Category: PROBATE AND ADMINISTRATION OF ESTATES

Who is an intestate? A person who dies without leaving a valid will is said to have died intestate. Types of intestacy                                                          Intestacy can either be total or partial. 1) Total Intestacy Total intestacy occurs when a person dies without…

Faraid is a concept in Islamic Law, which determines the distribution of a deceased’s property to heirs in portions as set out in Al-Quran, As-Sunnah and Al-’Ijma.  Before proceeding any further, a few terminologies should first be understood. With these…

Wasiyyah, hibah and faraid are instruments in property planning provided under Islamic law. It is thus important for Muslims to understand what these instruments are. Will (Wasiyyah/Wasiat) “It is prescribed that when death approaches any of you, if they leave…

What is a Personal Representative? According to s2 of the Probate and Administration Act 1959 (“PAA”), a personal representative (“PR”) means the executor or administrator for the time being of a deceased person, and as regards any liability for the…

One of the requisites to establish a valid will is attestation. But what is attestation and what are the requirements for attestation? First and foremost, “attestation” is defined as testimony or confirmation that something is true, genuine, or authentic. An…

According to s5(2) of the Wills Act (“WA”), every will shall be signed by the testator, or by some other person in his presence and by his direction; such signature shall be made or acknowledged by the testator in the…

Ever wondered what does it mean when someone tells you that a will has to be in writing? First and foremost, it should be understood that the general rule is as seen in s5(1) of the Wills Act (“WA”) whereby…

Did you know that wills can be revived or republished? Here’s what you need to know about both topics. Revival First and foremost, s16(1) of the Wills Act 1959 (“WA”) states that no will that has been revoked can be…

What is a Secret Trust? A secret trust is a trust which arises when property is left to a person under a will on the understanding that they will hold the property as trustee for the benefit of beneficiaries who are not named in the will. In simple terms, this…

Have you ever wondered one day when you pass away, who is going to manage and pay for your assets and liability? Let us look into this scenario… Mr. X is a Chicken Rice seller. He has 1 hawker stall,…

When a Will can be Revoked?   Marriage Your Will is automatically revoked if you marry or remarry. An exception to this is where your Will expressly provides a ‘contemplation of marriage’ clause that you are expecting to get married…

Will The purpose of making a will is to ensure that after one’s death, the property of the person making the will (“the Testator”) will be distributed according the wishes of the testator.   Problems in lacking a Will Lacking…

A will is an important document in which it determines who will have your property when you die. A lawyer is not necessary in drafting a will though it may be helpful. However, if you choose to DIY your will,…

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…

This pamphlet explains what a will is under the Will Act 1959 (the Act) and what happens to your assets and liabilities (Estate) after your death. copyright of Bar council Malaysia 1. WHAT IS A WILL? 1.1 A WILL is…

  GRANT OF LETTERS OF ADMINISTRATION @An Administrator is the person to whom a Grant of Letters of Administration is granted by the Court to administer the Estate of the deceased in the following cases: (a)                 Grant of Letters of…