Seremban Probate Lawyers
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We understand that grieving families may not wish to deal with the issue of inheritance and application for grant of probate during these difficult times. However, you can trust us to act quickly and confidentially to secure your family’s interest in probate applications.
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Frequently Asked Questions On Grant Of Probate In Malaysia
What is a grant of probate?
Probate is granted by Court to confirm the appointment of the Executor(s) and the validity of the will.
Why do I need to apply for grant of probate?
A grant of probate is necessary enable the Executor(s) to collect the Deceased’s assets for the purpose of distribution to the beneficiaries in accordance with the Will. Most institutions (e.g. banks, land offices, government agencies) will not release the Deceased’s assets to the Executor without a valid grant of probate.
Who can apply for grant of probate?
The Executor(s) named in the will can apply for a grant of probate.
How long does it take to get a grant of probate?
It usually takes about 2 – 4 months from the date of filing to obtain grant of probate. This depends largely on the Court’s case load.
What is the process of applying for grant of probate?
The process begins with preparing the cause papers to be filed in court. This includes, preparing a list of assets and list of beneficiaries. Next the cause papers are filed in court and a hearing date is fixed. After the hearing, court will pronounce the order for grant of probate and the lawyers will extract a copy of the grant from the court’s e-filing system. Finally certified true copies of the probate documents are obtained from court.
What documents are needed to apply for grant of probate?
The following documents are needed:
- Original Will
- Original death certificate
- Copy of the NRIC for the executor(s), witnesses and all beneficiaries
- List of the Deceased’s assets together with any documents evidencing the Deceased’s ownership of said assets
How do I know if the Deceased has written a Will?
In most cases, the Testator (the person writing the will) informs the executor(s) about the existence of the will and its location.
How do I know if a grant of probate has already been obtained?
In some cases, beneficiaries and next of kin are unaware that probate has been granted as their consent is not required for the probate application. In such cases, the beneficiaries may enquire at the probate registry at the High Court on whether a grant of probate has been extracted.
Where should the application for grant of probate be made?
The application is generally made at the High Court in the state in which the Deceased lived at the time of death.
What is the Executor is deceased or refuses to apply for grant of probate?
The Court may appoint an administrator to step in and perform the duties of the executor. Under such circumstances the will will be annexed and used to ascertain the intentions of the testator for the distribution of the estate.
What if the Deceased passed away abroad?
If the Deceased domiciled in Malaysia with assets only in Malaysia but passed away abroad, the death must be registered in Malaysia before an application for grant of probate is made.
What if a grant of probate was obtained abroad?
If the Deceased has assets in Malaysia, the foreign grant of probate may be resealed in Malaysia to enable the executor to deal with the assets in Malaysia. Only a grant of probate obtained from a Court of a commonwealth country may be resealed in Malaysia. If the grant of probate was obtained in a non-commonwealth country, an application for a fresh grant of probate must be made in Malaysia.
What if no Executor is named in the Will?
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What is the cost of applying for grant of probate?
The costs involved varies depending on the complexity of the matter and the number of documents to be filed in court. Contact us today to arrange for a free consultation and quotation.
When must an application for grant of probate be made?
The application should be made within 3 years from the date of the death. If there is a delay in filing the application, the reason for this delay must be explained to the court.
What are non-contentious probate proceeding?
Non-contentious proceedings take place where the petition for grant of probate is not challenged or disputed.
What happens if a beneficiary passes away after the testator?
The interest in the portion of the testator’s estate that the deceased beneficiary is entitled to shall vest in the deceased’s beneficiary’s estate.
What if an asset is left out from the probate documents?
If it is later discoved that an asset belonging to the Deceaesd was not included in the list of assets filed in court, an application must be made to court to amend the list of documents to include the said asset.
Can a grant of probate be challenged?
Yes, probate can be contested on grounds such as the will being invalid, lack of testamentary capacity, undue influence, fraud, or if proper procedures weren’t followed during application.
Who needs to be present at the court hearing?
Only the executor(s) and their lawyer are required to be present during the hearing.
What happens during the probate hearing?
During the court hearing, the Registrat shall inquire into all relevant matters i.e. the identity of the executor, the relationship with the deceased etc. The Registrar shall also examine the original Will to ensure that it is valid.
Which lawyer do I go to to apply for grant of probate?
There is no requirement to return to the same lawyer that drafted the Will. The executor may decide which lawyer to appoint.
What if the witnesses to the Will are deceased or cannot be located?
Provided that the application for probate is not contested, the Will may still be valid as long as the applicant can satisfy the court of the validity of the witness’s signature.