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Probate Law in Kuala Lumpur, Malaysia, deals with the legal process of administering the assets of a deceased person. According to this law, the assets of a deceased person cannot be transferred to the beneficiaries without a grant of representation, which is the legal authority to manage the deceased's estate. This legal process ensures that the deceased's debts and taxes are paid and that the remaining assets are distributed according to his or her will or, in absence of a will, according to the law.
Probate can be a complex and time-consuming process. Often, individuals may require a lawyer to help navigate the intricacies involved with obtaining a grant of representation, filing necessary documents, dealing with any disputes that may arise, and ensuring the fair and accurate distribution of assets. A lawyer can also assist in cases where there is no will or if the will is contested.
The primary law concerning probate in Kuala Lumpur is the Probate and Administration Act 1959, updated in 2017. If a deceased person has left a will, an executor named in the will would apply for a Grant of Probate. If there is no will, a next of kin applies for a Letter of Administration. The Distribution Act 1958 sets out the rules for distributing the deceased's estate if there is no will. It's worth noting that in Malaysia, Sharia Law applies to Muslim estate distribution. This makes the procedure considerably different for Muslim residents and further highlights the need for a specialized lawyer.
The duration of the probate process can vary greatly, typically taking anywhere from several months to over a year, depending on the complexity of the estate, disputes, or any issues that may arise.
If there is no will, the deceased's estate will be distributed according to the Distribution Act 1958, with the spouse, children, and parents being the top priority.
Yes, you can, but it is highly recommended that you seek legal advice as the process can be complex and tedious. If not properly conducted, it can also lead to legal disputes.
Contesting a will involves complex legal procedures and hence, it's suggested that you should seek advice from a legal professional. In general, to contest a will, one must show valid legal reasons such as fraud, forgery, undue influence, or testamentary incapacity.
Whether or not probate is necessary can depend on the types of assets and their total value. It is best to seek legal advice in this situation as different rules may apply.
The Kuala Lumpur Bar Committee Legal Aid Centre provides legal advice and aid to those in need. The High Court in Kuala Lumpur is the authority to which probate cases are submitted. The Malaysian Law Library and the Malaysian Bar websites also offer resources and information related to probate.
If you require legal assistance in probate matters, it is advisable to engage a seasoned probate lawyer. They will guide you through the initial application for a grant of probate or letter of administration, till the final settlement of the estate according to the deceased's wishes or the law. Inquire at law firms and always ensure any lawyer you consider is properly accredited.
