categories of dependents shall be reasonably provided for where such dependents have not been provided for, or are inadequately provided for, under the testator’s will.
Foreigners and Wills
Malaysia recognises the validity of international wills that relate to properties and assets owned by the testator in other parts of the world. However, it is highly recommended that a foreigner make a will in Malaysia under the following circumstances:
• They are living permanently in Malaysia and would be considered a ‘permanent resident’ of Malaysia at the time of their passing
• They own immovable properties in Malaysia (land and buildings, for instance)
Failure to make a will in Malaysia may mean that delays occur in the transfer of their properties and assets in Malaysia to their beneficiaries, wherever they may be. In short, having a will made in their country of origin that covers all assets is still valid, but there may still be delays when it is applied in Malaysia, especially when it involves immovable properties bound by administrative red tape. As such, it would be advisable to make a will in Malaysia addressing Malaysian properties and assets to avoid the risk of delays that may take years to settle.
Qualifying to Make a Will
There are three prerequisites that must be satisfied when making a will before it is considered valid:
• The testator must be at least eighteen years old as stipulated under the Age of Majority Act 1971 in West Malaysia and Sarawak, whereas in Sabah, the age of majority is twenty-one years old as stated under Section 4 of the Wills Ordinance 1953
• The testator must be of ‘sound mind’ (“testamentary capacity”) as provided by Section 3 of the Wills Act 1959
• The will must be in writing, and must also be signed by the testator (or affixed with the testator’s mark) at the foot or end of the will in the presence of two witnesses. The will must be attested by two or more witnesses in the presence of the testator and each other
Intestacy – Letter of Administration
When a person dies intestate (without leaving a valid will), there may be a delay in distribution due to the following:
• Choosing an administrator: the beneficiaries may not agree on the person intending to apply for the Letter of Administration. The Probate and Administration Act 1959 requires all lawful beneficiaries to waive in writing their right to be administrator when appointing an administrator
• Valuing the estate: a lot of time and manpower is required to locate, collect, assess and value all assets and liabilities. As a result, there will be increasing costs to the estate and its beneficiaries as the need for legal services, accountants, tax consultants and other professionals arises.
• Finding two sureties: the administrator must find two sureties to sign an administration bond, and the sureties must have assets within the jurisdiction equivalent to the value of the deceased’s estate. However, no surety is required if:
1. the estate does not exceed RM50,000
2. a trust corporation is being appointed as the administrator
3. the administrator is the sole beneficiary, in which case sureties are waivered at the discretion of the court (as per Section 35 of the Probate and Administration Act 1959)
• Lawful beneficiaries: When an individual dies intestate, their estate is distributed according to the Distribution Act 1958. Due to the delays caused by the factors mentioned above, sometimes the estate will have to be distributed to many beneficiaries who inherit from the original beneficiaries (who may have passed away over time), or who may have relocated to different countries. Even if there are no difficulties with having many beneficiaries or with finding them, the application of the intestacy law in Malaysia will create other difficulties as shown below, be it the Distribution Act 1958 or the Intestate Succession Ordinance 1960. In addition, the intestate will not be able to dictate the terms of the distribution of their estate to the people chosen to be beneficiaries, determine what assets are to be inherited by whom, or choose the manner of their distribution. Section 6 of the Distribution Act 1958 Provides the following:
Intestate dies leaving surviving: Distribution of Estate:
Spouse only (no parent(s) or issue) Spouse: whole estate
Spouse and parent(s) (no issue) Spouse: 1/2; parent(s): 1/2
Issue only (no spouse or parent(s)) Issue: whole estate
Parents(s) only (no spouse or issue) Parent(s): whole estate
Spouse and issue (no parent(s)) Spouse: 1/3; issue: 2/3
Parent(s) and issue (no spouse) Parent(s): 1/3; issue: 2/3
Spouse, parent(s) and issue Spouse: 1/4; parent(s): 1/4; issue: 2/4
No spouse, issue or parents The following person(s), related to the intestate and alive at the death of intestate, in the following order:
1. Brother(s) and sister(s)
2. Grandparent(s)
3. Uncle(s) and aunt(s)
4. Great grandparent(s)
5. Great grand uncle(s) and aunt(s)
In default of any person taking absolute interest under the foregoing provisions S.6(1)(a)-(i) Whole estate, except land, to the government (land remains frozen)
Employee Pension Fund (EPF)
It is highly recommended that all employees who contribute to the Employee Pension Fund (EPF) nominate their beneficiaries on the EPF nomination form. Failing this, the EPF assets will be distributed in accordance with their will. If the person dies intestate, then it will be distributed in accordance with the acts earlier stated.
