Probate For Foreigners

Here are some common questions about probate in Malaysia we receive from foreigners who own property in Malaysia.

1. Do I need to write a Will for property I own in Malaysia?

If you are from a Commonwealth country and already have a Will, then you may not need to write a Will in Malaysia for property in Malaysia. However, you need to make sure your Malaysian property is mentioned in your Will

Having said that, if you have a Will written in Malaysia, specifically for assets here, then it would be faster for your beneficiary to inherit your assets. While your executor applies for grant of probate in the your home country, he can apply for grant of probate in Malaysia at the same time

2. What if I’m not from a Commonwealth country?

We suggest that you have a Will written in Malaysia to cater for your assets here

3. Do I need a lawyer to apply for probate in Malaysia?

Yes, you’ll need a lawyer to apply for probate in Malaysia

4. I want a Malaysian Will written to cater only for assets in Malaysia. Would it affect my other Will written earlier?

No. We draft a complement Will to ensure it only caters for assets in Malaysia only and it will not affect your other Will.

5. I bought a property and it is under construction. Do I need to write a Will?

Although the property is under construction, you have legal ownership of the property. If you do not write a Will to account for this property, then you executors might not have the authority to deal with this property. Therefore it would be advisable to include it in your Will

6. Is there any estate duty in Malaysia?

No

7. I’m the executor for a Will and the deceased have properties in Malaysia. What should I do?

You’ll need to appoint a lawyer who will help you apply for the grant of probate. We can refer you to lawyers who specialized in probate matters if you don’t know any lawyers.

8. I still have question. What should I do?

You can contact us and we will do our best to assist you.