The Inheritance of property becomes an issue once the owner has passed on. Whether there is a Will or not, approval must be obtained before the estate can be distributed.
Every individuals endeavours to acquire property.Such property takes different forms. It could be cash, money in bank, shares in a business enterprise or real estate in form of land or residential or industrial building.
When a person's life comes to an end, all this is left behind. What happens to such property and to whom it goes to is referred to as the administration of estate of the deceased. Where a person has directed , through a Will to whom the property or estate is to go to, this will be carried out to the extent that the law of the country allows. Otherwise, the property will pass on to personsor bodies as stipulated by law.
When those who are entitled to the property can amicably agree on the manner the property is to be passed down, the process of devolution will run smoothly. However , when there is dissension among those who claim inheritance, a costly and prolonged litigation may ensue.
Whether there is a cordial relationship or bitter dispute between those who are entitled to the inheritance, the courts and in some cases,other tribunals, have to be involved to supervise the inheritance process.
When the property is comprised wholly or partly of land, and does not exceed the value of RM600,000, one need not always go to the High Court. In such a situation, an application can be made under the Small Estate (Distribution) Act 1955.
The Act contains provisions for the administration of customary as well as native land. Under this Act, the collector of the district where the greater part in value of the property is situated, has exclusive jurisdiction to deal with the distribution and administration of the whole estate, unless this specifically restricted.
The High Court is not entirely irrelevant to the process. The court continues to have the power to be involved and is available for references to be made to it on points of law so that its opinion and direction may be sought. The High Court is also available to hear any appeals made by any person who is aggrieved by any order or decision made by a collector.
Where the property of the deceased does not come within the scope of being a small estate, then those who seek to administer the estate must resort to the High Court for its endorsement , whether or not the inheritance is disputed.
When a person dies leaving no Will, he is said to die interstate. In such cases, an application to administer the property is made by way of petition for Letter Of Administration. Upon everything being order, the court issues a Grant Of Administration. For such, the applicant will be required to furnish 2 sureties ( guarantors) .
When a person leaves a Will to cover all his property, the administration of the estate requires a Petition for Probate ( Letter of Probate) . Upon the court being satisfied with the Will, a Grant of Probate is issued to the applicant with an executor appointed whether named in Will or appointed by court.
Thus whether there is a Will or not, an application has to be made to the High Court to administer the estate of the deceased person before administration and distribution of estate can proceed.
This procedure is in place to ensure that those who are legitimately entitled to inheritances are amply protected. Any disputes to claimed rights is determined at this stage before distribution of the inheritance can proceed.
This discussion would be incomplete without some references to Wills. A Will is a direction by a person as to how the property and inheritance is to be dealt with upon his death as well as how certain other aspects are to be addressed. Two aspects relating to a Will need to be mentioned at this stage.
> The Will does not do away with the need to apply to the appropriate tribunal ( the High Court)
> It existence is no guarantee that everything will be carried out accordingly. It is possible for a Will to be challenged and this could lead to complex litigation. There could be occasions when the validity of a Will is not challenged . However modification or attempts to qualify its full effort could emerge. This could occur when there are specific circumstances provided for by the law.
There is also a difference in approach when it comes to Will for Muslims. In the case of Muslims, the inheritance has to be on the basis of Syariah law principles.
A Muslim can only will away not more than 1/3 of its estate to those who are not entitled under Syariah law. The remainder will be required to abide by Syariah Law
Sunday, January 12, 2014
Do You Have A Valid Will ?
If your answer is "NO", you better read on;-
1. 9 out of 10 adults in this country do not have a Will.
2. Most assume that it is inconvenient, expensive and the process is too complicated. Some are afraid to even think of death.
3. But without a Will, the delay in processing your estate may cause hardship to your loved ones.
Why Write A Valid Will?
A Will allows you to decide how your assets are to be distributed according to your wishes rather than letting the law decide for you.
A Will ensures that your loved one do not have to go through a long legal process and possible disputes just to inherit what you have intended to provide for them especially at a time when they need the financial support the most.
A Will allows you to appoint someone of your choice as Executor/ Trustee to carry out your wishes and administer your estate.
A Will allows you to appoint someone you trust as Guardian to care for your minor children when you are not able to care for them yourself.