Cancellation, Alteration and Revocation
A will is automatically revoked when one or more of the following circumstances occur:
• Marriage: marriage will revoke a will made earlier by the testator unless it was expressed in the will that it was made in contemplation of marriage, and shall not be revoked by the solemnisation of the marriage contemplated to the named fiancé(e) (Section 12, Wills Act 1959)
• Writing a new will: only the latest will would be recognised as the valid one by the courts (Section 14, Wills Act 1959)
• Declaration in writing of an intention to revoke the will: the testator makes a written statement about their intention to revoke the will. The said statement has to be signed by the testator in the presence of two witnesses
• Conversion to the Islamic faith: Section 2(2) of the Wills Act 1959 states that the Act does not apply to wills of persons professing the religion of Islam. When the testator (previously a non-Muslim) embraces the Islamic faith, the will made previously shall be void as it no longer comes under the ambit of the Wills Act 1959. The testator, after conversion, can write a new will in accordance with the Islamic Laws whereby only one third of the total estate can be disposed of by way of a will, and the remaining two thirds by Sijil Faraid (a certificate of Muslim inheritance law). If the Muslim testator would like to dispose of more than one third of their total estate, the consent of all lawful beneficiaries must be obtained
• Intentional destruction: a will can be burnt, torn or otherwise intentionally destroyed by the testator or a third party in the presence of the testator and under their direction, with the intention to revoke the will (s. 14). Accidental or malicious destruction by a third party does not render the revocation effective
Information provided by Michael J.C. Folk
Probiz Business Services
4 Lorong 14/37E, 46100 Petaling Jaya, Selangor D.E.
Tel:01 2236 7881 e-mail
Website
http://malaysia.angloinfo.com/money/pensions-wills/
Information pertaining to writing a will in Malaysia, and the laws relating to inheritance and distribution in Malaysia…
The purpose of writing a will is for a person to leave behind a legacy for loved ones, and to ensure that they are well provided for in the unfortunate event of the testator’s passing. If a person dies intestate (without having written a valid will), then the provisions under the Distribution Act 1958 will apply unless he or she is a Muslim in West Malaysia and Sarawak or is a native of Sarawak. If the person is in the state of Sabah, then the Intestate Succession Ordinance 1960 will apply. Both the act and ordinance set out the manner of distribution of any property to specific beneficiaries, after all outstanding debts (including taxes) are paid. In addition, the provisions under the Inheritance (Family Provision) Act 1971 allow the courts to grant an order that the maintenance of certain categories of dependents shall be reasonably provided for where such dependents have not been provided for, or are inadequately provided for, under the testator’s will.
Foreigners and Wills
Malaysia recognises the validity of international wills that relate to properties and assets owned by the testator in other parts of the world. However, it is highly recommended that a foreigner make a will in Malaysia under the following circumstances:
• They are living permanently in Malaysia and would be considered a ‘permanent resident’ of Malaysia at the time of their passing
• They own immovable properties in Malaysia (land and buildings, for instance)
Failure to make a will in Malaysia may mean that delays occur in the transfer of their properties and assets in Malaysia to their beneficiaries, wherever they may be. In short, having a will made in their country of origin that covers all assets is still valid, but there may still be delays when it is applied in Malaysia, especially when it involves immovable properties bound by administrative red tape. As such, it would be advisable to make a will in Malaysia addressing Malaysian properties and assets to avoid the risk of delays that may take years to settle.
Qualifying to Make a Will
There are three prerequisites that must be satisfied when making a will before it is considered valid:
• The testator must be at least eighteen years old as stipulated under the Age of Majority Act 1971 in West Malaysia and Sarawak, whereas in Sabah, the age of majority is twenty-one years old as stated under Section 4 of the Wills Ordinance 1953
• The testator must be of ‘sound mind’ (“testamentary capacity”) as provided by Section 3 of the Wills Act 1959
• The will must be in writing, and must also be signed by the testator (or affixed with the testator’s mark) at the foot or end of the will in the presence of two witnesses. The will must be attested by two or more witnesses in the presence of the testator and each other
Intestacy – Letter of Administration
When a person dies intestate (without leaving a valid will), there may be a delay in distribution due to the following:
• Choosing an administrator: the beneficiaries may not agree on the person intending to apply for the Letter of Administration. The Probate and Administration Act 1959 requires all lawful beneficiaries to waive in writing their right to be administrator when appointing an administrator
• Valuing the estate: a lot of time and manpower is required to locate, collect, assess and value all assets and liabilities. As a result, there will be increasing costs to the estate and its beneficiaries as the need for legal services, accountants, tax consultants and other professionals arises.
