Tag Archives: legal advice for wills ipoh

In The Name of My Father’s Estate (Episode 19)

Share

Rockwills - wills and trusts - ipoh estate planningBy Peter Lee

One week after the last meeting, all the beneficiaries, namely: Mrs Patricia Lee (Lee Sr’s first Wife) and her children, John Lee, Nick Lee, Steven Lee, Michele Lee, Nancy Lee and Sandy Lee together with Connie (Lee Sr’s second wife) and her minor children Steve, Jimmy and Jennifer gather at Dave’s (Lawyer) office to sign the relevant documents to kick start the application for the Letter of Administration (LA).

As everyone settled down in the meeting room, Dave said, “Good afternoon and thank you for coming. Today’s signing of documents will involve all beneficiaries entitled to the estate to sign the letter of consent to appoint the Administrators, namely: John, Michele and Connie. Those who are not appointed as Administrators will have to sign a letter of renunciation renouncing their rights to be the Administrators of the estate. As for Connie, you have to sign on behalf of your three children as they are still below 18 years old. Then, the Administrators appointed must sign the affidavits for the application of LA. The other matter is that we have to submit the names of Guarantors for the estate, namely: Mrs Patricia Lee, John and Connie as agreed in our earlier meeting.”

“Now, are there any questions before signing?” Mrs Patricia Lee asked, “Dave, how long will this application take and when can we receive our entitlement?” In reply Dave said, “I am not sure about this because it really depends on how fast we can submit the LA to the High Court and this submission must also be accompanied by all the lists of assets which the Administrators have to forward to me. The other thing is that, as discussed in my earlier meeting with John, Michele and Connie, I also need the Death Certificate of Lee Sr’s parents. This is because they are entitled to a quarter (¼) of his estate if they were alive. So, to eliminate their entitlement I have to submit their death certificates to the High Court as proof.”

John then said, “Dave, I have asked my father’s brothers and none of them have my grandparents’ death certificates. I think you have to proceed applying for the presumption of death certificate as discussed in our last meeting. Mrs Patricia Lee then said, “Looking at the way things are going, I wonder whether I will be dead before I receive the assets from the estate?” Dave continued and said, “Okay, if there are no more questions or objections to the signing, we shall proceed with the signing?” As there were no objections, everyone signed on the documents required. Nick then asked Dave, “Can you submit the LA to the High Court even though the list of assets provided is not complete so that the application for LA can move first and subsequently any outstanding documents can be submitted later?” In response, Dave said, “By right, this kind of submission requires a complete list of items which I have mentioned but under your family’s circumstances, I will have to seek permission from the High Court whether I could do this.” Mrs Patricia Lee said, “Dave, please do proceed and try Nick’s suggestion. To this Dave said, “Okay, I will try with this suggestion.” Then Dave further said, “As you are all aware there are also overseas assets involved in this estate. Therefore, we need a separate application of LA from these respective countries to collect the assets. So, are the Administrators willing to travel to these countries to do this job?” All the three Administrators declined and asked Dave to appoint a lawyer or a Trustee Company to act on their behalf.

Peter Lee is an Associate Estate Planning Practitioner (Wills & Trust) with Rockwills International Group. He is also an Islamic Estate Planner providing Wills & Trust services for Muslims. He can be reached at: 012‑5078825/ 05‑2554853 or excelsecms@gmail.com. Website: http://www.wills-trust.com.my. His Book “To Delay is Human but to Will is Divine” (96 pages, RM28) is available at his office: 108 (2nd Floor), Jalan Raja Ekram, 30450 Ipoh; Rashi Mini Market (019-510 6284), 37 Jalan Perajurit, Ipoh Garden East; Ipoh Echo and at all major bookstores.

Will Writers Ipoh

Share

PhotoSpeed

Too often we have heard this sad statement, “I should have…”

The blood test results are out and we hear regrets like, “I should have… done this test regularly”, “I should have… controlled my diet”, “I should have… seen a doctor earlier instead of procrastinating”. All these “I should haves…” are expressions of regret and show that prevention is better than cure. If we want to be the architect of our own life and to design our destiny, then we must take action to control and prevent unpleasant things from happening.

One of the “I should have…” statements we can avoid would be to ensure we have written a WILL. By writing a WILL, you are able to appoint your EXECUTORS and GUARDIANS for children who are minors. Sometimes loving parents assume that if they pass away, their parents or even their brothers or sisters would automatically be the guardians of their minor children. Sadly, this is a false assumption. They have to be appointed before they can act. If no guardians are appointed under the WILL, then guardians will have to be appointed by the Court by application.

Under the Guardianship of Infants (Amendment) Act, 1999, the mother of an infant child is given equal rights with the father on matters relating to the custody or upbringing of a child. With the amendment, a parent can actually appoint someone to be a guardian for the child who is a minor and also to act jointly with the surviving parent. This helps to allay the fears of those who cannot trust their spouse/ex-spouse for whatever reasons to bring up the child alone.

Wouldn’t it be extremely important if we can plan for the future to protect our children and avoid the “I should have…” situation? Therefore, why not take the first step to protect your family by writing a WILL?


Peter Lee is an Associate Estate Planning Practitioner (Wills & Trust) with Rockwills International Group. He is also an Islamic Estate Planner providing Wills &Trust services for Muslims. His Book “To Delay is Human but to Will is Divine” (96 pages, RM28, Hard copy) is available at Rashi Mini Market (019-510 6284), No. 37, Jalan Perajurit, Ipoh Garden East or at Ipoh Echo. Chinese and English version of his book is also available at his office: No. 108 (2nd Floor), Jalan Raja Ekram, 30450 Ipoh, Perak. He can be reached at: