Our Services

Will & Testament

More than just a Will

A will and testament is a written expression of your wishes and directions to your representative (often your spouse or family member above age of 18 years) to, usually:

  • appoint a legal guardian to care for the person or finances of your ‘minor’ children below the age of 18 years;
  • transmit or distribute your cash in banks or investments to your beneficiaries (eg spouse / partner, children, parents, siblings, or next of kin);
  • transfer properties or vehicles registered in your name to your beneficiaries or directions for the sale of and distribution of the sale proceeds to your beneficiaries.

 

A will and testament takes effect on death and if properly attested by witnesses who can certify that you signed the will in their presence, provided all legal requirements are satisfied and in the absence of any fraud or forgery, the court of the relevant country shall then issue an order of court called a Grant of Probate.

Globalization and the internet have opened up a multitude of overseas investment portfolios and offshore assets and accounts are no longer limited to the elite.  Our principal legal consultant’s specialization for the last 25 years have met such discerning clienteles’ testament needs and we have been appointed to draw up the following:

  • Wills for Malaysia;
  • Multi-Jurisdictional Wills for Singapore, Hong Kong, Australia, New Zealand, United Kingdom and selected countries in Europe;
  • Wills for off-shore assets in  Jersey, Guernsey, Isle of Man and the Channel Islands;
  • Wills for United States of America in accordance with selected state law.

 

To engage us to draw up your
will & testament to cover your
local or global assets

Living Will

Official term Advance Medical Directives

The Living Will or Advance Medical Directives as its name implies, is to convey to those in charge of your medical care ahead of time your wishes, especially important at a time when you are unable to verbally tell them.  Many countries have a standard form of advance medical directive.  They are often in a prescribed format, sometimes not very desirable to make your wishes known.

Technically, a Living Will does not carry the same legal status as an Advance Directive or a Last Will and Testament, but it states your wishes about your medical treatment if you’re caught in a medical crisis and cannot make yourself understood.  This unfortunate state may occur because of stroke, brain damage, unconscious condition, or where sedation or pain relief forces you into a coma.

An Advance Medical Directive can also cover related personal wishes such as religious requirements or organ donation.

Advance Medical Directives by adult patients of sound mind have been accepted by the courts in a number of countries.  There has been growing judicial control of decision-making regarding treatment and withdrawal of treatment at a time when patients are without capacity.  This issue has attracted much controversy but two considerations have emerged as being sound and should prevent abusive or negligent implementation of an Advance Medical Directive:

  • If medical treatment is futile, it is for the doctor to recommend discontinuation, best supported by a court order; and
  • The best interests of the patient shall be taken into consideration by the court.

 

 

To engage us to draw up
your Advance Medical Directive
to cover your personal wishes

Trust

Essential to a well-crafted estate plan

A trust is a fiduciary arrangement that allows a trustee to hold assets on behalf of a beneficiary or beneficiaries usually until a fixed date in the future or the happening of an event  stipulated under the trust.

Listed here are two of our Trust Services:

Individual  Trust

A trust can be created in your will and testament to safe guard the following :

  • for the maintenance of your minor children below the age of 18 years;
  • for the maintenance of basic needs like living expenses, shelter and education of your adult children with whom you would like to postpone distribution of the capital value of your estate until a determined date in the future;
  • for the postponement of transfer of property registered in your name to your children in favor of  a life tenancy of a spouse or partner to occupy said property;
  • for court directions for the sale of property or properties and distribution of the sale proceeds to your beneficiaries where there is for example a disagreement as to the sale price;
  • for charitable purposes where the structure of the trust protects against releasing too much too soon.

Family Trust  

This is also known as a discretionary trust where the trust structure has tax advantages and asset protection as its underlying basis.  A discerning business owner or family business group knows how to  use a family trust as a legal instrument to ensure that the family business legacy is succeeded by many generations down the line. 