• Finding two sureties: the administrator must find two sureties to sign an administration bond, and the sureties must have assets within the jurisdiction equivalent to the value of the deceased’s estate. However, no surety is required if:
1. the estate does not exceed RM50,000
2. a trust corporation is being appointed as the administrator
3. the administrator is the sole beneficiary, in which case sureties are waivered at the discretion of the court (as per Section 35 of the Probate and Administration Act 1959)
• Lawful beneficiaries: When an individual dies intestate, their estate is distributed according to the Distribution Act 1958. Due to the delays caused by the factors mentioned above, sometimes the estate will have to be distributed to many beneficiaries who inherit from the original beneficiaries (who may have passed away over time), or who may have relocated to different countries. Even if there are no difficulties with having many beneficiaries or with finding them, the application of the intestacy law in Malaysia will create other difficulties as shown below, be it the Distribution Act 1958 or the Intestate Succession Ordinance 1960. In addition, the intestate will not be able to dictate the terms of the distribution of their estate to the people chosen to be beneficiaries, determine what assets are to be inherited by whom, or choose the manner of their distribution. Section 6 of the Distribution Act 1958 Provides the following:
Intestate dies leaving surviving: Distribution of Estate:
Spouse only (no parent(s) or issue) Spouse: whole estate
Spouse and parent(s) (no issue) Spouse: 1/2; parent(s): 1/2
Issue only (no spouse or parent(s)) Issue: whole estate
Parents(s) only (no spouse or issue) Parent(s): whole estate
Spouse and issue (no parent(s)) Spouse: 1/3; issue: 2/3
Parent(s) and issue (no spouse) Parent(s): 1/3; issue: 2/3
Spouse, parent(s) and issue Spouse: 1/4; parent(s): 1/4; issue: 2/4
No spouse, issue or parents The following person(s), related to the intestate and alive at the death of intestate, in the following order:
1. Brother(s) and sister(s)
2. Grandparent(s)
3. Uncle(s) and aunt(s)
4. Great grandparent(s)
5. Great grand uncle(s) and aunt(s)
In default of any person taking absolute interest under the foregoing provisions S.6(1)(a)-(i) Whole estate, except land, to the government (land remains frozen)
Employee Pension Fund (EPF)
It is highly recommended that all employees who contribute to the Employee Pension Fund (EPF) nominate their beneficiaries on the EPF nomination form. Failing this, the EPF assets will be distributed in accordance with their will. If the person dies intestate, then it will be distributed in accordance with the acts earlier stated.
Cancellation, Alteration and Revocation
A will is automatically revoked when one or more of the following circumstances occur:
• Marriage: marriage will revoke a will made earlier by the testator unless it was expressed in the will that it was made in contemplation of marriage, and shall not be revoked by the solemnisation of the marriage contemplated to the named fiancé(e) (Section 12, Wills Act 1959)
• Writing a new will: only the latest will would be recognised as the valid one by the courts (Section 14, Wills Act 1959)
• Declaration in writing of an intention to revoke the will: the testator makes a written statement about their intention to revoke the will. The said statement has to be signed by the testator in the presence of two witnesses
• Conversion to the Islamic faith: Section 2(2) of the Wills Act 1959 states that the Act does not apply to wills of persons professing the religion of Islam. When the testator (previously a non-Muslim) embraces the Islamic faith, the will made previously shall be void as it no longer comes under the ambit of the Wills Act 1959. The testator, after conversion, can write a new will in accordance with the Islamic Laws whereby only one third of the total estate can be disposed of by way of a will, and the remaining two thirds by Sijil Faraid (a certificate of Muslim inheritance law). If the Muslim testator would like to dispose of more than one third of their total estate, the consent of all lawful beneficiaries must be obtained
• Intentional destruction: a will can be burnt, torn or otherwise intentionally destroyed by the testator or a third party in the presence of the testator and under their direction, with the intention to revoke the will (s. 14). Accidental or malicious destruction by a third party does not render the revocation effective
Information provided by Michael J.C. Folk
Probiz Business Services
4 Lorong 14/37E, 46100 Petaling Jaya, Selangor D.E.
Tel:01 2236 7881 e-mail
Website
Well that is what Rockwills agent advised me for Msia, one will in SG and one will in Msia for the real estate....from the info kawansgmy provided below, seems to be that way too....however, besides the additional costs, the danger of doing that is whether the Msia will being the later will end up cancelling the SG will...
Thanks for the info and link! this info seems to tally to what Rockwills agent told me, but it is worthy to note the info is provided by Probiz Business Services, probably another will writer....
