Questions people ask us

If you have anyone you want to provide for, or anything you want to control — children, property, EPF, insurance, a business — then yes. Without a will, the Distribution Act 1958 or faraid decides for you, and someone has to be appointed by the court before anything can be distributed. A will lets you choose, and makes the whole process faster.

For non-Muslims under the Wills Act 1959, a will is revoked by your subsequent marriage — unless it was expressly made in contemplation of that marriage. This is one of the most common ways a will is unknowingly invalidated. Review your will after any change in marital status.

You can, but small errors are costly: a beneficiary witnessing the will can lose their gift, an unclear residuary clause can send assets into intestacy, and a missing executor causes delay. The saving from a template rarely survives contact with reality. A properly drafted will is inexpensive insurance.

Yes — a wasiat, which can direct up to one third of the estate to people who are not faraid heirs (more with the heirs’ consent). The rest is distributed by faraid. A wasiat is especially useful for providing for a non-heir, an adopted child, or a cause.

It is the Syariah Court certificate stating each heir’s fixed share under faraid. It is usually required before a Muslim estate can be distributed. We guide families through obtaining it and then administering the estate accordingly.

Through hibah (a lifetime gift), a wasiat (up to one third), harta sepencarian (a spouse’s share of jointly-acquired property) and trusts. Used together, and documented properly, these let you provide for someone a fixed formula might leave short.

A straightforward grant of probate (with a valid will) commonly takes 4–9 months. Letters of administration for an intestate estate usually take longer — 8–15 months or more — because of the administration bond and identifying beneficiaries.

Probate is granted where there is a valid will and confirms the executor’s authority. Letters of administration are granted where there is no will; the court appoints an administrator, who usually must provide a bond with two sureties.

Possibly. An intestate estate not exceeding RM5 million can be dealt with by the Land Office as a small estate. Movable-only estates of RM50,000–RM600,000 can often be administered by AmanahRaya. Our probate route finder on the fees page gives a quick indication.

No — estate duty was abolished on 1 November 1991. RPGT and stamp duty can still apply when assets are later sold or transferred.

A complimentary 20-minute conversation about your family and your assets. We will tell you honestly what you need — and if you do not need us, we will say so.

Planning work is done on a fixed fee agreed before we start. Administration and disputes are quoted with a realistic estimate, because the work depends on what we find. All fees are plus 8% SST; disbursements are separate. See our fees page.

Yes. Our civil and Islamic teams work together where a family or an estate spans both systems.