Besides gaining the tax benefits afforded by such a trust, the protective edge is that the assets in the trust are generally out of reach of creditors of the beneficiaries.  Such trust protects the beneficiary from their own individual defaults and ensures successful succession of the family’s business legacy. 

We, HERITANCE WILLS work with our affiliated partners like investment banks to construct family trusts in line with the family’s business vision and financial plans to carry on the legacy of the family business into the future.

For the creation of an individual or family trust, we offer the following services:

  • structuring a trust in accordance with the individual or family’s business succession goals;
  • serving as professional trustees or assisting in the appointment of a trust corporation.
To engage us to structure a trust
to protect your beneficiary or business

WILLSAFE Storage Services

Where there is a Will
there is a Way

For senior people living alone with their next of kin living abroad, or spouses who frequently travel together, having made a will is not the only important thing to do. Your original will must be available to your executor when the time comes to execute your estate. In the event that your will cannot be found, your estate is then deemed intestate.  This means that your estate will have to go through another court procedure called Grant of Letters of Administration (“L.A.”).  Compared to Probate, L.A. takes twice as long and usually double the legal costs. As part of our comprehensive services to meet this essential need, HERITANCE WILLS offer fire proof  WILLSAFE storage services for your Last Will and Testament, Living Wills, and Trust Deeds.
With the benefit of hindsight of having made numerous applications to court for probate on behalf of our clients, we highlight here the importance of good safekeeping of your will as follows:
  • your original will must be available and in good order;
  • the paper on which the will is written is not defaced, torn or damaged in any way;
  • the ink on the will is not smeared in any way or any mark of cancellation, deletion or amendment made on the contents;
  • some legal systems prohibits a staple on the will or any mark on the will of a previous stapling or paper clip.
Our WILLSAFE storage facilities have enabled many of our clients who travel extensively to have the peace of mind that their wills are  always available & accessible.
To engage us to safe keep your will
and other related legal documents

Executor Services

The professional gets the job done right

The role and legal burden of an executor in a will is both important and onerous.  He or she functions as the representative of the deceased, to ensure that the deceased’s wishes is fully carried out.  The usual persons appointed as executors are the spouse or partner of the deceased, the eldest child or the child deemed responsible or equipped to handle the task at hand.  Professionals such as solicitors or accountants are also good candidates to be executors.

Professional Executor Services

In the case of the expatriate residing in Malaysia for a reasonable period of time, having a professional experienced in execution of estates from HERITANCE WILLS acting as the executor is the wiser and practical appointment for the following reasons:

  • expat couples who travel together and appoint each other as executor bear the risk that if both demise at the same time,  the estate is left with no executor;
  • expats working in Malaysia on a work visa may have their spouse and children residing overseas, hence impractical for execution at a time of great grief;
  • expats appointing their other expat friends may need to revise their will time and again in  the light of the transient nature of such residence among themselves;
  • MM2H visa holders who are retirees usually have adult children overseas who are indisposed to handle the execution of their parent’s estate thousands of miles away from their job or business.

 

Executor Advisory Services

As the role of an executor is many and varied  from arranging the funeral to interpreting the will, to identifying and collecting assets, to distributing inheritances, and to acting as a trustee for long term trusts; it may be too overwhelming for the lay executor who is grieving the lost of a loved one.  

Our professional executor advisory services at HERITANCE WILLS can help with, among other things, the following:

  • Advising on the proper construction of the will;
  • Advising on executor’s legal duties;
  • Advising on the court application for probate;
  • Assisting in the location and transfer of assets to beneficiaries;
  • Assisting with the appointment of lawyers to collect  debts owed to the estate;
  • Assisting with the appointment of lawyers to make or defend claims for or against the estate; and
  • Assisting with the appointment of tax or accounting professionals to comply with the estate’s tax obligations
To engage our professional executor
or advisory 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 TESTIMONIAL 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

Overseas Enquiry Available

We provide consultations to clients in Singapore, Australia, New Zealand and United Kingdom.

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