Actually doing a will in SG is not just for rich man but anyone who has assets like insurance proceeds that can amount to a few hundred thousands.... I see from the info that kawansgmy pasted, in Msia the intestate distribution is spouse and parents 1/4 each and children half. But in SG if one is married and have children and die intestate i.e with no will, the spouse and children will get half of the assets each i.e nothing for parents, so if someone who has spouse and children and wants to leave something for parents, then must do a will...
http://statutes.agc.gov.sg/aol/sear...25884c0 Status:inforce Depth:0;rec=0#pr7-he-.
Does anyone in this forum know eg. If a Malaysia property is owned by 2 people (eg. parent & child) and the parent dies, will the parent's share (ie. 50%) go directly to the child, without the need to have a will?
For instance, in the UK, if the property is held as joint tenants, the surviving party will naturally take over the share of the party who died.
However, if the property is held as "tenants-in-common", then the 50% owned by the parent will be distributed to the spouse or the children (if the spouse has died).
Just wondering whether Malaysia also works like UK?
For instance, in the UK, if the property is held as joint tenants, the surviving party will naturally take over the share of the party who died.
However, if the property is held as "tenants-in-common", then the 50% owned by the parent will be distributed to the spouse or the children (if the spouse has died).
Just wondering whether Malaysia also works like UK?
The default in Msia is tenancy in common as posted by forummer austin height in legal questions thread. see post #248.
It depends...if you believe the Msia lawyer then just 2 wills in Spore for you and wife will do as can use the Spore will to apply grant of probate in Msia...but if you believe in the will writers like Rockwills, they advised that although foreign will is accepted in Msia, there'll be delays and recommended to make another will in Msia for the Msia properties, in that case need 2 wills in MY and 2 wills in Spore for you and wife...
3人聯名1人去世‧產業份額如何分配？
2013-12-01 13:07
許女士說，她的丈夫與另外2名兄弟在10年前，聯名購買了一間房屋，如今，房屋貸款已經還清，可是，丈夫的哥哥今年中去世，其兄長在遺囑中提及，將他那一份房屋擁有權歸他的2個兒子。
請問：
“如果3人中，其中一個去世，在法律上，產業的份額將如何分配？另外，是否能夠將產業的擁有權歸到一個人名下？應該如何辦理手續？”
答：林若輝律師說，由於產業是由三方聯合持有，這意味個人各擁有三分之一的產業擁有權，假如丈夫的哥哥已不在世，他的三分之一擁有權，將根據遺囑轉移到他兒子的名下，這表示該產業將擁有更多名業主，儘管如此，許女士的丈夫和丈夫弟弟在有關產業的擁有權並不受影響。
假如許女士丈夫或其弟弟有意擁有整間房屋，待許女士丈夫哥哥的三分之一擁有權，轉到其2個兒子的名下，只要任何一方沒有意見，希望擁有完整單位的一方，可用市價將另外的三分之二業權買過來。
這購買的過程必須另外簽署買賣合約，假設買方有能力以現金將三分之二業權買過來，那麼就不必簽署貸款合約，如果恰好相反，那麼買方必須向銀行申請貸款，簽署貸款合約，手續與一般轉手市場的產業買賣大致上是沒有太大分別。
當然，這些手續都需要支付律師費、印花稅及其他各項開銷來完成。（星洲日報／投資致富‧產業問診‧文：鄭碧娥
http://property.sinchew.com.my/node/2317
2013-12-01 13:07
許女士說，她的丈夫與另外2名兄弟在10年前，聯名購買了一間房屋，如今，房屋貸款已經還清，可是，丈夫的哥哥今年中去世，其兄長在遺囑中提及，將他那一份房屋擁有權歸他的2個兒子。
請問：
“如果3人中，其中一個去世，在法律上，產業的份額將如何分配？另外，是否能夠將產業的擁有權歸到一個人名下？應該如何辦理手續？”
答：林若輝律師說，由於產業是由三方聯合持有，這意味個人各擁有三分之一的產業擁有權，假如丈夫的哥哥已不在世，他的三分之一擁有權，將根據遺囑轉移到他兒子的名下，這表示該產業將擁有更多名業主，儘管如此，許女士的丈夫和丈夫弟弟在有關產業的擁有權並不受影響。
假如許女士丈夫或其弟弟有意擁有整間房屋，待許女士丈夫哥哥的三分之一擁有權，轉到其2個兒子的名下，只要任何一方沒有意見，希望擁有完整單位的一方，可用市價將另外的三分之二業權買過來。
這購買的過程必須另外簽署買賣合約，假設買方有能力以現金將三分之二業權買過來，那麼就不必簽署貸款合約，如果恰好相反，那麼買方必須向銀行申請貸款，簽署貸款合約，手續與一般轉手市場的產業買賣大致上是沒有太大分別。
當然，這些手續都需要支付律師費、印花稅及其他各項開銷來完成。（星洲日報／投資致富‧產業問診‧文：鄭碧娥
http://property.sinchew.com.my/node/2317
My Chinese is half-baked. Roughly translated, it means if the house is under 3 pax ownership, and if 1 dies, this 1/3 share will go to the dead person's children. The 2 living owners cannot auto claim the dead person's 1/3 share? This sounds very complicated. Anybody can help to translate?
