We talked about the differences between with and without a will previously, mainly on the timing.
Today, we are going to look at how different are they in term of procedures.
Saturday, September 25, 2021
Wednesday, September 15, 2021
You sure need to know about "sureties"
If we die intestate, [1] our assets will be distributed according to the formulas set out in the Distribution Act 1958, and NOT according to your wishes or the needs of your family members.
[2] The court will appoint a trustee and executor to administer your estate, and this may give rise to disputes between family members or beneficiaries on who should be appointed.
[3] The court will appoint a guardian for your minor children, and the person appointed may not be your preference.
[4] The distribution process will take longer and cost more, ordinarily requiring a bond and the appointment of 2 sureties to guarantee the proper administration of the estate.
Know more about SURETIES:
Due to the difficulties in finding the required sureties, the applicant for the Letter of Administration will usually be advised to file an application for dispensation of sureties to dispense with the requirement of Section 35(1) Probate and Administration Act 1959 and it usually will be granted by the Court.
With a will, there is NO requirement to provide for the sureties as a form of securities for the due administration of the estate.
There is also NO NEED for the executor to apply to the High Court for distribution order because distribution is in accordance with the terms of the will.
Source: Rockwills Corporation Sdn Bhd
[2] The court will appoint a trustee and executor to administer your estate, and this may give rise to disputes between family members or beneficiaries on who should be appointed.
[3] The court will appoint a guardian for your minor children, and the person appointed may not be your preference.
[4] The distribution process will take longer and cost more, ordinarily requiring a bond and the appointment of 2 sureties to guarantee the proper administration of the estate.
Know more about SURETIES:
- 2 sureties who must have assets within the jurisdiction equivalent to the amount of the Deceased’s estate as security for the due administration of the estate.
Due to the difficulties in finding the required sureties, the applicant for the Letter of Administration will usually be advised to file an application for dispensation of sureties to dispense with the requirement of Section 35(1) Probate and Administration Act 1959 and it usually will be granted by the Court.
With a will, there is NO requirement to provide for the sureties as a form of securities for the due administration of the estate.
There is also NO NEED for the executor to apply to the High Court for distribution order because distribution is in accordance with the terms of the will.
Source: Rockwills Corporation Sdn Bhd
Sunday, September 5, 2021
Subscribe to:
Posts (Atom)
我两脚一直、棺材盖下去后,会。。。?
在接触遗嘱之前,我读到关于“盖棺定论”。 也就是因为这个话题,让我毅然决定要为自己立遗嘱,也因此,我加入了乐委,我希望能用这个知识帮助身边更多的人。 试问自己图里所列出的几道问题,你的答案是什么? 我最在意的其中几个问题之一——在离去之前活出你想要的人生,对你来说很重要还是不重要...

-
父母将资产转名给孩子或是相反情况,在缴付印花税时只要能提呈证明彼此关系的文件(如报生纸),就只需支付 50% 印花税。 倘若将产业列入遗嘱,在过世后才分配,则只需付 10零吉,这象征式收费适用于所有通过遗嘱转名的产业。
-
How to calculate RPGT (Real Property Gains Tax)? 如何计算RPGT(房地产增值税) STEP 1: Chargeable Gain = Disposal Price (Selling Price of Property) –...
-
说到立遗嘱,很多人的第一反应都是回避,认为晦气。 遗嘱对于有资产的人来说,可以避免许多由财产分割带来的纠纷。 对于普通人,尤其是购买与遗产有关的保险也是非常有用的。 遗嘱,直白地讲就是说明财产如何分配。财产有很多种类,我们最容易想到的是现金、基金、股票、保险、房产、...