Skip over navigation Access key details
About Contact

Probate - Step-by-Step Guide & Precedents by C M Teng

Getting the matter underway

Overview

Do we need a grant of probate or letters of administration?

Initial file opening precedents

File cover sheetInstruction sheet - Estates

Executors

Initial letter to spouse executorInitial letter to executorLetter of appointment and authorisation

Authority precedents if required

Letter to another solicitor with authority to obtain willAuthority of executor to obtain will from another solicitor

Missing Will precedents if required

Pro forma letter looking for missing willLetter to Bar Council with advertisement for missing willAdvertisement for missing will for Bar Council website

Certificate precedents if required

Letter applying for death certificateApplication for certificate of death (Form JPN.LM 13)Application for birth certificateApplication for marriage certificate

Beneficiaries

Estate taxes

Income tax

Real property gains tax

Initial letters to asset holders requesting information

Sample letters & precedents to asset holders

Letter to bankLetter to company for debenture particularsLetter to company or share registrar for share particularsLetter to employerLetter to insurance companyLetter to nursing homeLetter to superannuation fundLetter to bank on loan with mortgage reducing term assurance

Probate

Required documents for grant of probate

Completing the petition for grant of probate

Probate precedents

Petition for grant of probate - sole executor, surviving executor or 1 of the executorsPetition for grant of probate - 2 executorsPetition for grant of probate - Trust corporationCertificate identifying exhibit - 1 executorCertificate identifying exhibit - 2 executorsCertificate identifying exhibit - Trust corporationCertificate identifying exhibit - WitnessesAppointment of solicitors - single petitionerAppointment of solicitors - Two petitionersSchedule of assets and liabilitiesAdministration oathGrant of probate

Affidavit of attesting witnesses

Affidavit of attesting witness (1)Affidavit of attesting witness (2)

If Required

Other court precedents

Renunciation of probateExplanation for delayPetition for grant of probate - Additional name

If Required

Lost will

Petition for probate - will as contained in a copy, draft & reconstructionOriginating summons for order that copy of will be admitted to proofAffidavit in support for order that copy of will be admitted to proofAffidavit by solicitor - prepared and attested execution of willl

Precedent letters to court

Letter to court enclosing petition for probateLetter to court enclosing documents for engrossing of grant of probateLetter to court authorising collection of grant of probate

Reseal of Probate

Reseal

Petition for resealing of grant of probateProvision in petition - Attorney to attend court and execute documents on behalf of petitionersOrder resealing of grant of probateSeal of the courtAppointment of solicitors - ResealingSchedule of assets - ResealAdministration oath - Reseal

If Required

Power of attorney precedents

Power of attorney to attend courtPower of attorney - Attend court and execute documentsProvision in petition -Attorney to attend court on behalf of petitioners

Precedent letters to the court

Letter to court enclosing petition for resealing of grant of probateLetter to court enclosing documents for engrossing resealed grant of probateLetter to court authorising collection of resealed grant of probate

Applications for Executor and Administrator Commission

What does the court consider in awarding commission

Percentage

Professional Executors

Executor as Beneficiary

Is tax payable on Commission?

The application for commission

Commission precedents

Originating summons - CommissionAffidavit in support - Commission

Finalising the matter

If Required

Deed of Family Arrangement

Example deed of family arrangement

Final file precedents

Letter to administratorLetter to executor

This publication is available as part of:

Probate - Step by Step Guide & Precedents

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.

About the author

This guide has been authored by CM Teng with By Lawyers For Lawyers.
Teng Chong Moi graduated with a Bachelor of Business Administration from Universiti Kebangsaan Malaysia before proceeding to do her law degree. After completing her Certificate in Legal Practice, she joined a large law firm... See more.

© 2010 Smokeball. All rights reserved. Terms of Use.