Ideally, your Will should deal with all your assets, whether specifically or collectively. You may consider the following:

1. Real property: land and buildings, residential, commercial, industrial or agricultural properties;

2. Personal property: cash, bank balances, shares, transferrable memberships, vehicles, movable furniture, clothing, jewellery, books, camera equipment, computer equipment, etc.

3. Intellectual property: copyrights, patents, designs

4. Trust property: property which is being held by a trustee on trust for your benefit

5. Future benefits: assets which you expect to receive in the future, including an inheritance.

Yes, your Will can include with both assets within Malaysia and abroad. In order to enforce your Will overseas, your executor may need to reseal the grant of probate in a court of the foreign jurisdiction. However, it is better to obtain specific legal advice for foreign real property because the law of inheritance varies from country to country.  In certain circumstances, it may be advisable to write another Will dealing specifically with your foreign property.

When a person dies without making a Will, it means you have died “intestate.” His property is then known as his estate, and his children, his “issue”.

• Your assets will be distributed according to the formulas set out in the Distribution Act 1958, and not according to your wishes or the needs of your family members;
• The distribution process will take longer and cost more, as it requires a bond and the appointment of 2 sureties to guarantee the proper administration of the estate, as well as further court orders to effect the transfer of real property.
• The court may appoint a guardian for your minor children, and the person appointed may not be your preference.

You need to apply Letter of Administration. You should consult a lawyer.

Probate is the process of proving and registering in the High Court the last Will of a deceased person. When a person dies, the executor of the Will shall administer the estate and handle the disposal of the assets and debts.

A Grant of Probate application normally takes a shorter time than a Letter of Administration application. Normally a Grant of Probate can be extracted within a minimum of 3 to 4 months, depending on the size of the estate.

Below are the list of necessary documents needed for the petition for Grant of Probate:

• Original Will
• Death Certificate
• IC of Executor
• List of Assets & Liabilities related documents.

A grant of Probate is obtained when the executor named in the Will makes the application to prove and register a Will and obtains formal authority to administer it.

If a beneficiary believes the executor is not fulfilling his legal obligations, he can appoint a lawyer to file for a petition to either demand a complete accounting of the estate’s assets or to remove the executor. An executor who is violating his duties can be held in contempt of court, which can carry fines and even a jail sentence. The beneficiaries can also pursue a civil lawsuit to recover lost or stolen assets, and legal fees

You may choose to waive your rights through a lawyer to give up your rights to execute the estate administration.