A probate lawyer in Malaysia plays an important role in helping clients apply for and obtain a grant of probate in Malaysia. This article explains the probate process in Malaysia and how to choose the right lawyer.
What is Probate Lawyer in Malaysia?
A probate lawyer in Malaysia is a qualified lawyer helping the executor of a will to apply for a grant of probate. A grant of probate is issued by the High Court of Malaya after the executor applies for it, and it allows the executor to manage a deceased's estate.
A grant of probate is given according to the Probate and Administration Act 1959. It is an important part of estate planning in Malaysia as it allows the appointed executor to handle the estate administration in Malaysia, which includes collecting assets and distributing them to the intended beneficiaries.
A probate lawyer can help in the process in these areas:
Legal Guidance
Depending on the situation, a probate lawyer can give legal advice on whether to apply for a grant of probate or letter of administration, or a small estate administration. Generally, a letter of administration is required when the deceased doesn’t have a will and the estate is not a small estate.
Whereas small estate administration is required when the deceased doesn’t have a will and the estate is a small estate. Under Section 3(2) of the Small Estates (Distribution) Act 1955, a'small estate' is defined as an estate that:
"includes wholly or partly immovable assets situated in Malaysia, with or without movable property, where the gross value of the person's assets does not exceed RM2 million".
Document Preparation and Filing For Probate Process
They will also assist the clients preparing all the documents required for the court proceedings to obtain letters of probates or letters of administration. If the client requires, the lawyer will also assist in preparing documents related to estate planning, such as a deed of family arrangement.
Representation in Probate Court
Furthermore, a probate lawyer will also represent the client in court, including answering queries from the court and assisting the executor and the beneficiaries in obtaining the grant of probate.
Steps in the Probate Process
The steps for estate administration using a grant of probate in Malaysia usually follow the below steps:
Identify executor
An executor is a person or organisation appointed by the deceased in his will to handle the estate administration. Usually, he is chosen amongst the family members.
An executor is responsible for administering the deceased’s estate including collecting the assets, paying debts, and distributing the remaining assets to the intended beneficiaries.
Preparing the documents and filing the application for a grant of probate
The executor then collects the required documents such as the deceased’s will, death certificate, and list of beneficiaries. Additionally, he should get a list of assets and liabilities and the identity card of the executor and beneficiaries.
After getting all these documents, he or the appointed lawyer then files these supporting documents with court papers such as originating summons and affidavit in the High Court following the Rules of Court 2012.
The main difference between a grant of probate and a letter of administration is that a distribution order in Malaysia is required for a letter of administration, but not required for a grant of probate.
Attend the hearing and obtain a grant of probate
Then, the court will fix a date for the executor and the lawyer to attend. Once the court is satisfied with the application, it will order a grant of probate to be given to the executor.
Administer the estates
After getting the grant of probate, the executor will have to administer the estate which includes:
(a) Collecting the assets
(b) Paying off the debts and liabilities of the estate and distributing the assets to the beneficiaries according to the will
When it involves the immovable property of the estate, the executor then may sign some forms that function like a vesting order in Malaysia to transfer those immovable properties to the intended beneficiaries.
How to Choose the Right Probate Lawyer
Here are a few steps for choosing the right probate lawyer in Malaysia:
Experience and Expertise
An experienced probate lawyer who's handled a lot of probate cases knows the ins and outs. They understand the procedures, laws, and practices of the local courts.
Client Reviews and Testimonials
Before choosing a lawyer, see what previous clients say about them. Just like reading restaurant reviews before going for dinner, client reviews offer a glimpse into the lawyer's reliability and communication style.
Was the lawyer easy to reach? Did they keep their clients in the loop? These are important things to know when making your decision.
Fee Arrangements
Finally, it's important to know how lawyers charge for their services. Some law firms in Malaysia may charge a flat fee, while others bill by the hour. Understanding the difference can help you budget better for your legal needs.
You can also enquire about any additional costs, such as court fees, travel charges, and other add-on services. This way, you won’t get hit with surprise bills later on.
Generally, the fees to obtain a grant of probate in Malaysia start from a few thousand ringgit. If you are looking for a law firm or probate lawyer in Kuala Lumpur, do contact us and we will assist you.
Conclusion
A probate lawyer primarily helps clients to obtain a grant of probate in Malaysia for estate administration. If you are looking for a probate lawyer in Malaysia, do contact us today and our team will assist you.
Frequently Asked Questions
1. How to get probate in Malaysia?
One can hire a probate lawyer to apply for a grant of probate in Malaysia. The steps are preparing the required documents such as the original will and death certificate and then applying to the High Court.
