Estate Planning and Succession Matters
Estate planning and succession matters involve the legal arrangements made during one’s lifetime as well as the legal processes that take place after a death to ensure that assets are properly managed, transferred, and distributed in accordance with the law.
This practice area covers matters such as preparing a will, as well as the legal steps required after a death, including court applications and land-related procedures. The appropriate legal process depends on factors such as whether a will exists, the type of assets involved, and the value of the estate.
Our firm advises clients on estate planning and succession matters in Malaysia, guiding them through the relevant legal processes with clarity, care, and practical advice.
1. Estate Planning
Estate planning focuses on making arrangements before death to ensure that assets and personal matters are managed according to one’s wishes
The following are the main legal processes involved in succession matters
1.1 Will Writing in Malaysia
Preparing a legally valid will helps ensure that assets are distributed according to personal wishes and reduces the risk of disputes after death.
1.2 Power of Attorney in Malaysia
A power of attorney allows a person to appoint another to act on their behalf in legal, financial, or personal matters during their lifetime.
2. Succession Matters After a Death
After a death occurs, family members are often required to follow specific legal procedures before assets can be accessed, transferred, or distributed. These procedures differ depending on whether the deceased left a will and the nature of the estate.
The following are the main legal processes involved in succession matters
2.1 Grant of Probate
Where a person passes away leaving a valid will, the executor named in the will is usually required to apply for a Grant of Probate before dealing with the deceased’s assets.
2.2 Letters of Administration
Where a person passes away without leaving a will, family members are generally required to apply for Letters of Administration to obtain legal authority to manage the estate.
2.3 Small Estate and Land Matters
Certain estates involving land or property may qualify as small estates and be handled through the Land Office or Small Estate Distribution Unit instead of the High Court.
Choosing the Appropriate Legal Process
Succession matters can be confusing, particularly where more than one legal route may apply. The correct process depends on factors such as:
Whether the deceased left a will
The type of assets involved
The value of the estate
Whether land or property forms part of the estate
Identifying the appropriate legal process at an early stage can help avoid delays, unnecessary costs, and repeated applications.
How We Assist
Our role is to advise clients on the appropriate estate planning or succession process, assist with the preparation of required documents, and guide them through the relevant procedures under Malaysian law.
If you are unsure which estate planning or succession matter applies to your situation, you may contact us for guidance on the next steps.