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What Happens When You Don’t Have A Will? PDF Print E-mail

If you die without leaving a Valid Will, you deemed as Died Intestate.
Your hard earned wealth would be distributed according to the Rules of Intestacy - Distribution Act 1958 (amended in 1997) for West Malaysia and Sarawak while  Intestate Succession Ordinance 1968 is for Sabah.
This distribution method and proportion is not be in accordance with your wishes.
Longer time for the legal process.
Tedious and costly.
Problem associated with choosing an Administrator.
Legal requirement of 2 sureties (guarantors).
If there are minors, Administrative Bond must be provided by 2 sureties (guarantors).
Court will appoint guardian for minors’ estates until they reach the age of 18 years old. Court approval is required every time to withdraw the money for the purposes of maintenance, education and health fare of the children.
The sureties must have net worth at least equal to the value of your estate.

If you have assets less than or equal to RM600, 000 your assets will be distributed

  • Movables assets only - Amanah Rakyat Berhad without the need for sureties or guarantors.
  • Immovable assets - District Land Administrator under Small Estate (Distribution) Act 1955 and no sureties or guarantors are required.

If your assets over RM600, 000, application need to be done at the High Court for Letters of Administration (LA).
No protection is made for your family members during common disasters. Litigation process can be avoided if there is a Will to protect the beneficiaries in the event of common disaster.


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