Will Execution Hand Book
Congratulations on making the wise decision to write your Will.
While a written Will facilitates the distribution of your assets to your loved ones, there may be delays in executing the Will due to insufficient information or lack of documentary support required for transferring some assets.
This handbook is designed to guide you in executing a Will. Understanding the involved steps is crucial to ensure that your wishes are fulfilled after your death.
The Will Execution Handbook assists you in preparing all the necessary documents in advance and also guides your family members on the actions they should take during execution.
Documents Required
Please make a photocopy of the documents listed below and keep them in a safe place. Write down the location of these documents in your Asset Update booklet or inform your Executor of their whereabouts.
1) Marriage Certificate, if any
2) Your Identity Card/Passport
3) Your children’s/beneficiaries’ Identity cards/Birth Certificates
4) Vehicle Registration Card
5) Employee Provident Fund (EPF) statement
6) Insurance Policies
7) Issue Document of Title to Real Estate Property/Land
8) Company Registration Certificate
9) Central Depository Shares (CDS) statement
10) Credit Cards Statements
11) Bank Accounts Statements and/or Bank Passbook
12) Income Tax Statement
13) Unit Trust Certificate or Statement
14) Photo of the Safe Box and indicate the location/company
15) Any other investments certificates
16) Any other documents relating to any additional assets
To help facilitate the transfer of the various types of assets, we provide you with helpful information as listed below.
- BANK ACCOUNTS
- SAFE DEPOSIT BOX
- EMPLOYEE PROVIDENT FUND (EPF)
- INSURANCE POLICIES
- BUSINESS
- INVESTMENTS
- VEHICLES
- IMMOVABLE PROPERTIES
- INCOME TAX
BANK ACCOUNTS
This includes:
a) The deceased’s passbook
b) Any statements of accounts
The Executor may apply to the bank concerned for a copy of the account statement to determine valuation before distribution. They will need to produce to the bank certified true copies of the following documents:
a) Will of the deceased
b) Deceased’s death certificate from the National Registration Department
c) Identity Card/Passport of the deceased
SAFE DEPOSIT BOX
The Executors may apply to the bank to examine the contents of the safe deposit box held in the deceased’s name by providing a certified true copy of the death certificate. This examination must be conducted in the presence of a Bank Officer and the appointed solicitor. After reviewing the contents, the Executors may then apply to the bank to remove items from the safe deposit box.
EMPLOYEE PROVIDENT FUND (EPF)
If EPF nominees were nominated
The Executor shall apply to the EPF Board to release the EPF sum to the nominees who are above 18 years of age. They must present original copies of the death certificate, marriage certificate (where the spouse is a nominee), and children’s birth certificates (where children are nominees) to the EPF officer for verification. For children below 18 years of age, the EPF Board will withhold their shares until they reach the specified age or pass them to a Trustee, subject to EPF approval. If the nominees named by the deceased in the prescribed EPF forms are different from the beneficiaries named in the Will, the names in the prescribed EPF forms shall take precedence.
If EPF nominees were not nominated
The Executor must present original copies of the death certificate, marriage certificate, children’s birth certificates to the EPF Board for verification. The EPF sum will be released to the beneficiaries named in the Will, provided that all necessary documentation and procedures have been followed.
INSURANCE POLICIES
If beneficiaries were nominated
The nominated beneficiaries can claim any insurance policies under the deceased’s name. The Executor shall produce a certified true copy of the deceased’s death certificate to the insurance company for them to release the claim. If the nominees named by the deceased in the insurance policy differ from the beneficiary/beneficiaries named in the Will, the nominees named in the insurance policy shall prevail.
If beneficiaries were not nominated
When beneficiaries were not nominated by the deceased in his Insurance policy, the persons named in the Will shall benefit from the claim.
BUSINESS
Sole Proprietorship
If the deceased was a sole proprietor of a business, the Executor can transfer the business ownership to the persons named in the Will. The Executor must inform Suruhanjaya Syarikat Malaysia (SSM) of the deceased’s death and the transfer of ownership to the new proprietor. To do so, the Executor must submit certified true copies of the death certificate of the deceased.
Remark: The sole proprietorship will cease upon the owner’s death.
All business assets owned by the Sole Proprietor will be distributed to the beneficiaries upon the owner’s death, following the manner of distribution outlined in the Will.
