#probate lawyer malaysia

[simrahmanlawyermalaysia]

Probate Law – How Muslim Inheritance Work?

When a person passed away, the process of handling probate and inheritance matters are the most tedious and difficult one, especially when you lost your loved ones. The process of inheritance is even more complicated for the Muslims, who are bound by a different set of laws and rules compared to the non-Muslims. For the Muslims, the deceased’s property must be distributed according to the Muslim inheritance law, also known as the Faraidh.

What is Faraidh?

Faraidh is a set of laws exclusively about Muslim inheritance law. It comes from the Syariah law, where it set out the rules on how the distribution of the estate of a deceased Muslim should be allocated to the beneficiaries. It is the Muslim version of the Intestate Succession Act, which does apply to the Muslims. Faraidh applies to all the Muslims domiciled in Malaysia and the estate of all Muslims must be distributed accordingly to the Faraidh.

What falls under Muslim Estate and What Is Not?

Muslim’s estate for such immovable property and movable property are applicable to Faraidh. On the other hand, there are the following that does not fall under the Muslim Estate.

• Jointly owned property registered under the Land Titles Act

• EPF monies

• Life insurance payouts belonging to nominees named in the policies Before the distribution of the estate, the following deductions will be made according to Faraidh:

• Gifts made while the deceased alive (i.e., property that is transferred without anything in return)

• Jointly acquired matrimonial property if the deceased was Malay

• Vows made to Allah (property the deceased promised to give if an event has occurred)

• Funeral and other expenses related to the deceased death

• Debts to persons

Who are the beneficiaries under Faraidh?

Generally, the beneficiaries are related to the deceased by blood or are spouses, for such parents, spouse, children, grandparents, siblings, grandchildren, nephews, and male cousins.

The automatic beneficiaries under Faraidh will be the parents, spouse, and children of the deceased. In the case where the deceased does not have any son or living father, the estate will go to the other non-automatic beneficiaries. If there are no beneficiaries at all, the estate goes to BaitulMal, the Islamic charitable fund.

It is important to take note that faraidh does not include illegitimate (those conceived before marriage) or adopted children as “children”. Therefore, illegitimate children may not be able to inherit the estate of their father or siblings but could seek to inherit their mother’s estate which could be included in a faraidh-compliant will. If you would like to have your loved ones to inherit your estate that is not included in the faraidh beneficiaries, you could seek to make a Wasiat instead.

However, the beneficiaries may be disqualified for the distribution of an estate if he has caused the death of the deceased if they are not Muslim or they have renounced Islam.

How is the portion of the estate for each beneficiary?

In general, spouses and immediate family will be receiving the highest shares. Each man will receive twice the share of women of the same relational level. Take an example, a son will be receiving twice the share of the daughter of estate distribution. For the detailed calculation, you could seek help with the faraidh calculator provided by the Syariah Court.

How to start with the distribution of Muslim estate?

First of all, you have to apply for an inheritance certificate at the Syariah Court. The inheritance certificate will show the valid beneficiaries and the share of each according to faraidh law.

Next up, you should apply to the High Court for a grant of probate or letters of administration. This will allow the Court to appoint someone to manage and distribute the deceased’s estate. A grant of probate will allow someone to administer (i.e. lawyer) the deceased’s estate accordingly to the deceased’s will. For letters of administration will be authorizing someone to administer the deceased’s estate according to faraidh rules.

Lastly, the estate will be distributed by the appointed person by the High Court. This may include executing the deceased’s Wasiat if there is any. If not, the distribution of the estate will be administered by the appointed person wholly in accordance with faraidh principles.

Need legal advice pertaining Probate Law?

Get a quick consult from us for your questions on Probate law.

[tyhlawfirm]

Tam Yuen Hung & Co. started off in the year of 2016 by Max Tam specialising in divorce and family law in Malaysia where the aim of the firm is to provide quality and affordable legal services throughout Malaysia. The firm has dealt with numerous complex divorce & family related litigations/disputes and the firm has always believed that all disputes can be resolved amicably through mediations without resorting to fight in the court unless there is no better options. Moving on to 2017, the firm has expanded to provide not only divorce and family related legal services, but also to provide property law/conveyancing services and estate planning/wealth preservation services (probate, letter of administration and will-writing) supported by experienced partners and legal assistants of the firm. We understand that everyone should be given the same access to justice under the law and hence we are committed to provide affordable and reasonable legal fees without compromising on the quality of our legal services rendered. Talk to our lawyers for Free Consultation & Quotation at: www.tyhlawfirm.my (Divorce & Family) www.tyhlawyers.my (Property & Probate)

[bookmax04]

The law firm with its three partners has a divergent professional service profile receiving their education, training and practice in Australia, United Kingdom and Malaysia.

