Probate and Estate Dispute Lawyers in Malaysia
Our probate and estate dispute lawyers act in High Court applications for probate and letters of administration, caveats, contested wills, family provision claims and disputes with executors, administrators and trustees in Malaysia. We advise after reviewing the documents.
- Probate and administration applications
- Contested wills and caveats
- English, Bahasa Malaysia, Mandarin
- Online consultations
How We Can Help
- Grants of probate and letters of administration
- Caveats and contested probate actions in the High Court
- Challenges to wills on capacity, undue influence or forgery
- Family provision claims by spouses and dependent children
- Accounts, delay and distribution disputes with executors
- Removal of administrators and trustees, and breach of trust
Reviewed by Ms. Khoo Ai Theng, Founder, Advocate & Solicitor of the High Court of Malaya. Last updated October 2026.
Why Choose Us?
15+ Years
Legal experience
RM5 Million
Small estates limit since 15 July 2024
6 Months
To claim family provision, from the first grant
2 Witnesses
Present together at signing, s 5 Wills Act 1959
Which route does an estate take in Malaysia?
In Malaysia, a non-Muslim estate is administered through the High Court, the small estates process or Amanah Raya Berhad, depending on whether there is a will, what the estate holds and its value. An application in the wrong forum can be transferred or struck out.
- The High Court grants probate or letters of administration under the Probate and Administration Act 1959 (Act 97). It must be used where there is a will or the estate is worth more than RM5 million.
- Since 15 July 2024, an estate of up to RM5 million left by a person who died without a will, whether land, movable assets or both, is a small estate under the Small Estates (Distribution) Act 1955 (Act 98). The Estate Distribution Division of JKPTG distributes it, and its orders can be appealed to the High Court within 30 days (section 29).
- Under section 17 of the Public Trust Corporation Act 1995 (Act 532), Amanah Raya Berhad can administer a movable-only estate, such as bank accounts and EPF savings, worth up to RM600,000.
Muslim estates follow Islamic law (faraid) and a different process; the Wills Act 1959, the Distribution Act 1958 and the Inheritance (Family Provision) Act 1971 do not apply. This page covers non-Muslim estates in Peninsular Malaysia; some rules differ in Sabah and Sarawak.
What is needed to apply for probate or letters of administration?
An executor named in the will applies to the High Court for a grant of probate. If there is no will, or no executor able and willing to act, a person entitled to the estate applies for letters of administration, with the will annexed where there is one. Either application is made by originating summons with a supporting affidavit.
- Collect the death certificate, the original will, identity cards, marriage and birth certificates, and a list of the assets and debts with supporting documents.
- Decide who will apply. No more than four persons can be appointed, and where a beneficiary is a minor or a life interest arises, letters of administration usually go to at least two individuals or a trust corporation (section 4).
- File the papers. An administrator usually has to give security for the due administration of the estate, often through sureties, unless the court orders otherwise (section 35).
- Attend the hearing. Where no one objects, it is usually heard ex parte, often by a registrar.
- After the grant, collect the assets, pay the debts and distribute the balance. A personal representative is not bound to distribute before one year from the death (section 77).
We prepare and file these applications, and we act for applicants and objectors when an application is opposed.
Who inherits if there is no will, and can a dependant claim more?
For non-Muslims in Peninsular Malaysia and Sarawak, an estate without a will is divided under section 6 of the Distribution Act 1958 (Act 300), after the estate’s debts and expenses are paid.
- Where a spouse and children survive, but no parent, the spouse takes one-third and the children two-thirds.
- Where a spouse and parents survive, but no child, they take one-half each.
- Where a spouse, children and parents survive, the spouse takes one-quarter, the children one-half and the parents one-quarter.
- Where children and parents survive, but no spouse, the children take two-thirds and the parents one-third.
- If only a spouse, only children or only parents survive, they take the whole estate.
The children of a child who died earlier share their parent’s portion. Where there is no spouse, issue or parent, siblings, grandparents, uncles and aunts and more remote relatives take in turn.
Under the Inheritance (Family Provision) Act 1971 (Act 39), a spouse, an unmarried daughter, a son who is a minor, or a child unable to maintain themselves because of disability can ask the court for reasonable maintenance from the estate where the will, the intestacy rules or both do not reasonably provide for them. The claim must be made within six months from the first grant, unless the court extends time (section 4).
How can a will be challenged, and how is a grant stopped?
A will can be challenged in the High Court for defective execution, lack of capacity, lack of knowledge and approval, undue influence (coercion, not mere persuasion), fraud or forgery.
- Under section 5 of the Wills Act 1959 (Act 346), a will must be in writing and signed at the foot or end by the testator (or by someone at their direction and in their presence), with the signature made or acknowledged before two or more witnesses present together, who sign in the testator’s presence.
- A gift to an attesting witness or the witness’s spouse is void, though the rest of the will stands (section 9).
- Capacity is judged by the Banks v Goodfellow test, and old age or illness alone does not prove incapacity.
The person relying on the will must prove due execution, capacity, and knowledge and approval, more strictly where a beneficiary helped prepare it. A person alleging undue influence, fraud or forgery must prove it on the balance of probabilities.
Before a grant, a caveat under section 33 of the Probate and Administration Act 1959 prevents a grant without notice to the caveator; a contested matter then goes to a judge, who may order a probate action under Order 72 of the Rules of Court 2012. After a grant, the remedy is revocation (section 34).
What can beneficiaries do about an executor, administrator or trustee?
