Q&A For Wills (General)

Frequently asked questions:

Can I distribute my EPF contribution made through the years on my will?
Please note that you would have nominated someone (beneficiary) on your EPF forms. If this is the case, then the EPF nomination in the forms will take precedence over whatever stated in your will.

 

How long does it for my beneficiaries to extract a letter of administration (meaning I have no will) or a probate (a will is present) from the court?
Depends, application for probate is faster with approximately 6 month to 1 year whereas extraction of a letter of administration is longer, can even take up to 2 years.

 

What is Small estate mean?
Firstly, please note the distinction between an extraction of a letter of administration only in circumstances where the deceased died without a will will it go to the Small estate instead of the court. Small estate means the estate of the deceased only consist of immovable property and the value (collective) is less than RM 600,000.00.

 

When I draft a will, how many executors do I need to appoint?
You can appoint from 1 to 4 executors. If there is a life interest (rental income and etc, restriction on the asset i.e from selling) or minor interest (before the beneficiary attain age 18), then you require at least 2 executors.

 

Can I put foreign located property (movable or immovable) in my will when I draft my will under Malaysian jurisdiction?
Yes, you can. First, you obtain an order from the court to extract the probate, the order will have to be re-sealed by the foreign court where the property is located in order for you (the beneficiary) to deal with the property.

 

Can a foreigner be an executor?
Yes, subject certain conditions like other jurisdiction where the foreigner decides like estate duty tax in their respective countries when the property is vested under their name.

 

 

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