Our focus legal practice areas are in :

Land and Property conveyance acting for Vendors, Purchasers, Bankers and Developers;

drafting wills, applying for probate in courts; resealing of grants

[sarah-yyy]

Sarah, can I ask for some uni/career advice? I'm starting law school soon and I wanted to know what I should expect/what kind of area of law I should look into specialising to maximise career opportunities. iirc you're also Sporean/Msian so you would know best! I follow you on insta as well and you're always talking about your job and your post recent job talks about a negotiation which sounds so cool! Your job also put you in NZ which is amazing! Any advice you can give is appreciated!

Yay, congrats on starting law school soon! It’s a......rough ride, so be prepared for that. I have a tag here where I talk/whine about law school, so hopefully reading through it will give you an accurate-ish picture of what law school is supposed to be like. 

The best advice I can give you to get you through law school is to just stay ahead? I mean, it doesn’t necessarily mean that you won’t survive law school if you don’t, but it’ll make things so much easier on yourself! Law school is very exam-based, so if you can manage to stay ahead on readings and revision, exam season should be a breeze. 

As to what area of law you should look into to maximize career options, that really depends on the trend in the city you’re planning to practise in. For example, at this current job, while it isn’t the only thing I am in charge of, I do basically the bulk of property conveyancing at the firm because that’s just the most viable area of work in Auckland, and it’s the easiest to master so ofc that’s what they would give to a newbie like me. I also did quite a lot of arbitration/negotiation courses back in uni because ADR seems to be the trend NZ is moving towards, so I get put on corporate negotiations as well, which is. Honestly less cool and fun than it sounds. 

(Okay I’m just going to vaguely go through Singapore/Malaysia legal trends, but note that I don’t do any work there so it might not be very accurate. If you want, you can hmu on Instagram and I can hook you up with a couple of lawyer friends back home???)

Legal trends in Singapore are relatively easy to observe. Commercial law is booming. If you’re working with corporate or intellectual property law, that’s definitely in demand as well. Growth of Chinese firms within Singapore means that if you have knowledge of international trading laws, or specific knowledge of Chinese commercial law, finding a job will be hella easy. 

Malaysia is a bit harder to pinpoint. It definitely depends on the city. JB for example will be p much like Singapore, esp in terms of international trading. KL would be a good place for conveyancing. If you’re looking into smaller towns like uhm, let’s say Batu Pahat, generally, civil litigation is what you’ll want to bank on, but that means a wide variety of things to learn, e.g. debt collection, lease disputes. Family/probate law is a good area to go into if you’re in a smaller town.

[christopherchongcheemeng]

For Those Who Are“Ti Ki” + Poor Like Me

Upon the death of a person, a member of his family or a person interested in his estate must take charge to administer and distribute his estate.

When a person passes away, his assets, such as his bank account, Shares, properties, cars are all frozen. No one can deal with them and things will be left in limbo.

If he left with a will, then they can apply to the High Court for what is called a grant of probate(GP), by which an executor to his estate will be appointed in accordance with the will. If he died intestate (left without a will), then they can apply for letters of administration (LA) and to be appointed as the administrator of his estate.

For my friends who are "Tiki" like me, there are 3 ways to obtaining the LA :

They can apply to the High Court. Of course, they need a lawyer, and the cost will be definitely higher compared to those who obtain the Grand of Probate.  The tricky part is the administration needs to be bond by two sureties.

They can apply to Public Trustee of Malaysia-Amanah Raya Berhad (ARB). But, this is for those cases where the estate consists of only movable assets and the value of the gross estate must not exceed RM2mil. No administration bond is required. For the Estate administration fee, you guys may refer to their website.

They may apply to the Estate Distribution Unit of the Department of the Director-General of Lands and Mines (JKPTG) or the Land Office where the deceased’s immovable property is located. This is done under the Small Estates (Distribution) Act 1955. However, the value of the gross estate must not exceed RM2mil. Secondly, the estate must be intestate (Die without a will). Lastly, the estate must consist wholly of immovable assets (e.g, land, house or apartment) or partially immovable assets in the name of the deceased within the jurisdiction of the land office.

If you are "Tiki"+ poor like me, you can opt for option 3. In my case, even I have a property, my gross assets are still less than RM2mil. This is a cheaper and faster way among these 3 choices. The SOP on how to apply the LA to JKPTG is stated clearly on their website. The checklist for application and form can be download from the site as well.

