Probate & Administration
Masha Sylverster & Co advises executors, administrators, and beneficiaries on probate and estate administration matters, guiding clients through the legal process with clarity and care.
We recognise that estate matters often arise during difficult periods. Our role is to provide clear legal guidance while ensuring estates are administered properly and efficiently under Malaysian law.
Clear Guidance in Estate Matters
Our probate and administration practice covers both testate and intestate estates. We assist clients with procedural, documentation, and advisory matters throughout the estate administration process.
Where disputes arise, we provide measured advice and representation to resolve matters efficiently while protecting our clients' interests.
Probate & Estate Matters We Advise On
Grant of Probate
Advising executors on applications for grants of probate and related procedural requirements.
Letters of Administration
Assistance with applications for letters of administration in cases of intestacy or where no executor is appointed.
Estate Administration
Guidance on the administration and distribution of estate assets in accordance with Malaysian law.
Estate Disputes
Advice and representation in disputes involving wills, estate administration, or beneficiary entitlements.
Advisory & Compliance
Legal advice on estate-related compliance matters, timelines, and obligations of executors and administrators.
Careful, Transparent, and Respectful Representation
Probate and estate matters require careful handling and clear communication. We aim to explain each step of the process in plain language so clients can make informed decisions.
Our advice is guided by professionalism, transparency, and respect for the sensitivities often involved in estate matters.
Frequently Asked Questions — Probate & Estate Administration in Malaysia
What is probate and when is it required in Malaysia?
Probate is the legal process by which a court confirms the validity of a will and authorises the named executor to administer the deceased's estate. It is required where the deceased left a valid will and held assets in their sole name. A grant of probate provides the executor with the legal authority to collect, manage, and distribute the estate.
How long does probate take in Malaysia?
An uncontested grant of probate typically takes 6–12 months from the date of application, depending on the complexity of the estate and the court's workload. Contested probate proceedings — where the validity of the will or the entitlements of beneficiaries are in dispute — can take significantly longer.
What happens if someone dies without a will in Malaysia?
If a person dies without a valid will (intestate), their estate is distributed in accordance with the Distribution Act 1958 (for non-Muslims). An administrator must first apply to court for Letters of Administration before the estate can be administered. The Act prescribes fixed shares for the surviving spouse, children, and parents of the deceased.
What is the difference between a Grant of Probate and Letters of Administration?
A Grant of Probate is issued where the deceased left a valid will naming an executor who is able and willing to act. Letters of Administration are granted where there is no valid will, or where no executor was appointed or is available. Both authorise the recipient to administer and distribute the deceased's estate, but they apply in different circumstances.
Can a will be challenged in Malaysia?
Yes. A will may be challenged on grounds including lack of testamentary capacity (the testator was not of sound mind at the time of making the will), undue influence, fraud or forgery, or failure to comply with the formal execution requirements of the Wills Act 1959. Contesting a will requires court proceedings and should be approached with proper legal advice on the merits.