Beneficiaries can ask the High Court to order accounts, set aside improper dealings or replace an executor, administrator or trustee. The Trustee Act 1949 (Act 208) treats personal representatives as trustees where the context admits.
- A named executor who will not apply can be summoned to prove the will or renounce probate (section 40, Probate and Administration Act 1959).
- A personal representative must, when lawfully required, file an inventory and account by affidavit (section 62), and a beneficiary can bring an administration action under Order 80 of the Rules of Court 2012.
- An administrator needs the court’s prior permission to sell, transfer or charge estate land, and a disposal in breach of section 60 is voidable by another interested person.
- The court can revoke a grant for sufficient cause (section 34) and appoint a substitute or additional trustee (section 45, Trustee Act 1949).
- A trustee who acted honestly and reasonably, and ought fairly to be excused, may be relieved from personal liability for a breach of trust (section 63).
Under the Limitation Act 1953 (Act 254), claims to a share of a deceased person’s personal estate generally have a 12-year limit and most breach of trust claims a six-year limit, but none applies to fraud or to recovering trust property the trustee still holds (sections 22 and 23).
How NZSK handles probate and estate disputes
Every matter starts with a consultation, online or in person at our Puchong or Mont Kiara office, in English, Bahasa Malaysia or Mandarin. We advise after reviewing the actual documents, not on a description alone.
- Bring the death certificate, the will and any earlier wills, any grant or small estate order, a list of the assets and debts, and letters exchanged with the executor, administrator or other family members.
- We confirm the correct route, the time limits that apply and whether a caveat or an urgent application to protect estate assets is needed.
- Where the family can agree, we negotiate terms and have them recorded as a consent order. Where it cannot, our litigation team runs the case in the High Court and, if needed, on appeal.
Cost depends on whether the matter is contested, the number of parties and assets, and whether specialist evidence or a trial is needed. We give a fee quotation after the consultation. Ms. Khoo Ai Theng (Maxine Khoo), a partner and Advocate & Solicitor of the High Court of Malaya admitted in 2014, acts in civil litigation and family law. We act for clients in Kuala Lumpur, Selangor and elsewhere in Malaysia.
Frequently Asked Questions
In Malaysia, a non-Muslim estate must go to the High Court for a grant of probate or letters of administration if the deceased left a will or if the estate is worth more than RM5 million. Since 15 July 2024, an estate worth RM5 million or less, left by a person who died without a will, is a small estate handled by the Estate Distribution Division of JKPTG. Amanah Raya Berhad can also administer estates made up only of movable property worth up to RM600,000.
For non-Muslims in Peninsular Malaysia and Sarawak, the Distribution Act 1958 governs inheritance without a will. With a spouse and children but no parent, the spouse takes one-third and the children two-thirds. With a spouse and parents but no child, each side takes one-half. With a spouse, children and parents, the shares are one-quarter, one-half and one-quarter. With children and parents but no spouse, the children take two-thirds and the parents one-third. If only a spouse, only children or only parents survive, they take the whole estate.
Yes. In Malaysia, a will can be challenged in the High Court if it was not signed and witnessed as the Wills Act 1959 requires, if the testator lacked testamentary capacity or did not know and approve its contents, or if it was obtained by undue influence, fraud or forgery. The person relying on the will must prove it was validly made, and whoever alleges undue influence, fraud or forgery must prove that allegation.
In Malaysia, a person with an interest in an estate can enter a caveat at the High Court under section 33 of the Probate and Administration Act 1959, so that no grant is made without notice to them. A caveat only holds the position. If the caveator is warned and enters an appearance, the matter is referred to a judge and can proceed as a contested probate action under Order 72 of the Rules of Court 2012.
In Malaysia, a claim under the Inheritance (Family Provision) Act 1971 must be made within six months from the date representation is first taken out, meaning the first grant of probate or letters of administration. The court may extend time if the limit would operate unfairly. A claim may be brought by a spouse, an unmarried daughter, a son who is a minor, or a son or daughter unable to maintain themselves because of disability.
Yes, with a court order. In Malaysia, the High Court can revoke or amend a grant of probate or letters of administration for any sufficient cause under section 34 of the Probate and Administration Act 1959, for example serious misconduct or a conflict that prevents proper administration. Before that step, a beneficiary can require the personal representative to file an inventory and account, or bring an administration action asking the court for accounts and directions.
There is no fixed period. In Malaysia, an uncontested application for probate or letters of administration is filed in the High Court by originating summons and is usually heard ex parte, often by a registrar. The time depends on the court's list, whether the papers are complete and whether further evidence is requested, such as an affidavit from an attesting witness on how the will was signed. A caveat or a challenge to the will takes considerably longer.
The cost of a probate application or estate dispute in Malaysia depends on whether the matter is contested, the number of beneficiaries and assets, whether sureties or further affidavits are needed and, in a dispute, whether medical or handwriting evidence, urgent applications or a full trial are required. Court fees and reports are separate disbursements. NZSK gives a fee quotation after reviewing the documents at a consultation, online or in person.
Facing a contested will or an estate dispute?
Some estate claims are time-limited, such as the six-month period for family provision claims, so take advice early. We advise once we have reviewed your documents at a consultation, online or in person, at our Puchong or Mont Kiara office.
- (+60)12-401 4799 | (+60)3-8060 0267
- [email protected]
Consultation by appointment at Mont Kiara, Kuala Lumpur and Puchong, Selangor, or online.