Ms. Xu said her husband and another two brothers 10 years ago, jointly purchased a house , and now, housing loans have been repaid, but the husband 's brother died this year , his brother mentioned in the will , the his ownership of a house owned by his two sons.
I ask you:
"If three people , one died in the law , the share of the property will be how to allocate ? Also, whether the ownership of the property 's return to a person name ? How should the formalities ? "
A: Lin Ruohui lawyer said, because the property is jointly held by the three parties , which means that each individual has a one-third ownership of property , if the husband 's brother is no longer alive , his third of the ownership will be transferred under a will to his son's name , which means the industry will have more owners , however, Ms. Xu 's husband, brother, husband and ownership in the property concerned and affected.
If Ms. Xu husband or brother intends to have a whole house , to be the husband of Ms. Xu brother's third ownership , go under the name of his two sons , as long as no opinion either party , the party wants to have complete units available the other two-thirds of the market price to buy the title over.
This process must be purchased additionally signed sale and purchase agreement , the buyer has the ability to assume that two-thirds ownership of cash will buy it , then do not sign the loan agreement , if the opposite happens , then the buyer must apply for a loan to the bank , signed the loan agreement , the formalities resale market, property and general trading generally is not much different .
Of course, these procedures are required to pay legal fees, stamp duty and other various overhead to complete. ( Sin Chew Daily / investment industry inquiry ‧ ‧ rich text : Zheng Bie
I ask you:
"If three people , one died in the law , the share of the property will be how to allocate ? Also, whether the ownership of the property 's return to a person name ? How should the formalities ? "
A: Lin Ruohui lawyer said, because the property is jointly held by the three parties , which means that each individual has a one-third ownership of property , if the husband 's brother is no longer alive , his third of the ownership will be transferred under a will to his son's name , which means the industry will have more owners , however, Ms. Xu 's husband, brother, husband and ownership in the property concerned and affected.
If Ms. Xu husband or brother intends to have a whole house , to be the husband of Ms. Xu brother's third ownership , go under the name of his two sons , as long as no opinion either party , the party wants to have complete units available the other two-thirds of the market price to buy the title over.
This process must be purchased additionally signed sale and purchase agreement , the buyer has the ability to assume that two-thirds ownership of cash will buy it , then do not sign the loan agreement , if the opposite happens , then the buyer must apply for a loan to the bank , signed the loan agreement , the formalities resale market, property and general trading generally is not much different .
Of course, these procedures are required to pay legal fees, stamp duty and other various overhead to complete. ( Sin Chew Daily / investment industry inquiry ‧ ‧ rich text : Zheng Bie
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Yeah basically the lawyer's answer reaffirmed that in Msia the default is tenancy in common and when 3 persons own the property and one died, the 1/3 share will go to the beneficiaries of the dead person's will, in this case the son of the dead brother...the rest of the lawyer's answer is about how to change the ownership from 3 persons to one person...
During the signing of the SPA, I asked the malaysian lawyer and basically, her reply was to have the property covered under the singapore will. When anything does happen, we would need to get a malaysian lawyer to apply for the grant of probate from the courts using the singapore will.
Separate discussions with a singaporean lawyer seems to correlate this point.
Oh thank you, I'll be doing that too, I trust my beneficiaries will know how to apply the grant of probate in the Msia court. Btw did your Msia or Spore lawyer say the Spore will must specify the Msia property or not? My will is those very simple type that cover all properties done by lawyer recommended by NTUC income will writing service and when I asked them subsequently on this matter, they told me they can't comment and asked me to check with Msia lawyer.....
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Sorry don't quite get what you mean... you saying Msia will has to be registered in Msia? Spore same also have some registry to register the Spore will for easier tracking, the lawyer will do the registration for you and receive a confirmation letter...
I would take this approach for myself. Unless I move to live mainly in Malaysia, in which case I will make a will to supercede the earlier one.
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