Just a short note on Wills in Malaysia.
For non-Muslims, once a person passes on and leaves a Will behind, please see a lawyer with that Will as soon as possible. The lawyer would file a Petition into High Court and apply for a legal Document, called Probate.
The Lawyer would have to, inter alia file Affidavits affirmed by the 2 Witnesses to the Will, and also the Affidavit by the Executor/Executrix. All in all, it normally takes around 3-9 months (depending on which High Court you go to) to extract a Probate Order.
There will be a requirement to provide some money as Administration Bond, and that money will be paid into Court. This Bond operates as a quasi undertaking from the Executor/Executrix that he/she will perform their duties as per the Will.
With a Probate, the Will will be given effect and the person named as an Executor (male) of Executrix (female); in the Will, can now proceed to distribute the properties of the deceased as per the Will.
The Executor/Executrix will be a quasi-Trustee, and under the law, the duty expected of that person is onerous. In short the Executor/Executrix must be transparent and must not breach the duties expected of him/her. He/she may be sued in his/her personal capacity if there is a breach.
We will Blog on the Laws on Wills and also Laws governing people who passed on without Wills, in due time.
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