Question:
“My husband has passed away recently, and we did not write a Will before. We have no children. My husband has some savings, investments, and one property which is under his own name.”
Answer:
In this scenario, your husband is said to have died intestate. His estate will be distributed according to the Distribution Act 1958, which governs the distribution to his immediate family members. Let’s assume his parents are still alive:
– You will receive 1/2 of his assets.
– His parents will receive the remaining 1/2.
However, if your husband’s parents have already passed away, then you will be entitled to his entire estate.
Next question: Who can apply for a Letter of Administration?
Generally, those who fall under the category of legal beneficiaries have the right to apply for a Letter of Administration. In this scenario, both you and his parents can apply for the Letter of Administration. We recommend seeking legal advice from a professional in Malaysia when applying for a Letter of Administration.
Preparing Your Documents
Applying for a Letter of Administration requires you to prepare more documents compared to a Grant of Probate. Thus, it can be more time-consuming when the beneficiaries do not know where to start or where to find the documents. One of the first documents crucial in applying for a Letter of Administration would be your husband’s death certificate and his identification card.
Next, you need to prepare photocopies of the identification cards of the legal beneficiaries (you and his parents, if any). You also need to bring the marriage certificate to prove your relationship with your husband.
The lawyer will prepare an affidavit detailing your husband’s information, his assets, and liabilities. This document helps the court and interested parties understand the necessary details for asset distribution. Accuracy is crucial, as any errors or missing information could lead to legal issues during estate administration.
In conclusion, it is important for you to have a Will to safeguard the interests of your loved ones. Additionally, it is always advisable to first consult a professional estate planner to ensure that the content of the Will reflects your wishes and intentions.
You may make an appointment with our legal advisor here:
https://calendly.com/finex-and-co-legacy-advisory/tea-talk-with-legal-expert
我的丈夫去世时没有留下遗嘱，我该怎么办？
问题：
“我老公最近去世了，我们之前没有写遗嘱。我们没有子女。我老公有一些存款、投资和一间房子，房子是在他自己名下。“
回答：
在这种情况下，你的老公可以说是在未留下遗嘱的情况下去世的。他的遗产将会根据《1958年遗产分配法》进行分配。假设他的父母还健在的话：
– 你将可以获得1/2，
– 而他的父母将获得1/2。
但是，如果你老公的父母已经去世，那么你将有权获得他的全部遗产。
下一个问题：谁可以申请遗产管理书？
一般来说，合法受益人有权申请遗产管理书。在这种情况下，你和他的父母都可以申请遗产管理书。我们建议你在申请遗产管理书的时候，向马来西亚的法律专业人士寻求法律意见。
准备文件
与遗嘱认证书相比，申请遗产管理书需要准备更多的文件。因此，如果受益人不知道从哪里开始或在哪里找到这些文件，就会导致申请遗产管理书的时候更加费时。申请遗产管理书的首要文件之一是需要你老公的死亡证明和身份证。
接下来，你需要准备受益人（你和他的父母，如果还健在的话）的身份证的复印件。你还需要携带结婚证，以证明你与你的老公的关系。
律师将准备一份宣誓书，详细说明你老公的信息、资产和负债情况。这份文件有助于法庭了解资产分配。因为任何错误或遗漏的信息都可能导致遗产管理过程中出现法律问题。
