Definitions

Grant of Probate: 

A probate is the process of verifying and registering the Last WILL of a Deceased person in the High Court of Malaya.
The Executor named in the WILL usually appoints Lawyers to the probate Grant of Probate.

Letter of Administration:

A letter of Administration is the process of obtaining an Order in Court to empower an individual appointed as administrator / Trustee to Administer the Estate of a Deceased and distribute the assets in accordance with the provision of the Distribution Act 1958.

Beneficiaries

Where there is a WILL, the beneficiaries under the WILL are those to whom the estate of the WILL-Maker has been gifted. Where there is no WILL then the distribution of the assets is governed by the Distribution Act 1958, excepting those professing the Muslim religion. In such a case, distribution and the right of succession are governed by the Islamic Law of distribution.

In the event a person dies without making a WILL and without surviving spouse, child or parent, the following person (s) are entitled to the estate in accordance to priority: -
i) Brothers & Sisters
ii) Grand Parents
iii) Uncle & Aunts
iv) Great Grand Parents
v) Great Uncles and Aunts
vi) Government
(see Distribution Act 1958).

The Law 

∙ Probate and Administration Act 1959
∙ Orders 71 & 72, Rules of Court to check
∙ Distribution Act 1959
∙ Small Estates (Distribution) Act 1955
∙ Inheritance (Family Provisions) Act 1971
∙ WILLs Act 1959
∙ Case Law

Documentation required for Court Order process 

a. Original WILL (if available) / Details of witnesses b. Original death certificate
c. Mykad of executor
d. Comprehensive and complete list of Assets and liability: -

	• Copy of property Grant / Title • Copy of vehicle Grant / Title • Copy of all Bank Account Details and latest Bank Statements • Copy of Share Certificates and Share Account Details • Copy of all Life & General Insurance Policies • Copy of all Loan Statements • Any other relevant statements of Assets and Liabilities

e. List of All Beneficiaries

	• Birth Certificates • Marriage Certificates • MYKAD / Passport