Leaving A Loving Legacy Part 2
Dec 27th, 2007 by Editor
In November, in the news section, I wrote about Bkworm’s experience when her mom passed away without a Will. She mentioned a lengthy delay of 3 years just to get the process moving. I emailed Bkworm to find out what further what caused the delay so that all the readers can benefit.I asked for her permission to publish her reply here and Bkworm was gracious enough and allowed me to do so. She wrote, “If it helps someone to ’see the light’, why not”. Thanks Bkworm.
This is a Q&A I did with her.
VitalWills : You mentioned “There was some complications with her banker” May I know what complication with the bank that it takes so many years before the hearing?
Bkworm : The bank lost a security document belonging to my late mother. Also, the family was unsure of what to do at the beginning, so we didn’t get a lawyer immediately to help us in the matter.
VitalWills : Did the court required guarantors/sureties in your case?
Bkworm : None was required.
VitalWills : What other steps (that you know of or were advised by your lawyer) that is necessary, after this hearing
Bkworm : We are waiting for the Land Office to issue the LA (after the hearing) but until to date, still no news.
VitalWills : What is the estimated time before everything is finally distributed to the beneficiaries?
Bkworm : Once we get the LA (Letter of Administration), we will be able to do the necessary. The lawyer advised us that it will take 6 months to a year. This delay also has to do with the loss of the security document by the banker.
VitalWills : How much in legal fees have it cost you & your family thus far? If a Will have been written, what steps could have been avoided and how much less would it be?
Bkworm : We haven’t been billed yet but the lawyer has given us an estimate between RM1.5 to RM2K. I don’t really know how much less it will cost us if a Will had been made but I think the concern here is not so much the legal fees but the delay in administering my late mother’s estate.
VitalWills : Could you elaborate a bit what sort of time & hassle you went through?
Bkworm : My mother passed away in 2004. It took the bank more than six months to do their internal checking on the lost document. It was a terrible hassle getting the bank to act on their mistake. By the time, we got that sorted out and applied for the LA, it took another year. We had to follow up with the lawyer repeatedly and the Land Office only called us for a hearing middle of this year. It’s already end of 2007. I think that is telling enough of the kind of hassle that the family had to go through just because my late mother didn’t believe in leaving a Will.
The lesson here is to write your Will. If you have aged parents, find a way to educate them about the importance of a Will. Some parents are concern that the children want their assets. Tell them that you do not want nor need to know the contents of the Will. Point them to a lawyer or a Will writer and let them explain the pro’s and con’s to them.
I better convince my parents to write their will. I never knew that it can take so long. I was approached by a will writer some time ago but I thought all this was just sales talk, trying to scare me to write a will.