However, I can't see the fee to obtain the grant of LA on the website. But luckily I able to source this information from the news posted on Sep 2008. The fee stated as below:

Fees are payable for the grant of LA to be issued:

> RM10, if the value of the estate is between RM1 to RM1,000

> RM30, if the value of the estate is between RM1,001 to RM50,000

> 0.2% of the value of the estate, if it is more than RM50,000.

If the fee structure is still relevant, meaning they are really charging you at the very reasonable fee. Anyway, somehow I felt that this is just relevant to me only. I realized that all my friends are rich and famous except me. So, if you are rich and famous, and yet "Tiki" and don't want to write a will for yourself. Think again...

The legal fee to apply LA to the high court is much higher than the fee to apply GP to high court plus the fee to write a will. Besides, if you are rich & famous, most probably you need two sureties for your LA application.

Do you want to become the sureties/guarantor for someone else?

Meaning to say, if the administrator runaway with the money, then the sureties will be required to pay the lost amount to the rightful beneficiaries.

Sometimes, people really take a long time to get the sureties, or never. The application of LA might be just pending forever.

This column is brought to you by Christopher Chong for your information only. It does not constitute legal advice. Just for sharing.

[rashmicreation]

Best Probate Lawyer Malaysia | Chang Law Chambers

Your search for the best probate lawyer in Malaysia ends with Chang Law Chambers. We understand the complexities that come with will approval and all the documentation issues that come along with it. Losing a family member is a difficult time and these laws process and make one go more upset and set things in disarray. At this time we seek to comfort and assist the families in obtaining the grant of administration quickly and efficiently. 

For more info:  https://www.changlawchambers.com/practice-areas

[khalilhumam]

Human rights defenders and journalists under attack in Southeast Asia

New Post has been published on http://khalilhumam.com/human-rights-defenders-and-journalists-under-attack-in-southeast-asia/

Human rights defenders and journalists under attack in Southeast Asia

The crowd in front of the Criminal Court flashing the three-finger ‘Hunger Games’ salute after the ruling on Anon and Panupong's temporary detention request. Photo and caption from Prachatai, a content partner of Global Voices.

Since July 31, several human rights activists and journalists across Southeast Asia have been arrested, convicted, and experienced harassment which reflect the surge in state-backed attacks on freedom of expression. In Thailand, a lawyer and student activist were arrested for their participation in democracy protests. A Cambodian union leader was detained for his statements expressing concern about farmers reportedly losing land at the Vietnam-Cambodia border. Three media offices in Malaysia were raided for featuring a documentary on the government’s treatment of migrant workers. And finally, eight defendants in Vietnam were convicted for ‘disrupting security’.

Thailand cracks down on democracy protest

Human rights lawyer Anon Nampa and youth activist Panupong Jadnok were arrested on August 7 for their participation in democracy protests last month. In recent months, protests were organized calling for democratic reforms in the country. Youth activists have issued three demands: stop harassing citizens, draft a new constitution, and dissolve parliament. They also rejected a military coup as a solution to the political crisis which intensified when the army grabbed power in 2014. Anon and Panupong were released on bail the following day. They were also ordered not to repeat the offenses they allegedly committed. After release, Anon vowed to continue exercising his freedom of expression and added that he still intends to join a protest rally on August 16. He has a message to authorities:

We mean well to the country and respect those who think differently. We would like you to listen to us. We thank the officers who took good care of us, but as for those who do bad things, we are going to have to deal with them.

Anon Nampa after he was released. Photo and caption by Prachatai, a content partner of Global Voices

Cambodian union leader detained

Cambodian union leader and Cambodia Watchdog Council member Rong Chhun was arrested on July 31 after the Cambodia Border Affairs Committee asked law enforcement authorities to charge him with ‘incitement to commit a felony or cause social unrest’ for spreading ‘fake news’ about a land issue at the Vietnam-Cambodia border. After visiting the border on July 20, Rong Chhun released a statement for the Cambodia Watchdog Council expressing concern that farming communities had about the loss of their land which they blamed on the action of authorities. Rong Chhun was later accused by the Cambodia Border Affairs Committee of distorting the issue. Around 141 civil society groups signed a statement calling for the release of the union leader. They also highlighted the chilling effect of Rong Chhun’s detention:

This latest arrest of a respected union leader is a direct threat to every Cambodian who exercises their constitutional right to freely express their beliefs without having to fear a midnight visit by police and years lost in prison.

