Rockwills2u.com.my - Frequent Ask Questions

In what situation do we apply for Grant of Probate or Grant of Letters of Administration?
When there is a Will left behind by the deceased, immediate family members will apply for Grant of Probate. However when he/she dies without a Will, the family members have to apply for Letters of Administration.
What is Letters of Administration (LA)?
Letters of Administration is an authority given under the seal of the Court for the administration of the estate of a person who has died without a Will.
What is Grant of Probate (GP)?
The Court order that formally authorize the Executor to administer the deceased’s estate according to the Will.
What happen if someone dies without a Will?
The estate of the deceased is frozen. The immediate family members need to apply for Letters of Administration to unlock the deceased estate before transferring to his/her family members.
Can Probate be granted on a copy of a Will?
Yes, provided it is proved that the original Will has been lost or accidentally destroyed.

Please do not let this happen to your family!
Write a Will to ensure this will not happen!

Can the witnesses and the testator sign on the Will at different time?
No, both the witnesses and the testator must sign the Will at the same time. The function of the witnesses is to confirm and verify the state of mind of the testator as being sound mind.
What happen if both witnesses to the Will have died or cannot be located when the Will is submitted to the Court for Probate?
The Court will require an affidavit from the person who was present when the Will was executed. If there is no such person, it will require an affidavit from a person who can verify the authenticity of the testator’s signature.
Can I make alterations to my Will without writing a new Will?
It is advisable to write a new Will if the alterations are substantial. If it is a minor alteration - a typing error, for example, you can alter your Will and sign beside the alteration in the presence of the same witnesses. After that, the witnesses will also be required to sign beside the alteration in order for it to be effective.
Does a Will need to be stamped and sealed?
A Will does not need to be stamped to be valid. Sealing a Will only serves the purpose of confidentiality.
Who is testator?
Testator is a person who makes a Will.
How long it takes to apply a Grant of Probate?
Normally shorter than LA application, it varies from a minimum of six months to a year, depending on the size of the estate.
I have written a few Wills, which I have lost. Recently I had another Will written. If any of my old Wills are recovered after I die, which will be the valid Will?
The latest one.
Can I sell away my assets mentioned in my Will?
Yes, you can, once you have sold off any of the assets mentioned in the Will, the respective beneficiary will receive nothing as on the date of your death, there is no such asset.
I will be getting married in a few months' time. I understand that if I write my Will now, my marriage will revoke it. What do I do in the meantime?
You can write a Will now, but put it a clause stating that your ‘contemplation of marriage’ will not revoke your Will. The name of the person whom you are marrying must also be stated in the Will.
I have written a Will five years ago. Since last month, I have become a Muslim, is my Will still valid?
No, once a person professes Islam, the distribution of his/her estate will be governed by Syariah Law.
What are the advantages of having a Will written?

You provide for your beneficiaries in the way you choose rather than letting the Law decides for you.
Expedite legal process.
No sureties required.
You may appoint guardian of your choice for your infant children.
You exercise the right to appoint people of your choice to administer your estate and to carry out your wishes so as to safe guard the interest of those you love and care.
It costs less in term of legal fees and time to apply for Grant of Probate than letter of Administration.

What are the duties of the Trustee in a Will?

Continue to administer the estate where the properties cannot be distributed, e.g., for a minor.
Manage the estate according to the instructions and powers given by Will and the Trustee Act a949.

After signing the Will, the testator divorces his wife whom is a beneficiary in the Will, will she be able to receive the gift mentioned in the Will?
Yes, she will. Divorce, unlike marriage, does not revoke a Will. Therefore, if you have divorced or separated, you should consider rewriting your Will.
Can I will away my foreign assets?
Yes, only the movable assets in foreign country. The immovable assets will follow the law of the country domicile.
What is domicile and what is lex situs?
Domicile is the country in which a person is or is presumed to be permanently resident and lex situs means the law of the place where the property is situated. It is the general rule that for movables the law of the testator’s domicile applies, whereas for immovable, it is the lex situs that applies.

Page: 1 | 2 | 3

If you have any queries on Will-Writing, please call us 03-7877 9939 or e-mail alvinleow@rockwills2u.com.my