Estate Administration

Handling Inheritance Matters: A Guide to Navigating Legal Challenges

The passing of a loved one is a difficult time for us. Besides dealing with the sorrow of losing someone dear, we also have to face the legal issues related to the inheritance they have left behind. For many, this can indeed be a heavy burden. However, understanding a few key legal points can help alleviate some of this uncertainty and difficulty.

In Malaysia, under Non-Muslim Inheritance Law, a deceased person's estate is divided into two categories:

1. Estate with a Will: If the deceased has left a will, the family can apply for Probate in the High Court of Malaysia according to the instructions in the will to distribute the estate. The process of applying for probate usually takes 3 to 4 months, and the distribution of assets follows the directives outlined in the will.

2. Estate without a Will: If the deceased has not left a will, the family must apply for a Letter of Administration in the High Court. This process is generally more complex and time-consuming compared to applying for probate, partly because it requires the appointment of two sureties to ensure proper management of the estate.

In the case of a will, the probate application typically takes 3 to 4 months to complete. On the other hand, the application for a Letter of Administration, which follows the Distribution Act 1958, can take longer due to the need for additional administrative steps.

Distribution of the Estate:

• With a will, the estate is distributed according to the instructions provided by the deceased in the will.
• Without a will, the estate is distributed according to the rules set out in the Distribution Act 1958.