Hi,

Would like some advise for my problem below; Thanks 1st!!

1. My mom, left a will(written by a lawyer) to give half my parents's house to my bro n sis. Can i skip the lawyer and straight to the land office to execute the will to transfer half the title to them? Or issit to the court 1st to execute the will and then to the land office to transfer title? Or is it something else?
2. My dad, wants to transfer his other half too to both my bro n sis. Can it be done at the same time?
3. Is the land office the way to go?? Or is there something else?
4. What will the costs incurs? Any idea?

Thanks!

need to go to court to obtain the grant of probate first.
upon getting the grant of probate, then only the executor may distribute the estate.

edited: not necessary need a solicitor to obtain it for u unless the will is disputed.

This post has been edited by toby.c13: Feb 17 2010, 04:37 PM

it is necessary to have a lawyer because only lawyer can help you with the grant of probate

and, best to seek professional help for this....it is complicated

thanks thanks!

grant of probate very hard to get? Coz i did ask the lawyer n the lawyer fees is quite high...i didnt wanna waste the money if i didnt really need it. Coz i did read it somewhere that i can go n get it myself instead, hopefully i can.

toby.c13, which court do i go to? there is 1 nearby my house....wonder if i can just barge in there to inquire...

if u wan to save in cost, you can try approaching amanah raya and see if they can help you out

yeaa u can file for the grant of probate urself, according to order 71 rule 3 of the rules of high court.
u need to file ur petition via form 168 plus the necessary docs to the high court.
but im not sure whether you can just file to any high court or not.

amanah raya can help ke?

I do agree with leongal to approach a solicitor to seek assistance.
cos it is quite a hassle to do it urself.

or u can alternatively approach a solicitor and ask for their professional advice.
cos what i wrote above was what i learnt last year la..
the law could have change and i might be outdated.
hehe

I'll see if I can help you to do it on your own :-

1) where is the house situated ?

2) do you know of any friends who work in the courts ?

Thanks 1st ..
the house is in cheras.
Hmm no frens who works in court.....might have someone, but unsure still, need to start calling if needed.
But the high court at jln duta is very nearby my current house....can easily drop by, if i can go to this court for this case.

You can only get 'free' service from Amanah under Small Estate Distribution Act provided if the gross value of the estate does not exceed RM 600,000 and consist wholly or partly of immovable property

Other than that, it is best to consult lawyer or professional will writing company like Amanah/OSK/Rockwill if you want to get the grant of probate.

hihi thanks....apparently, i can "ignore" the will and go straight to the land office to make the transfer directly. If this way succeed....will inform u guys