Wills, Probate and Estate Administration in Penang: What You Need to Know

Planning what happens to your property, and dealing with the estate of a loved one who has passed away, are among the most important legal matters a family faces. This guide explains wills, probate and estate administration in Malaysia in plain terms.

Why make a will?

A will lets you decide who inherits your property, appoint the executor you trust to carry out your wishes, and name guardians for young children. Without a valid will, your estate is distributed according to the Distribution Act 1958, which may not reflect what you would have wanted and can make the process slower for your family.

Probate: when there is a will

When a person leaves a valid will, the executor named in it applies to the High Court for a grant of probate. The grant confirms the executor's authority to collect in the assets, settle debts, and distribute the estate to the beneficiaries.

Letters of administration: when there is no will

Where there is no will, a close family member usually applies for letters of administration to be appointed as administrator of the estate. This process can be more involved — for example, sureties may be required in certain cases — which is one reason making a will is so valuable.

What the process involves

• Identifying and valuing the assets and liabilities of the estate;

• Applying to court for the appropriate grant;

• Settling debts, taxes and expenses; and

• Distributing the remaining estate to those entitled.

How Khaw Ewe Seng & Co. can help

With decades of experience in wills, probate and estate matters, our firm can prepare a will that reflects your wishes, and guide executors and administrators through the court process with care and discretion at what is often a difficult time.

Khaw Ewe Seng & Co. — Advocates & Solicitors. 605 & 607 (1st Floor), Jalan Dato Keramat, 10460 George Town, Penang. Tel: +60 4-226 6212. Established 1976.

Disclaimer: This article is general information about Malaysian law and is not legal advice. Every case turns on its own facts. Please consult a lawyer about your specific situation.