PROBATE AND ESTATE ADMINISTRATION
Preserving
Legacy.
Protecting
Beneficiaries.
Legal counsel for the administration of deceased
estates in Malaysia, from obtaining a Grant of Porbate or
Letters of Administration to the distribution of assets under
the Distribution Act 1958, wills and Islamic inheritance law.
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WITH A WILL
Grant of Probate
Empowers the named executor to collect, manage and distribute the estate according to the will’s terms under the Probate & Administration Act 1959.
WITHOUT A WILL
Letters of Administration
Court appointed administrator manages distribution under the Distribution Act 1958 (non-Muslim) or Sijil Faraid (Muslims).
MUSLIM ESTATES
Faraid & Hibah
Islamic inheritance law distribution administered by the Syariah High Court with a Sijil Faraid computation.
SMALL ESTATES
Small Estate Office
Immovabale property not exceeding RM 2 million via the Small Estates Distribution Act 1953 which is lower in cost.
LEGAL SERVICES
Our Probate &
Administration
We advise executors, administrators, beneficiaries and creditors across the
full spectrum of estate proceedings in respect of contentious and non-contentious
in the High Court and before the Small Estates Distribution Unit.
With a Valid Will
Grant of Probate Applications
Where the deceased left a valid will, the named executor must apply to the High Court for a Grant of Probate which is the formal authority to administer the estate. Dhyan & Co prepares and files the application, obtain the grant and guides executors through their duties from collection of the assests to final distribution.
- Filing of Originating Summons in the High Court (Probate Division) Kuala Lumpur with supporting affidavits and death certificate
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- Advertisement of notice to creditors and beneficiaries in Bahasa Malaysia and English newspapers
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- Preparation of the Inventory & Account of the estate for submission to the Registrar
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- Advice on executor’s personal liability, duties of care, and tax obligations including RPGT
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- Transfer of land titles, shares, EPF nominations, and insurance proceeds to beneficiaries
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- Application for Resealing of foreign Grants of Probate for assets held in Malaysia
“A grant of probate may be made to one or more of the executors.”
Section 3 — Probate and Administration Act 1959 (Act 97)
Intestate Succession
Letters of Administration
Where a person dies intestate (without a will), the Court grants Letters of Administration to a qualified person — typically the surviving spouse or next-of-kin — to administer the estate. Distribution then follows the statutory rules under the Distribution Act 1958
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Identification of the appropriate administrator and assessment of priority under the Probate & Administration Act 1959
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Surety bond — we advise on the bond amount and can facilitate bank guarantees where sureties are unavailable
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Preparation of the Schedule of Assets and estate valuation for court submission
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Computation of statutory shares for spouse, children, parents and siblings under the Distribution Act 1958
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Representation at court for contentious administrator appointments where multiple parties apply
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Revocation of Letters of Administration and substitution applications
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“Where a person dies intestate, his property shall be distributed among his survivors in accordance with this Act.”
Section 6 — Distribution Act 1958 (Act 300)
Contentious Probate
Contested Probate & Will Challenges
Contested Probate & Will Challenges
Wills are frequently challenged on grounds of lack of testamentary capacity, undue influence, fraud, or improper execution. We act both for those seeking to propound a will and those challenging its validity — including applications to revoke a grant already obtained by a rival claimant.
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Challenges on grounds of lack of testamentary capacity — including expert medical evidence as to the deceased’s mental state at the time of execution
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Undue influence and coercion — particularly in cases involving caregivers, late-life changes, and suspicious circumstances
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Fraud and forgery — including forensic handwriting evidence and police reports
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Formal invalidity — failure to comply with Section 5 Wills Act 1959 (writing, signature, two witnesses)
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Construction disputes — where the will is ambiguous and the Court must determine the testator’s true intention
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Citation proceedings to compel an executor who delays in proving the will to either prove or renounce probate
“Every will shall be in writing and signed at the foot or end thereof by the testator… in the presence of two or more witnesses present at the same time.”
Section 5 — Wills Act 1959 (Act 346)
Simplified Administration
Small Estates Distribution
Where a deceased’s immovable property does not exceed RM 2 million, the estate may be administered through the Small Estates Distribution Unit under the Land Office — a significantly faster and more cost-efficient process than High Court probate. We guide families through the entire SEDU process including objections and appeals.
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Filing of the application (Form A) at the Land Office of the district where immovable property is situated
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Preparation of supporting documents: death certificate, title deeds, statutory declarations from beneficiaries
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Representation at the Small Estates Distribution Officer (SEDU) hearing — where disputes between beneficiaries are common
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Objections and appeals to the High Court under Section 41 of the Small Estates (Distribution) Act 1955
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Advice on assets excluded from SEDU jurisdiction (movable property, shares, bank accounts — dealt with separately)
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Coordination with banks, Bursa Malaysia, and share registrars for release of non-land assets alongside the SEDU order
“The District Land Administrator shall have jurisdiction to distribute the estate of any deceased person consisting of immovable property not exceeding two million ringgit in value.”
