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 Lawyer's Corner v2, One-stop centre for any legal queries

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Gizaman
post Aug 26 2012, 09:12 AM

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Hi Dario,

I have 2 questions and appreciate if you could enlighten me.

1) I understand that EPF and insurance policies are excluded from will. What happens if husband names wife as beneficiaries in both EPF and insurance policies but both die together? Since the beneficiary named in the EPF and insurance policies is dead, how is the money distributed then? If there is a will, does it then follow the will?

2) Imagine the scenario where husband names wife and 3 kids as beneficiaries and the surviving member(s) get all the shares BUT what happens if ALL die together? Assume no other persons are named as beneficiaries. What happens to the assets of the deceased(husband)? Does it then get distributed according to Malaysian law? Or the government takes it?

Thanks
Gizaman
post Aug 26 2012, 11:41 PM

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QUOTE(dariofoo @ Aug 26 2012, 09:51 PM)
1. It does not follow the will. EPF and Insurance Policies work on the basis of payment made to nominees. However, if the deceased left a will, then the Executor of the will who would apply for a Grant of Probate obtained from Court and the monies will be paid out to the Executor who will then distribute it accordingly to the surviving next of kin.

If there is no will, then an Administrator would be appointed by the beneficiaries. This Admin will apply for Letters of Administration from the Court. Similarly, this LA would be produced to EPF and the insurance companies, and payment would be made accordingly. It is not a big issue.

2. Then it is similar to a scenario where the deceased dies intestate (without leaving a will). So, the procedure would be same as above, which I would repeat here:

If there is no will, then an Administrator would be appointed by the beneficiaries. This Admin will apply for Letters of Administration from the Court. Similarly, this LA would be produced to EPF and the insurance companies, and payment would be made accordingly.

The Govt would not take it, but unclaimed monies would be deposited with the Accountant-General's Department who would keep it as a stakeholder unless a person claiming to be a beneficiary steps forward and applies to claim the sum.

I remember a chain e-mail a few years back regarding those who do not appoint nominees for their EPF or those whose nominees die and no new nominee is appointed. The e-mail states that the monies will immediately go to Amanah Raya Berhad and it would be very difficult to get the monies out. This is false information and should be disregarded. Amanah Raya Berhad has no right to claim monies from EPF in any circumtances where the EPF account holder does not have a nominee.
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Hi Dario,

Just to confirm what you have said. Assume Person A has a house and in his will, the beneficiaries are the wife and 3 kids. However, what if all of them died in a car crash at the same time? Does this mean that since all the beneficiaries mentioned in the will are dead, it is as if Person A has died intestate(eventhough he has a will), and the house would be distributed to the parents, brothers etc after a Admisnistrator has been appointed?

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