Yesterday authorities put up barriers in front of the Phnom Penh Municipal Court to block a group of people demanding the release of Mr. Rong Chhun, Cambodian Confederation of Unions president, who was arrested 31 July 2020 over a remark regarding the Cambodia-Vietnam border. pic.twitter.com/997sJjxY94 — CCHR Cambodia (@cchrcambodia) August 5, 2020

Media offices raided in Malaysia

The police raided the Kuala Lumpur office of Al Jazeera which is being probed for sedition after it released a documentary on the government’s treatment of migrants during the COVID-19 pandemic. Malaysian media outlets ASTRO and UnifiTV were also raided for broadcasting the Al Jazeera documentary. Authorities said the documentary ‘Locked Up In Malaysia’s Lockdown’ was malicious and inaccurate since it claims that migrants were mistreated at immigration centers. But the Centre for Independent Journalism pointed out that the government has yet to formally debunk the allegations in the documentary. It advised authorities to focus on investigating the situation of migrants rather than intimidating the media:

We reiterate our call for the government to conduct an independent inquiry or investigation into the allegations, as reported in the documentary, and base its course of action on the results of said investigation.

Aside from the raid, the work visas of two Al Jazeera reporters were not renewed by the Malaysian government.

pic.twitter.com/ge7etyQqjn — Al Jazeera PR (@AlJazeera) August 5, 2020

Vietnam convicted eight journalists and activists

On July 31, a court in Ho Chi Minh City convicted eight defendants for charges of ‘disrupting security.’ One of the convicted was Ngo Van Dung, a journalist and member of a Vietnamese press freedom collective called Hien Phap (Constitution) Group. This network of journalists and activists is calling for the enforcement of a provision in Vietnam’s constitution which supposedly guarantees press freedom. Ngo Van Dung was under pre-trial detention for nearly two years following his arrest in 2018. He was sentenced to five years in prison followed by two years on probation. Another member of Hien Phap, Doan Thi Hong, was among those convicted despite her plea for release since she has a child who is below three years old. Vietnam’s law prohibits the detention of mothers with children under three years old.

Written by Mong Palatino · comments (0) Donate · Share this: twitter facebook reddit

[willshpyn258-blog]

Will Writing Services - Do You Really Need That?

If you have ever lost someone in your area, you will understand beside me who's wakes you up to your own mortality. Death isn't an easy topic to write about, but, death comes to we all. It is one of the two certainties in your life. If you have contemplated your own death you'll almost definitely have seriously considered writing a Will. In the respect of experiencing to don't honour an electoral yell probate solicitors pledge - the convolution being deliberate, the failure to win an outright majority on May 6th was but a blessing in disguise - well folks, my hands are tied, while we are having to go into some form of marriage with your others, we must have the sacrifices, and you see my brethren, the promises we made on inheritance tax will be the price worth purchasing the excellent of the nation etc etc. A mistake in a will can often render the problem tougher laptop or computer ended up being start with, and family might find it more challenging to split up inheritance and assets among effectively. This naturally causes more heartache and pain than is necessary in your family during a period in which these are already grieving for your loss. Seeking professional legal services is extremely important on this aspect to be sure your assets are distributed as you wish, you can easily go awry on sensitive legal documents which may make you ready to accept a loophole plus a family feud. Many people want to write their final wishes themselves. However, before choosing to achieve this, you may consider the legal aspects surrounding these kinds of documents. Being sure you receive what you would like means making sure you are setting up a leak-proof legal document. Talking to a processional that writes wills for a living is the foremost way to don't forget to take the best steps because of this procedure. 1. If you happen to be leaving all of your estate outright for your executor/trustee, is he/she effective at administering your estate? 2. Is he/she geographically strategic enough being your executor/trustee? Logistical problems is usually to have your executor appear when paperwork need to be sign or consult with lawyers. You should be aware when you appoint somebody who is just not residing in Malaysia, it might be troublesome for him to administer your estate. 3. Does he/she has time for you to execute your Will? Is he/she working or features a demanding work that will delay the process of your asset distribution? 4. Does the appointed executor/trustee happy to act on your behalf? You will need to seek consent before appointing someone to be executor/trustee.

[bookmax04]

The law firm with its three partners has a divergent professional service profile receiving their education, training and practice in Australia, United Kingdom and Malaysia.

Our focus legal practice areas are in :

Land and Property conveyance acting for Vendors, Purchasers, Bankers and Developers;

drafting wills, applying for probate in courts; resealing of grant