Small Estates (Distribution) Act 1955 (Act 98) — Section 8orem ipsum
Post-Grant Work
Estate Asset Collection & Realisation
Once a Grant of Probate or Letters of Administration has been obtained, the real work of administering the estate begins. We advise and act for executors in collecting, managing, and realising estate assets — including property, shares, EPF, bank accounts, and business interests.
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Transmission of shares listed on Bursa Malaysia and unlisted companies to beneficiaries
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Realisation of real property — preparation of Memorandum of Transfer (Form 14A) under the National Land Code 1965
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Withdrawal of EPF savings (Akaun Faraid for Muslims; direct to estate for non-Muslims)
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Collection of life insurance proceeds — advising on whether proceeds form part of the estate or are held on trust for nominees
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Business interests — dealing with the deceased’s interest in a partnership, Sdn Bhd shares, or LLP contribution
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Creditor claims — settling bona fide estate debts in the correct order of priority under the Bankruptcy Act 1967
The executor or administrator shall, as soon as may be, convert into money the property of the deceased and pay out of the money so converted the costs, charges and expenses of administration…”
Probate & Administration Act 1959 — Section 68
Contentious Administration
Beneficiary & Creditor Disputes
Estate administration frequently becomes contentious — where an executor is accused of misconduct, a beneficiary is excluded, or creditors’ claims are disputed. We act for all parties in contested administration proceedings in the High Court Kuala Lumpur.
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Applications to remove or pass over an executor acting in breach of duty, in conflict of interest, or incapacitated
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Passing of accounts — compelling an executor to render an account and submit to examination by the Court Registrar
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Claims by beneficiaries for devastavit (personal liability of executor for misapplication of estate assets)
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Disputes between beneficiaries over entitlement under the will or intestacy rules
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Creditor claims against the estate — priorities, proof of debt, and secured vs unsecured creditor treatment
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Applications for Benjamin Orders where a missing beneficiary cannot be traced after advertisement
“An executor who in breach of duty misapplies or wastes the assets of the estate is personally liable to the beneficiaries for the loss occasioned.”
General Principle — Devastavit, Probate & Administration Act 1959
International Estates
Cross-Border Estates
Many Malaysian decedents hold assets across multiple jurisdictions — property in Singapore, the UK, Australia, or Hong Kong alongside Malaysian assets. We advise on the applicable law for each class of asset, coordinate with foreign counsel, and handle resealing of foreign grants and ancillary administration in Malaysia.
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Resealing of foreign Grants of Probate in Malaysia under Section 49 PAA 1959 — England, Australia, Singapore, New Zealand and other Commonwealth jurisdictions
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Identification of the lex situs — immovable property governed by the law of the jurisdiction where situated; movables generally by the law of domicile
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Coordination with foreign lawyers for ancillary grant applications in the jurisdiction of the property
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Advice on Malaysian assets where the deceased was domiciled abroad — NLC land transmission and share transfers
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Double-taxation treaty considerations for estates with assets in the UK, Australia, and other treaty jurisdictions
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Advice on RPGT (Real Property Gains Tax) exposure on estate property disposals in Malaysia
“A grant of probate or letters of administration made by any court of probate in any part of the Commonwealth may be resealed by the High Court on the production of a sealed and certified copy of such grant.”
Section 49 — Probate & Administration Act 1959 (Act 97)
HOW IT WORKS
Administration
Pathways
The applicable process depends on whether the deceased left a will,
the religion of the deceased, the size of the estate and the nature of the assets involved.
High Court — Probate (With Will)
Locate & Verify the Will
Original will must be produced. We verily due execution under Section 5 Wills Act 1959 - writing, testator's signature, two witnesses.
Gather Supporting Documents
Death certificate, ID, marriage certificate, Schedule of Assets, valuation of estate, renunciations by any non-acting executor.
File Originating Summons
Filed at the High Court Probate Registry. A Notice of Application is extracted and advertised in two newspapers (English and BM) for 14 days to invite creditor claims.
Obtain Grant of Probate
Upon the court being satisfied, the Registrar issues the Grant. This is the executor's formal authority to act on behalf of the estate.
Collect Assets & Pay Debts
Collect bank accounts, shares, EPF, insurance, and realise property. Settle valid creditor claims in order of priority.
Distribute to Beneficiaries
Transfer remaining assets to beneficiaries per the will's terms. File Inventory & Account with the Registrar. Issue receipts and obtain discharges from all beneficiaries.