1. 9 out of 10 adults in this country do not have a Will.
2. Most assume that it is inconvenient, expensive and the process is too complicated. Some are afraid to even think of death.
3. But without a Will, the delay in processing your estate may cause hardship to your loved ones.
Why Write A Valid Will?
A Will allows you to decide how your assets are to be distributed according to your wishes rather than letting the law decide for you.
A Will ensures that your loved one do not have to go through a long legal process and possible disputes just to inherit what you have intended to provide for them especially at a time when they need the financial support the most.
A Will allows you to appoint someone of your choice as Executor/ Trustee to carry out your wishes and administer your estate.
A Will allows you to appoint someone you trust as Guardian to care for your minor children when you are not able to care for them yourself.
Sunday, October 13, 2013
Abandoned Mum
I will be 72 years old come November, 2011. I was married at quite a young age and have two children. My first delivery was a most frightening, not to mention the morning sickness I went through during the nine months of pregnancy.
It was a consolation when I gave birth to a beautiful girl. She still is- she won a beauty contest and represented the country abroad. She make the family proud.
Two years after that, I gave birth to a handsome boy with dark brown eyes and brown hair.
Both my children, apparently, have become very successful in life. The girl graduated with a Master's Degree and the boy is an engineer with a prestigious shipping company.
My son married someone older than him. I was never told, what more invited to the wedding. After two children, they divorced. My son found out that she was sleeping with another man.
I suppose a mother's blessing is a must. I did not have any inkling that my children would go so far as not to regard me as their mother.
Sometime in 1985, while my daughter was working with a five star hotel, I had to see her to purchase an air ticket to go to Rome with her for a holiday.
She was not around when I arrived, so the hotel receptionist paged for her.
As soon as she saw me, she looked worried and asked, rather fiercely:"Who did you say you are?"
I knew what the answer should be, so I said, " I'm her friend.", to which she replied , "Oh, ok", and then relaxed. A friend? And so I knew that she did not want it to be known that I'm her mother.
As far as I am concerned, I've always been well-dressed, in the sense that I don't wear revealling clothes that can make a sailor blush.
I've realized, a little too late, that I'd made the biggest mistake of my life-spare the rod and spoil the child. And so I've failed because I did not trash the life out of her when she was growing up.
Had I done so, things would have been different today.
Even my son doesn't get in touch with me, let alone send home money to support me.
Nevertheless, I am proud of their achievements and I thank Allah for making them filthy rich, while I live from hand to mouth.
I make a big mistake the other day by calling my son. I explained to him(although he already knew) that I'm no longer earning and needed some financial help.
I reminded him that I had never said no to whatever he wanted, or however much money he required when he was schooling. Name it and he got it-with my gold credit card, uncommon in those days. The same applied to his sister.
His reply was shocking: " I picked up this phone not to listen to all these."
That was it. I did not prolong the conversation and ended with, "Okay son, may God bless you."
My heart sank as I wiped my tears. i had only intended to request a monthly allowance.
I pray that I may become rich again one day. After much soul-searching, I have yet to fathom what offence I could have committed to deserve their cold shoulder.
I lost my mother a few years ago, yet I still yearn for her touch, even though I am this old. Maybe it's because I was pampered as an only child. I wonder if both my children have any conscience...........
What I have learnt from the Holy Quran is that one shouldn't curse because if one lets Allah mete out the punishment, it will be more severe than what you pray for.
In other words, i leave it to Allah to do the rest. I'm sure I will live to see them punished.
My children will realize then what it's like to be alone, and counting the days till Allah calls you home.
By then, money would mean nothing, for what goes around come around.
by Tanggang (Star Sunday, 14th August, 2011 )
The Moral of the True Story:
Be prepared for our own retirement. Never trust our children for financial help. Sometimes, in today's world, the glamour of the world, the rising cost of living, the prestige they want to enjoy, they hardly spare any for the old man and lady that raises them at home.
Not to mentioned the stress that they undergo, makes them wild and unfriendly people.
A Malay Proverb: " Sedia Payung Sebelum Hujan" ( Prepare an umbrella before rains)
Before we retire, keep whatever we have for the rainy and golden years ahead.
