Question:
My father passed away recently. He left a Will. I am named as the Executor to
the will. What should I do next?/What should I do if my father passes away with
a Will?
When someone passes away
leaving a Will, the Executor named in the Will must therefore carry out the
instructions of the Deceased.
The Executor must file an
application in Court to obtain the Grant of Probate. The Executor would appoint
a lawyer to file the papers in Court to obtain the Grant of Probate.
What are the documents
needed to prepare the application for a Grant of Probate: -
1.
Original Will of the Deceased;
2.
Original Death Certificate of the
Deceased;
3.
Prepare the List of Assets and Liabilities
of the Deceased;
4.
Prepare the List of Beneficiaries
according to the Will;
5.
Locate the Witness to the Will. To obtain
the Affidavit from the Witnesses.
Once the documents are
prepared, prepare the Originating Summons to be filed in Court together with
the Affidavit in Support, “Sumpah Pentadbir”, Notice of Appointment for Solicitors
and Affidavits of the Witnesses. The Originating Summons must be filed in the
High Court of Malaysia.
If the Witnesses to the
Will could not be located, this situation needs to be explained in the
Affidavit in Support as to why and what steps were taken to locate the
witnesses.
Once the papers have been
filed in Court, the Court will fix a Hearing date for the Hearing of the
Originating Summons for Probate. (It must be filed under Code : 32NCVC).
During the hearing, the
ORIGINAL Will and the ORIGINAL Death Certificate will be deposited in Court. The
Executor must attend Court.
Once the Court grants
Order in Terms to the Originating Summons, then file the “Notis Bayaran
Pengeluran Geran (Kod 31 & 32) in Court. The Court will issue the Grant of
Probate within a week.
Cause Papers: -
No.
|
Cause Papers
|
1.
|
Saman
Pemula
|
2.
|
Afidavit
Sokongan
|
3.
|
Sumpah
Pentadbiran
|
4.
|
Notis Pelantikan
Peguam Cara
|
5.
|
Afidavit
Saksi 1
|
6.
|
Afidavit
Saksi 2
|
7.
|
Notis Bayaran
Pengeluaran Geran(Kod 31 & 32)
|
Sample of Affidavit in Support of Originating Summons
for Grant of Probate:-