Partnership
If the deceased was a partner in a company, the Executor must act in accordance with the Deed of Partnership (if one exists) and the Will. In the absence of a Deed of Partnership, the Executor must adhere to the Partnership Act to administer the estate as stipulated by the Will.
Private Limited Company (Sdn Bhd)
The Executors must notify the Company Secretary of the said businesses about the deceased’s death. They shall submit to the Company Secretary certified true copies of the death certificate of the deceased. The Company Secretary will then proceed with the documentation and procedures of share transferring to the beneficiary/beneficiaries, subject to the shareholding agreement, if any.
INVESTMENTS
Investment instruments including shares, unit trusts, stocks, and bonds that were held under the deceased’s name may be transferred to the individuals designated in the Will, following the instructions it contains. The Executor is required to submit certified true copies of the deceased’s death certificate, the Grant of Probate, and the investment certificates to the relevant financial institution. Additionally, they must fill out the appropriate Transfer forms to officially record the change in ownership to the beneficiaries.
Where the shares are of listed companies, the Executor shall write to the Malaysian Central Depository Sdn Bhd to notify them of the deceased’s death. The Executor will be required to fill up a transfer form to transfer the shares directly to the beneficiaries or, in case of indivisible shares, to the Executor or one of the Executors who will later do the necessary transfer from his account to the beneficiary/beneficiaries. For the transfer of shares in Bursa Malaysia, there will be some administration charges by Bursa Malaysia.
VEHICLES
The Executor should provide information and the registration cards of all vehicles, including the deceased’s cars, vans, and motorcycles. The Executor shall inform Jabatan Pengangkutan Jalanraya (JPJ) and deal with the vehicles as instructed in the Will, including the sale of vehicles or transfer of ownership to the beneficiary.
IMMOVABLE PROPERTIES
Immovable properties include houses, apartment, condominiums, land, shop lots, etc., either solely or jointly owned.
Property with title
Where the deceased has individual title/strata title over the property, the Executor will require certified true copies of the death certificate and property title. If the property is charged to a bank, the Executor will need the charge documents. The Executor shall appoint solicitors to execute the property transfer with title to the beneficiary/beneficiaries according to the Will.
Property without title
For properties that lack an individual title or strata title, the Executor will need the deceased’s death certificate and the Deed of Assignment.
The Executor must follow the instructions outlined in the Will regarding the disposition of the properties. Before any transfer to the beneficiaries can take place, the Executor is responsible for settling all outstanding mortgages or loans using the Estate’s assets.
INCOME TAX
The Executor must first submit a clearance letter to Lembaga Hasil Dalam Negeri (LHDN) to notify them of the death of the deceased by attaching a certified true copy of the death certificate.
The LHDN will later inform the Executor of the outstanding income tax amount payable by the deceased if any. The Executor must then complete the relevant forms and pay the outstanding tax incurred by the deceased. The deceased’s income tax account will be closed upon receiving the outstanding amount.
BANK ACCOUNTS
This includes:
a) The deceased’s passbook
b) Any statements of accounts
The Executor may apply to the bank concerned for a copy of the account statement to determine valuation before distribution. They will need to produce to the bank certified true copies of the following documents:
a) Will of the deceased
b) Deceased’s death certificate from the National Registration Department
c) Identity Card/Passport of the deceased
SAFE DEPOSIT BOX
The Executors may apply to the bank to examine the contents of the safe deposit box held in the deceased’s name by providing a certified true copy of the death certificate. This examination must be conducted in the presence of a Bank Officer and the appointed solicitor. After reviewing the contents, the Executors may then apply to the bank to remove items from the safe deposit box.
EMPLOYEE PROVIDENT FUND (EPF)
If EPF nominees were nominated
The Executor shall apply to the EPF Board to release the EPF sum to the nominees who are above 18 years of age. They must present original copies of the death certificate, marriage certificate (where the spouse is a nominee), and children’s birth certificates (where children are nominees) to the EPF officer for verification. For children below 18 years of age, the EPF Board will withhold their shares until they reach the specified age or pass them to a Trustee, subject to EPF approval. If the nominees named by the deceased in the prescribed EPF forms are different from the beneficiaries named in the Will, the names in the prescribed EPF forms shall take precedence.
