Saturday, May 27, 2017

In Malaysia, what happen when a person dies without a Will?

When a person who owns assets in Malaysia passes away without a Will, generally, the immediate family of the deceased needs to appoint an Administrator who will apply a document called Letter of Administration at the High Court. However, there are also some exceptions to this.

Who are the immediate family? If a husband dies, his immediate family are his surviving spouse, his surviving parents and children.

To apply The Letter of Administration, the Administrator needs to find two guarantors or sureties.  The two guarantors are required by the High Court by way of bond equivalent to the gross estate value of the deceased's assets.

Administrator can be one of the legal beneficiaries or any one who are able to produce the sureties.

This lenghtly process to apply Letter of Administration may take a couple years.

This process is also apply to foreigners who owns assets in Malaysia.

By

Chong Mok Yong
012 3039383

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