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Issues 18

Have you ever wondered what will happen to your property upon your death? Many are thinking that by leaving a written will at the solicitor’s office will suffice. Many are not aware that the WILL in mind, will only take effect once executed. The question is how do we execute written will left by our loved ones?

A valid written will is only good when it is executed. Without a proper execution and administration, a will does not have any value more than sheets of paper. Before one can proceed to execute a will, one must possesses a Grant of Probate issued by the Court. This grant will certify a person to be authorized as the Executor to the estate of the deceased.

Without a grant issued by the Court, it is impossible for a person to execute a will. For example, if one intends to close down the deceased bank account, one can only do so if he is the executor of the will and in a possession of the grant of probate.

The same goes to all institutions namely banks, companies and corporations. All of these entities will require a Valid Grant of Probate before proceeding to any further instruction upon the deceased’s death.

The appointment of highly-skilled legal practitioners with expertise in probate administration application is crucial to ensure the smoothness of the process. Without the grant of probate, nothing can be done to the estate of the deceased, what more to distribute it.

Many of us did not know that in relation of a Muslim will, there are some procedural and substantial requirements that need to be followed. For example, Muslims cannot bequeath more that 1/3 of their estate to an heir. On top of that, even if the deceased bequeathed not more than 1/3 of the estate to an heir, the consent of all the rightful heirs of the deceased need to be obtained. Failure to observe these requirements and procedures will eventually cause the Grant of Probate to be set aside.

In conclusion, the drafting of a will be it a Muslim or Non-Mulim, will require competency and knowledge of the law its procedures. In KIQ, we have been doing various cases relating to probate and letter of administration with our own probate and administration expert as well as Syarie lawyer with vast experience in matrimonial and inheritance matter.