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Tan, Daha & Fadzilah Advocates & Solicitors
Tan, Daha & Fadzilah Advocates & Solicitors
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Merchant Partnership Services

Johor,Skudai,Taman Ungku Tun Aminah - Grant Probate

30-Sep-2021

Grant Probate

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Scenario

  • Auntie May’s husband passed away, she show to the bank of her late husband’s Last Will and Testament and claim that she is the sole beneficiary to claim her late husband’s estate money in the bank savings account.
  • Auntie May’s was not able to claim her late husband’s money from the bank because she is not able to produce the Grant Probate.
  • Auntie May was confused and do not understand why is there necessary to produce a Grant Probate for her name is clearly stated in her late husband’s Will that she is the sole beneficiary of her late husband’s estate.

Why Grant Probate?

  • Section 2 Probate And Administration Act 1959
“Probate” means a grant under the seal of the court authorizing the executor or executors named under a deceased’s Last Will and Testament to administer the testator’s (deceased’s) estate.
  • To prove that the deceased left a valid Will and the executor who is willing to act as such.
  • To ensure the executor who is so appointed legally enforce and execute his duties based on the deceased’s Will.
  • To prevent possible dispute from the interested parties who may claim to have interest in the deceased’s estate.

Procedure
Filing of cause papers
>
Hearing
>
Extraction of Grant

Requisite Document for Grant Probate Application

  • Original Death Certificate
  • Original Last Will and Testament
  • Executor’s copy identity card
  • Beneficiary’s copy identity card / birth certificate
  • Immovable estate: copy land title or quit rent receipt
  • Movable estate : copies of Bank Book (info page) or bank statement; Mutual Funds Account Statement , Vehicles’ Registration Card and etc… 

Duration

  • Currently, the High Court of Johor Bahru would fix the hearing date in 3 working days from the date of filing the cause papers. Other states may take longer time to fix a hearing date which is depend on the case volume and the  arrangement of that High Court.
  • The extraction of Grant Probate would take about 7 working days from the hearing date.

Certified True Copy of the Grant Probate

  • Certain departments such as banks, land office, state authority, insurance company and etc.. would request the Grant Probate to be certified as true copy by the Registrar of the High Court to facilitate the claim or transfer of the deceased’s estate to the executor and / or the beneficiary.
  • As not every department would require the CTC Grant Probate, the executor should first enquire the relevant departments if such CTC Grant Probate is necessary for claiming the deceased’s estate.

Summary
 
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Tan, Daha & Fadzilah Advocates & Solicitors
5-B, Jalan Pendekar 16, Taman Ungku Tun Aminah, 81300 Skudai, Johor, Malaysia.

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Website: https://www.tdfsolicitors.com.my
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