The Letter of Executorship is a fundamental document in Malaysian estate administration, issued under the jurisdiction of the High Court of Malaysia. This document becomes necessary when a person passes away leaving assets that need to be administered, whether there is a will or not. The Letter of Executorship grants the appointed executor(s) legal authority to manage the deceased's estate, including collecting assets, paying debts, and distributing property to beneficiaries. It is governed by the Probate and Administration Act 1959 and must comply with Malaysian legal requirements, including additional considerations for Muslim estates under Shariah law where applicable. Banks, government agencies, and other institutions typically require this document before allowing access to or transfer of the deceased's assets.
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1. Court Header and Reference: Official court header, case number, and jurisdiction details
2. Title of Document: Clear statement that this is a Letter of Executorship/Grant of Probate
3. Identification of Deceased: Full name, last address, occupation, and date of death of the deceased
4. Will Reference: Details of the will (if any) including date of execution and any codicils
5. Executor Identification: Full name, address, and identification details of the appointed executor(s)
6. Grant of Authority: Formal statement granting executorship powers and responsibilities
7. Estate Value: Declared gross and net value of the estate
8. Date and Seal: Official court date, seal, and registrar's signature
1. Co-Executor Provisions: Required when multiple executors are appointed, specifying joint and several responsibilities
2. Limited Grant Conditions: Used when the grant is limited in scope or subject to specific conditions
3. Foreign Assets Declaration: Required when the deceased owned assets in other jurisdictions
4. Shariah Compliance Statement: Required for Muslim estates where Islamic law principles apply
5. Caveat Statement: Required if there are any caveats or restrictions on the grant
1. Schedule A - Estate Assets: Detailed inventory of the deceased's assets and their values
2. Schedule B - Estate Liabilities: List of all known debts and liabilities of the estate
3. Schedule C - Beneficiary Details: List of beneficiaries and their entitlements under the will or law
4. Appendix 1 - Death Certificate: Certified copy of the death certificate
5. Appendix 2 - Will: Certified copy of the last will and testament (if any)
6. Appendix 3 - Executor's Affidavit: Sworn statement by executor regarding the accuracy of information provided
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