Estate planning
Contentious probate & estate disputes
Most estate disputes are not about greed. They are about a family that no longer trusts the process.
Sometimes an estate cannot simply be administered. A will is challenged because the person who made it may not have understood it, or was pressured into it. An executor refuses to account, or helps themselves. A dependant — a spouse, a child, a parent who was being supported — is left without reasonable provision. Or beneficiaries simply cannot agree.
We act on both sides of these disputes: bringing and defending will challenges, removing or compelling executors, and running family-provision claims. We are candid early about what a claim is worth and what it will cost, because in estate litigation the fastest route to a fair result is usually a negotiated one — and most of the matters we run settle.
Disputes we handle
- Will challengesTestamentary capacity, undue influence, want of knowledge and approval, forgery, and improper execution.
- Family-provision claimsClaims by dependants under the Inheritance (Family Provision) Act 1971 — subject to a strict six-month window from the grant.
- Executor & administrator disputesRemoving, compelling or holding to account a personal representative who is failing in their duties.
- CaveatsEntering or removing caveats to protect a position while a dispute is resolved.
- Beneficiary disputesDisagreements over interpretation, valuation or distribution of an estate.
How it works
Assess the claim
We look hard at the merits, the evidence and the numbers before you commit — including the six-month limit on provision claims.
Protect the position
A caveat or interim step where needed, so assets are not dealt with while the dispute is live.
Resolve it
Negotiation and mediation first; a hearing where the other side leaves no choice.
Questions about contentious probate & estate disputes
On what grounds can a will be challenged in Malaysia?
The usual grounds are lack of testamentary capacity (the person did not understand what they were doing), undue influence or coercion, lack of knowledge and approval of the contents, forgery, and failure to execute the will properly. Each turns heavily on evidence — medical records, the drafting solicitor’s file, and the circumstances at signing.
I depended on the deceased but got nothing — can I claim?
You may be able to bring a claim under the Inheritance (Family Provision) Act 1971 if you were a dependant and were left without reasonable provision. The time limit is strict — generally six months from the date of the grant — so it is important to take advice quickly.
How much does an estate dispute cost, and how long does it take?
It depends entirely on whether it settles. We give you a candid assessment of merits, value and cost at the outset, and we push for negotiated or mediated outcomes because they are usually faster and cheaper than a full trial. Most of the disputes we run resolve without a final hearing.
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A complimentary 20-minute call, no obligation. If it helps, a full estate-planning consultation follows — RM350, credited against your fees if you proceed within 60 days.