Probate, Estate Administration & Estate Planning
Comprehensive Legal Solutions for Legacy Preservation and Succession Planning
At Messrs. Eugene Teo & Associates, we provide end-to-end legal services in probate, estate administration, and estate planning. We understand the significance of preserving one’s legacy and ensuring that the administration of an estate is carried out in accordance with the law and the wishes of the deceased.
Our approach combines legal precision with sensitivity, guiding individuals and families through often complex and emotionally charged processes with clarity, efficiency, and discretion.
Areas of Practice
Will Writing in Malaysia
A will is a fundamental legal document in which an individual, known as the testator, specifies how their personal estate should be managed and distributed upon death. Drafting a will provides clarity, ensures that your wishes are honoured, and minimizes the risk of family disputes or unnecessary litigation.
In Malaysia, wills must comply with the Wills Act 1959, which outlines formal requirements such as the need for the testator to be at least 18 years old, of sound mind, and for the will to be signed in the presence of two witnesses. A valid will also allows you to:
- Appoint an executor to administer the estate;
- Designate guardians for minor children;
- Provide for specific distributions to family, friends, charities, or other beneficiaries;
- Express funeral and burial preferences.
You may appoint a family member, friend, or professional body such as a trust company to act as executor. Our firm provides comprehensive will-drafting services, ensuring legal validity and peace of mind.
Trust Deeds in Malaysia
A trust is a legal arrangement in which a trustee holds and manages assets on behalf of beneficiaries, according to terms set out in a trust deed. Trusts offer greater flexibility than wills and can take effect immediately upon execution, making them ideal for lifetime asset management.
There are many types of trusts, including:
- Insurance trusts: Where life insurance payouts are managed for beneficiaries;
- Family trusts: For long-term family wealth management and education funding;
- Property trusts: For safeguarding property rights or planning property succession.
Trusts are often used for purposes such as:
- Protecting vulnerable beneficiaries (e.g., minors or dependents with disabilities);
- Avoiding probate and preserving privacy;
- Managing property division in the context of divorce proceedings.
We assist in the creation, structuring, and management of trusts to meet your individual objectives, while ensuring compliance with Malaysian trust law.
Power of Attorney (Surat Wakil Kuasa)
A Power of Attorney (POA) is a legal instrument that allows you (the donor) to appoint someone you trust (the donee) to act on your behalf in financial, legal, or personal matters.
Types of POA include:
- General POA: Grants broad powers to the donee over various aspects of the donor's affairs;
- Specific POA: Limited to a specific transaction or time period.
A POA is particularly useful for:
- Overseas Malaysians who need representation in local transactions;
- Elderly individuals preparing for future incapacity;
- Business owners needing assistance in executing legal or financial duties.
We provide services to draft and notarise POA documents tailored to your needs.
Application for Grant of Probate
Where a valid will exists, the executor must apply to the High Court for a Grant of Probate before managing the deceased's estate. This is the official document that gives legal recognition to the executor's authority.
Our services include:
- Drafting the necessary legal documents;
- Filing the application in the appropriate court;
- Assisting in the identification, collection, and valuation of assets;
- Coordinating with banks, EPF, property registries, and other institutions.
We ensure the administration process is lawful, efficient, and respectful of the testator's intentions.
Application for Letters of Administration
If the deceased passed away intestate (without a valid will), the estate must be administered by a person appointed by the court, usually the next-of-kin. This requires an application for Letters of Administration.
Our services include:
- Identifying eligible administrators and beneficiaries;
- Preparing affidavits, sureties, and statutory declarations;
- Filing and following through with the court process;
- Distributing the estate according to the Distribution Act 1958.
This process is essential to ensure lawful estate distribution and prevent disputes among family members.
Small Estate Distribution Orders
For estates valued at RM2 million or below, the Small Estates (Distribution) Act 1955 provides a simplified procedure for administration via the Land Office or Amanah Raya.
We offer:
- Eligibility assessment and advisory;
- Drafting and filing of relevant forms and documents;
- Representation during Land Office hearings;
- Coordination with heirs and relevant agencies.
This route is cost-effective and suitable for families with modest estates.
Resealing of Foreign Grants of Probate
Where a Malaysian-based asset is part of an international estate already granted probate overseas, a resealing application must be made in Malaysia for the foreign grant to be recognised.
We assist by:
- Preparing the resealing application under Probate and Administration Act 1959;
- Liaising with foreign law firms for document verification;
- Ensuring smooth local transfer of assets such as property, shares, and bank accounts.
This is crucial for expatriates, foreign investors, and families managing international estates.
Estate Administration & Asset Distribution
Estate administration involves:
- Collecting and safeguarding assets;
- Settling debts and liabilities (e.g., income tax, outstanding loans);
- Preparing estate accounts;
- Lawfully distributing assets to beneficiaries.
We provide ongoing support to executors and administrators to fulfil their fiduciary duties efficiently and in compliance with all legal obligations.
Contentious Probate & Estate Disputes
Disputes may arise over:
- The validity of a will (e.g., forgery, lack of capacity);
- Unfair exclusion of beneficiaries;
- Misconduct by executors or administrators.
Our firm represents:
- Beneficiaries in inheritance disputes;
- Executors and administrators in defence of claims;
- Family members in applying to remove or substitute fiduciaries.
We pursue amicable resolutions where possible but are fully prepared to litigate in court to protect our clients' rights.
In addition to posthumous estate matters, we offer comprehensive estate planning services, including the drafting of wills and trust arrangements, to ensure that our clients’ wishes are clearly articulated and legally enforceable.
In addition to posthumous estate matters, we offer comprehensive estate planning services, including the drafting of wills and trust arrangements, to ensure that our clients’ wishes are clearly articulated and legally enforceable.
25 Years of Our Experience In This Field..
We begin every engagement with a thorough strategic assessment to identify risks and opportunities, ensuring a clear and informed litigation roadmap. Whether through litigation, arbitration, or alternative dispute resolution, our goal is to resolve matters efficiently and cost-effectively—without compromising on the quality of representation.
Above all, our commitment is to deliver clear, pragmatic, and impactful legal advice—empowering our clients to make confident decisions in the face of legal challenges.
Planning The Case
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Areas of Expertise
Application for Grant of Probate
For estates with a valid will, we assist appointed executors in obtaining the Grant of Probate from the High Court to lawfully administer and distribute the estate.
Application for Letters of Administration
Where no will exists, we represent interested parties in applying for Letters of Administration to enable lawful distribution of the deceased’s assets under the Distribution Act 1958.
Small Estate Distribution Orders
We facilitate expedited estate distribution for small estates, providing advisory and representation in line with statutory thresholds and requirements.
Resealing of Foreign Grants of Probate
We assist foreign executors and administrators in obtaining legal recognition of foreign grants in Malaysia, enabling cross-border estate administration.
Estate Administration & Asset Distribution
We support executors and administrators in fulfilling their fiduciary duties, including locating and managing assets, settling liabilities, and distributing the estate in accordance with legal and testamentary requirements.
Contentious Probate & Estate Disputes
We represent beneficiaries, administrators, and other interested parties in disputes relating to the validity of wills, breach of fiduciary duties, and contested distributions.
About Us
Important Links
Contact Us
- Phone:
03-86055331 * 03-86055332 - E-mail:
Eugeneteoassociates@gmail.com - Address:
Unit 8-19, Wisma Conlay, No.1, Jalan USJ 10/1, 47610 Subang Jaya, Selangor.