It was a consolation when I gave birth to a beautiful girl. She still is- she won a beauty contest and represented the country abroad. She make the family proud.
Two years after that, I gave birth to a handsome boy with dark brown eyes and brown hair.
Both my children, apparently, have become very successful in life. The girl graduated with a Master's Degree and the boy is an engineer with a prestigious shipping company.
My son married someone older than him. I was never told, what more invited to the wedding. After two children, they divorced. My son found out that she was sleeping with another man.
I suppose a mother's blessing is a must. I did not have any inkling that my children would go so far as not to regard me as their mother.
Sometime in 1985, while my daughter was working with a five star hotel, I had to see her to purchase an air ticket to go to Rome with her for a holiday.
She was not around when I arrived, so the hotel receptionist paged for her.
As soon as she saw me, she looked worried and asked, rather fiercely:"Who did you say you are?"
I knew what the answer should be, so I said, " I'm her friend.", to which she replied , "Oh, ok", and then relaxed. A friend? And so I knew that she did not want it to be known that I'm her mother.
As far as I am concerned, I've always been well-dressed, in the sense that I don't wear revealling clothes that can make a sailor blush.
I've realized, a little too late, that I'd made the biggest mistake of my life-spare the rod and spoil the child. And so I've failed because I did not trash the life out of her when she was growing up.
Had I done so, things would have been different today.
Even my son doesn't get in touch with me, let alone send home money to support me.
Nevertheless, I am proud of their achievements and I thank Allah for making them filthy rich, while I live from hand to mouth.
I make a big mistake the other day by calling my son. I explained to him(although he already knew) that I'm no longer earning and needed some financial help.
I reminded him that I had never said no to whatever he wanted, or however much money he required when he was schooling. Name it and he got it-with my gold credit card, uncommon in those days. The same applied to his sister.
His reply was shocking: " I picked up this phone not to listen to all these."
That was it. I did not prolong the conversation and ended with, "Okay son, may God bless you."
My heart sank as I wiped my tears. i had only intended to request a monthly allowance.
I pray that I may become rich again one day. After much soul-searching, I have yet to fathom what offence I could have committed to deserve their cold shoulder.
I lost my mother a few years ago, yet I still yearn for her touch, even though I am this old. Maybe it's because I was pampered as an only child. I wonder if both my children have any conscience...........
What I have learnt from the Holy Quran is that one shouldn't curse because if one lets Allah mete out the punishment, it will be more severe than what you pray for.
In other words, i leave it to Allah to do the rest. I'm sure I will live to see them punished.
My children will realize then what it's like to be alone, and counting the days till Allah calls you home.
By then, money would mean nothing, for what goes around come around.
by Tanggang (Star Sunday, 14th August, 2011 )
The Moral of the True Story:
Be prepared for our own retirement. Never trust our children for financial help. Sometimes, in today's world, the glamour of the world, the rising cost of living, the prestige they want to enjoy, they hardly spare any for the old man and lady that raises them at home.
Not to mentioned the stress that they undergo, makes them wild and unfriendly people.
A Malay Proverb: " Sedia Payung Sebelum Hujan" ( Prepare an umbrella before rains)
Before we retire, keep whatever we have for the rainy and golden years ahead.
Saturday, January 5, 2013
Thursday, March 29, 2012
Tuesday, February 7, 2012
What Are The Solutions To These Problems ??
"Cash" - is the real solution
Cash - to keep the company going during the period when income decreases and expenses increases
Cash- to pay creditors so that they stay reassured and confidence renewed
Cash- to reimburse credit facilities / borrowings from bank
Cash- to pay salaries/wages, expenses incurred, dues owe to clients and to reassured that business runs as usual .
Cash- to recruit, engage, hire and train a replacement for the keyman
Cash- to cover the cost of mistakes/errors of a replacement will make in the learning process of a keyman.
Cash - to keep the company going during the period when income decreases and expenses increases
Cash- to pay creditors so that they stay reassured and confidence renewed
Cash- to reimburse credit facilities / borrowings from bank
Cash- to pay salaries/wages, expenses incurred, dues owe to clients and to reassured that business runs as usual .
Cash- to recruit, engage, hire and train a replacement for the keyman
Cash- to cover the cost of mistakes/errors of a replacement will make in the learning process of a keyman.
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