What is Wills, Probate & Estate Administration Law?
This area of law governs how a person’s assets are managed and distributed after their death. It involves drafting wills, applying for probate or letters of administration, and ensuring the lawful distribution of estates to beneficiaries. It also covers the creation of trusts and the appointment of executors or administrators to manage the deceased’s estate according to legal requirements.
Do I Need a Lawyer for this Law?
Yes. A lawyer can ensure that your will is properly drafted, valid, and compliant with Malaysian law. For families, a lawyer assists in probate applications, resolving disputes between beneficiaries, and managing complex estate matters such as property transfers or tax implications. Without legal guidance, delays or legal complications may arise, especially when the estate involves multiple properties or beneficiaries.
Signs That You Need a Area Lawyer
You should consider engaging a wills & probate lawyer if:
- You want to prepare a will to ensure your assets are distributed according to your wishes.
- A family member has passed away, and you need to apply for probate or letters of administration.
- There is a dispute among beneficiaries over estate distribution.
- The estate includes multiple properties, trusts, or business interests.
- You wish to set up a trust for your children or dependents.
What Is the Role of a Wills & Probate Lawyer?
At CHIONG & PARTNERS, our lawyers assist clients in all matters related to wills and estate administration, including:
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Drafting and reviewing wills to ensure validity and clarity of intention.
- Applying for probate (where a valid will exists) or letters of administration (if no will exists).
- Advising executors and administrators on their duties, responsibilities, and legal procedures.
- Managing estate distribution, including property transfers, settling debts, and ensuring beneficiaries receive their entitlements.
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Setting up trusts for family protection, business succession, or charitable purposes.
- Resolving estate disputes through negotiation, mediation, or litigation if required.
Our Working Process
Our approach is designed to make corporate legal work clear, strategic, and practical:
1. Initial Consultation
Understanding your personal or family situation and advising on suitable options.
2. Document Preparation
Drafting the will, trust deed, or probate application with clear legal terms.
3. Filing & Verification
Submitting documents to the High Court and ensuring compliance with probate procedures.
4. Estate Administration
Assisting with property transfers, debt settlements, and distribution to beneficiaries.
5. Completion & Advisory
Providing final documentation and guidance on future estate planning.
Questions You May Wonder
The estate will be distributed according to the Distribution Act 1958, which may not reflect the deceased’s wishes. A lawyer can help apply for letters of administration to manage and distribute the estate.
It is recommended to review your will after major life events such as marriage, divorce, childbirth, or acquiring new assets.
Yes, provided it is properly signed and witnessed according to the Wills Act 1959. However, professionally drafted wills are more secure and less likely to face challenges.
Probate applies when there is a valid will; letters of administration apply when there is no will. Both processes involve obtaining court approval to manage and distribute the deceased’s estate.
