SERVICES

Probate Services

Our best practices ensures prompt probate

Making a will is only but a first step towards safeguarding your loved ones.  In order for your representative in your will called your executor to execute your estate in favor of your beneficiaries; he or she must be empowered by a court order called a Grant of Probate.    

 

Our principal legal consultant at HERITANCE WILLS have had the benefit of legal hindsight in assisting numerous probate applications in Malaysia and overseas.  Hence, it is our preliminary best practice to advise all our will writing clients as to the probate procedure upfront for them to appreciate how to avoid leaving loopholes in their wills when making out their desired bequests.  One example of a loophole is failure to expressly exclude an “heir” out of their will. 

Our preliminary best practice ensures no loopholes are left in your will to avoid litigation among your beneficiaries.  Our discerning clientele have recognized that the potential cost of litigation to their estate far exceeds the cost of a well drafted will. Listed here is a standard court probate application’s required compliance:
  • original will;
  • affidavit by your executor to prove your will;
  • affidavits by witnesses to your will who are alive and of sound mind;
  • a list of your beneficiaries; and
  • a list of your assets and liabilities.
It may be of good news to you that Malaysia imposes no inheritance tax at this point in time.  However, there are other taxes applicable to Malaysia My Second Home (“MM2H”) visa holders and foreigners. For example, Real Property Gains Tax and respective State Consent tax imposed on acquisition and disposal of assets by foreigners.
To engage us to assist in your
application for probate
to execute your estate

Our 3Cs Process

So how do you go about drawing up your will?   Our answer is 3Cs.

At HERITANCE WILLS, we make the will writing process simple and easy for you. Our preliminary steps shall ensure that you are sufficiently guided as to how to start and complete your wills within a week from receipt of full information from you, as some of our clients have attested to in our REVIEWS page. We discourage prolonging the process for longer than necessary as we do recognize that drawing up a will may be an emotional exercise for some, hence getting it done fast and getting it done right is our assurance to you

Checklist

You shall be furnished with our Checklist to start off. This Checklist contains questions about your personal information which you will find easy to prepare. Then, one of our team members shall get in touch with you, preferably via email to ensure that all questions from you on our Checklist are attended to. If you have any questions on our Checklist, it shall be addressed by our Legal Consultants or complex questions by our Principal Legal Consultant. Up to this point, our services are complimentary.

Consultation

After receiving from you a completed Checklist, we offer a Consultation date in order for us to appreciate your personal circumstances in more detail which allows us to tailor made our advice accordingly. We charge a fixed fee for the consultation but this fee shall be set off with our retainer cost if you appoint us to proceed; hence the consultation fee is then part of the package.

Should you decide not to proceed after the consultation, we are happy to have provided you with the legal advice to plan your estate, and perhaps when the time is right for you, we hope to be of service later on. Should you decide to proceed, which more than 99% of our clients after consultation decide to do, you shall be asked to sign our Retainer to appoint HERITANCE WILLS. You have full control over what you decide to do after the consultation.

Completion

Our team gets down to drawing up your will or wills. On your approval of the will, we shall set an appointed date and time for you to execute your will. If this execution is at our office, then we shall provide the witnesses to your will. Once signed by all parties, and depending on the relevant jurisdiction, your will is then completed.

A final task is for you to decide where your original will is to be stored. Find out more about our WILLSAFE storage services here

WORKING EXPATS’ EPF PROTECTION

We provide complimentary consultations to protect the above.

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