Completing the petition for grant of probate
The Petition for Grant of Probate should show the correct name of the deceased and if different from the will to state (in the will called……) and to provide an explanation in the petition. If some name in addition to true name is required, state (also known as …) and in the petition state the true name and depose that some parts of the estate as specified, were held in the other name. If the executor’s name is different from the will state (in the will written as….) and provide the explanation in the affidavit of the executor.
Where an application for a grant is made for the first time after a lapse of 3 years from the date of death, the reason for the delay must be set out in the petition.
A copy of the certificate of death of an executor who has died must be annexed to the petition.
Although the beneficiaries can be ascertained from the will which is annexed to the petition, as a matter of practice, those entitled under the will are required to be set out in the petition.
The same with assets and liabilities. Although there is no longer estate duty payable (death after 31 October 1991), there is still a requirement to set out the assets and liabilities in the form of a schedule of assets and liabilities annexed to the petition together with the estimated values stated for each of the assets.
Asset holders may well not deal with the executor unless the asset is disclosed in the schedule of assets and Liabilities. If any asset is discovered after the filing of the Petition or after the grant has been issued, an application to amend the schedule of assets and liabilities must be made. This application is by way of a summons in chambers supported by an affidavit with the grounds set out.
This preview is an excerpt from the following publication. this publication for access to all the commentary and precedents.
Probate - Step by Step Guide & Precedents
by By Lawyers For Lawyers author - C M Teng
Overview
This publication gives practical guidance through the law governing the process of obtaining letters of administration in Western Malaysia.
The commentary and precedents provides systematic instruction through all issues likely to arise in general practice including;
- Grant of Probate
- Estate Taxes
- Reseal of Probate
- Application for Executor and Administrator Commission
This guide will ensure compliance with the Probate and Administration Act 1959 and the extensive procedural law as set out in the Rules of the High Court 1980. The precedents in this work are for use in the states of West Malaysia.