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Wills, Trusts, Probate and Administration of Estates

Property and Real Estate Law

Secure the future for your loved ones

Our estate lives on after our death, and it can either be a source of protection and benefit in accordance with our wishes, or it can be a source of dispute and unhappiness between family members. Ensure that your loved ones are taken care of in the way that you want. We assist our clients and their loved ones in planning for the future and carrying out such plans when the time comes.

Frequently Asked Questions (FAQ):

There are 3 requirements which must be satisfied for a will to be valid, that is, testator’s capacity, testator’s intention and the formalities for execution. With regards to testator’s capacity, the testator must be aged 18 and above (for Peninsular and Sarawak) or 21 and above (for Sabah), and have the requisite mental capacity when he executed his will. This testamentary capacity was defined in common law as “soundness of mind, memory and understanding”. Further, the testator must have both general and specific intention at the time he executes the will. If he executes the will without knowing and approving its contents, the will is invalid and cannot be admitted to probate. Lastly, the will must be in writing, signed by the testator in the physical and mental presence of at least two witnesses.

The personal representative shall only have full power to undertake the administration of the estate after obtaining the grant of representation. The administration of estate may be divided into the following states:-

  • considering the duties and powers available to the personal representatives in carrying out their task;
  • collecting the deceased’s estates’
  • paying the deceased’s funeral and testamentary expenses and debts;
  • distributing the legacies; and
  • completing the administration and distributing the residuary estates.

There are four types of Grant of representation, that is, Grant of Probate, Grant of Letters of Administration with Will Annexed, Grant of Letters of Administration and Grant of Letters of Administration de bonis non.

Grant of Probate is granted where there is a valid will and a proving executor. Grant of Letters of Administration with Will Annexed is granted where there is a valid will but no proving executor. Grant of Letters of Administration is granted where the deceased died intestate. Grant of Letters of Administration de bonis non is granted where probate or letters of administration have been extracted but before the administration of the estate is completed, the executor or the administrator dies, absconded or incapacitated.