High Court — Administration
Confirm Intestacy & Identify Heirs
Verify no valid will exists. Identify all statutory heirs. For Muslim estates, obtain the Sijil Faraid from the Syariah Court computing each heir's share.
Appoint Administrator & Secure Bond
Next-of-kin petitions for LA. A surety bond (typically double the estate value) is required. We assist in procuring bank or licensed surety bonds.
File & Advertise
Originating Summons filed in the High Court. Newspaper advertisements published. A 14-day creditor notice period applies before the grant is issued.
Obtain Letters of Administration
Court grants the LA. Administrator now has authority to collect, manage and ultimately distribute the estate in accordance with statute or Faraid.
Realise & Settle
Collection of all assets, payment of debts and taxes, filing of income tax return for the year of death (Form B) and estate income tax (Form T).
Distribute per Distribution Act / Faraid
Assets distributed in statutory shares under the Distribution Act 1958 or Islamic Faraid shares. Beneficiary receipts obtained. Surety bond discharged.
GOVERNING LAW
The Legal
Framework
Probate and estate administration in Malaysia is governed by an interlocking body of federal statue, land law, Islamic law and equitable principles – the applicable legislation depending on the religion of the deceased and the nature of the asset.
| LEGISLATION | ACT / CODE | RELEVANCE | APPLIES TO |
|---|---|---|---|
|
Probate & Administration Act 1959 |
Act 97 |
Primary statue governing all probate and administration proceedings in the High Court-grants, powers and duties of executors and administration |
All |
|
Wills Act 1959 |
Act 316 |
Governs formal validity of wills-writing, signature and witnessing requirements. Does not apply to Muslim testators |
Non-Muslim |
|
Distribution Act 1958 |
Act 300 |
Prescribes statutory shared on intestacy for non-muslim-spouse (1/4 or 1/2), parents. Recent amendments extended courage. |
Non-Muslim |
|
Small Estate (Distribution) Act 1955 |
Act 98 |
Provides a simplified process via the District Land Office for immovable property not exceeding RM2 million – fatser and cheaper than High Court |
All |
|
Islamic Family Law Act (FT) 1984 |
Act 303 |
Governs wasiat (Muslim Wills) and administration of Muslim estate , incluidng the jurisdiction of the Syariah Court to issue the Sijil Faraid. |
All |
|
National Land Code 1965 |
Act 54 |
Governs trasmission of registered land on death – Form 14A Memorandum of Trasfer, consent requirements and restriction in interest endorsements |
All |
|
Employee Provident Fund Act 1991 |
Act 452 |
EPF saving are distributed per valid nomination – outside the estate for non-muslim. For Muslims, unclaimed EPF is paid via Akaun Faraid per inheritance law. |
All |
|
Real Property Gains Tax 1976 |
Act 169 |
RPGT may be chargeable when estate property is sold or transferrred to beneficiaries, subject to exemptions-particularly the pricipal of residence exemption. |
All |
|
Trustee Act 1949 |
Act 206 |
Governs the powers and duties of trustees and executors in managing estate asset, investment powers and the liability of trustees for breach, |
All |
ESTATE TYPES COMPARED
Which Route
Applies
to You?
The correct administration pathway depends on whether the deceased left a valid will, their religion, the size and nature of the estate and where the assets are located.
| High Court Probate | Letters of Administration | Small Estate Unit | |||
|---|---|---|---|---|---|
| FORUM | HIGH COURT (Probate Division), Kuala Lumpur or State High Court | FORUM | High Court (Probate Division) or ARB ( Muslim Estates) | FORUM | Land Office- Small Estates Distribution Unit (SEDU) |
| Authority | Grant of Probate — issued to named executor | Authority | Letters of Administration — granted to next-of-kin | Authority | Distribution Order — issued by SEDU Officer |
| Distribution | Per terms of the will | Distribution | Distribution Act 1958 (Non-Muslim) or Faraid (Muslim) | Distribution | Intestacy rules or will; SEDU has discretion on apportionment |
| Bond | No surety bond required for named executor | Bond | Surety bond required (typically 2× estate value) | Bond | No surety bond generally required |
| Assets | All asset classes — movable and immovable | Assets | All asset classes — movable and immovable | Assets | Immovable property only — bank accounts handled separately |
| Cost | Court filing fees + solicitor fees | Cost | Court filing fees + bond premium (if required)+ solicitor fees | Cost | Lower court fees; solicitor assistance still advisable |
INSTRUCT COUNSEL
Begin the
Administration
Process
We understand that dealing with the legal complexities of a loved one’s estate is a burden no family should face alone, Our team handles the legal process so that you can focus on what matters.