If EPF nominees were not nominated
The Executor must present original copies of the death certificate, marriage certificate, children’s birth certificates to the EPF Board for verification. The EPF sum will be released to the beneficiaries named in the Will, provided that all necessary documentation and procedures have been followed.
INSURANCE POLICIES
If beneficiaries were nominated
The nominated beneficiaries can claim any insurance policies under the deceased’s name. The Executor shall produce a certified true copy of the deceased’s death certificate to the insurance company for them to release the claim. If the nominees named by the deceased in the insurance policy differ from the beneficiary/beneficiaries named in the Will, the nominees named in the insurance policy shall prevail.
If beneficiaries were not nominated
When beneficiaries were not nominated by the deceased in his Insurance policy, the persons named in the Will shall benefit from the claim.
BUSINESS
Sole Proprietorship
If the deceased was a sole proprietor of a business, the Executor can transfer the business ownership to the persons named in the Will. The Executor must inform Suruhanjaya Syarikat Malaysia (SSM) of the deceased’s death and the transfer of ownership to the new proprietor. To do so, the Executor must submit certified true copies of the death certificate of the deceased.
Remark: The sole proprietorship will cease upon the owner’s death.
All business assets owned by the Sole Proprietor will be distributed to the beneficiaries upon the owner’s death, following the manner of distribution outlined in the Will.
Partnership
If the deceased was a partner in a company, the Executor must act in accordance with the Deed of Partnership (if one exists) and the Will. In the absence of a Deed of Partnership, the Executor must adhere to the Partnership Act to administer the estate as stipulated by the Will.
Private Limited Company (Sdn Bhd)
The Executors must notify the Company Secretary of the said businesses about the deceased’s death. They shall submit to the Company Secretary certified true copies of the death certificate of the deceased. The Company Secretary will then proceed with the documentation and procedures of share transferring to the beneficiary/beneficiaries, subject to the shareholding agreement, if any.
INVESTMENTS
Investment instruments including shares, unit trusts, stocks, and bonds that were held under the deceased’s name may be transferred to the individuals designated in the Will, following the instructions it contains. The Executor is required to submit certified true copies of the deceased’s death certificate, the Grant of Probate, and the investment certificates to the relevant financial institution. Additionally, they must fill out the appropriate Transfer forms to officially record the change in ownership to the beneficiaries.
Where the shares are of listed companies, the Executor shall write to the Malaysian Central Depository Sdn Bhd to notify them of the deceased’s death. The Executor will be required to fill up a transfer form to transfer the shares directly to the beneficiaries or, in case of indivisible shares, to the Executor or one of the Executors who will later do the necessary transfer from his account to the beneficiary/beneficiaries. For the transfer of shares in Bursa Malaysia, there will be some administration charges by Bursa Malaysia.
VEHICLES
The Executor should provide information and the registration cards of all vehicles, including the deceased’s cars, vans, and motorcycles. The Executor shall inform Jabatan Pengangkutan Jalanraya (JPJ) and deal with the vehicles as instructed in the Will, including the sale of vehicles or transfer of ownership to the beneficiary.
IMMOVABLE PROPERTIES
Immovable properties include houses, apartment, condominiums, land, shop lots, etc., either solely or jointly owned.
Property with title
Where the deceased has individual title/strata title over the property, the Executor will require certified true copies of the death certificate and property title. If the property is charged to a bank, the Executor will need the charge documents. The Executor shall appoint solicitors to execute the property transfer with title to the beneficiary/beneficiaries according to the Will.
Property without title
For properties that lack an individual title or strata title, the Executor will need the deceased’s death certificate and the Deed of Assignment.
The Executor must follow the instructions outlined in the Will regarding the disposition of the properties. Before any transfer to the beneficiaries can take place, the Executor is responsible for settling all outstanding mortgages or loans using the Estate’s assets.
INCOME TAX
The Executor must first submit a clearance letter to Lembaga Hasil Dalam Negeri (LHDN) to notify them of the death of the deceased by attaching a certified true copy of the death certificate.
The LHDN will later inform the Executor of the outstanding income tax amount payable by the deceased if any. The Executor must then complete the relevant forms and pay the outstanding tax incurred by the deceased. The deceased’s income tax account will be closed upon receiving the outstanding amount.
IMPORTANT:
If any beneficiaries have yet to attain 18 years of age or the age set out in the Will, all the benefits they are entitled to shall be held in trust by the Trustee until they attain the said age.
