Grant of Probate
Applying for probate in the High Court to prove the will of the deceased and give the executor authority to carry out what it provides.
Probate is a High Court order confirming the validity of a will and giving the named executor authority to carry it out. Without probate an executor has no authority to transfer property, release bank funds, or claim assets of the deceased.
A valid will does not by itself give the executor authority to act. Banks, the land office and insurers require a court order before releasing assets. That order is probate.
What the court checks
The court checks whether the will meets the legal requirements: that it was signed by the deceased, properly witnessed, and that the deceased had capacity to make a will at the time.
The original will is required. Where only a copy exists, the application becomes more complex and requires additional evidence about how the original was lost.
A will in the context of Islamic law
For Muslims, a will is limited to one third of the estate, and cannot be given to an heir who is entitled under faraid unless the other heirs consent. The remaining two thirds is distributed according to faraid.
This means a Muslim will operates as a complement to faraid, not a replacement for it. Misunderstanding this point is a frequent source of dispute after a death.
What your lawyer handles
- Checking the validity of the will in terms of form and execution
- Confirming the named executor and their willingness to act
- Preparing a schedule of the assets and liabilities of the deceased
- Preparing the affidavits and probate application documents
- Filing the application and appearing for the executor in court
- Attending to transfer of property in accordance with the will once probate is granted
Timeline
Documents you need to prepare
- The original will
- Death certificate of the deceased
- Copy of the identity card of the deceased and the executor
- A complete schedule of the assets and liabilities of the deceased
- Details of the witnesses to the will if attestation evidence is needed
Costs people often overlook
- Legal fees for the application and court representation
- Court filing fees
- Cost of asset searches
- Land office fee for registration of the transfer after probate
- Service tax of 8% on legal fees
When to stop and get advice first
- The original will cannot be found and only a copy exists
- The will was not signed or witnessed as the law requires
- There is more than one will bearing different dates
- The named executor has died or is unwilling to act
- A beneficiary challenges the validity of the will
- For a Muslim testator, the will gives more than one third of the estate to a non-heir without the consent of the heirs
Frequently asked questions
What is the difference between probate and letters of administration?
Probate is applied for where there is a valid will and a named executor. Letters of administration are applied for where there is no will.
Does a will have to be registered to be valid?
A will does not need to be registered to be valid, but it must meet the legal requirements as to form, signature and witnesses.
I only have a copy of the will, can I apply for probate?
It is more difficult and requires additional evidence explaining how the original was lost. Discuss it with us as early as possible.
How long does probate take?
Usually four to nine months where there is no objection.
Can the executor sell property named in the will?
The executor's powers depend on the terms of the will and the grant issued. This needs to be checked before any dealing.
For Muslims, does a will override faraid?
A will under Islamic law is limited to one third of the estate and cannot be given to an heir without the consent of the other heirs. The balance is distributed under faraid.
Ready to start your property matter?
An initial consultation with no obligation. Tell us about your matter and we will explain what is involved and what it is likely to cost.
No. 4, Jalan Setia Impian U13/3D, Setia Impian 3, Seksyen U13, Setia Alam, 40170 Shah Alam, Selangor
014-9723468 · 014-4004293 · Monday to Friday, 9:00am to 6:00pm