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

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MR_alien
post Feb 29 2012, 05:17 PM

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my case is like this
dad leave a will and need lawyers to transfer to name to new owner(its an apartment)
my question is...lawyers charge based on the hours they used to do the things or they charged based on the value of the house?
the lawyer that we appointed say they charged us based on the value of the apartment...and it doesn't make sense to me since procedure is same
if someone's hse is 2-3 million ringgit thn who knows how much would they charge
they charge us RM6k + 6% service tax + advertising fee = RM6000++
and whats funny is...thats only the phase 1 charges(high court thingy + advertising fee + service tax)
there is another phase he said is the transfer ownership thingy that would cost another few thousand
want to ask those that know well....is these all reasonable?..or hes overcharging us?

location...sabah

This post has been edited by MR_alien: Feb 29 2012, 05:18 PM
MR_alien
post Mar 1 2012, 12:21 AM

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QUOTE(dariofoo @ Feb 29 2012, 11:05 PM)
If for litigation, i.e. court proceedings, then it is subjective. Different law firms will charge you differently. So it is not based on the value of the property or the work hours required for the whole process.

If for conveyancing, i.e. transfer of property, then in Semenanjung, there is the SRO 2005 which regulates a fixed scaled based on the price of the property. If it is a transfer pursuant to a will, then it would be based on the market price. This is set by the Bar Council.

Am not sure as to the scaled fees in Sabah. Perhaps you can call the Sabah Law Association, whcih governs advocates and solicitors in Sabah.

With regard to your comment on how it doesn't make sense to you if they charge on the value of the house when the procedure is the same, let me explain to you the basis for it - the higher the price, the higher the risk it is for the lawyer doing the work. If things go wrong, then the lawyer would be sued for that higher amount. What if you act in person. You bear that same higher risk. When you appoint a lawyer, you pass the risk to the lawyer. As such, the higher the risk, the higher the remuneration must be.

That is the logic for it.  icon_rolleyes.gif
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ic
but that 6k is phase one...for high court stuff only
its not a total package...he say this is the fee just for phase one
phase 2..transfer is another fee
i wrote down everything in another thread...the last post
http://forum.lowyat.net/index.php?showtopic=2246732&hl=

so i think overall...might be 10k just to transfer ownership only...and its just a small apartment
MR_alien
post Mar 1 2012, 03:24 PM

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QUOTE(dariofoo @ Mar 1 2012, 10:48 AM)
Just get another quotation from another law firm. It's a free world and I'm sure there's many other lawyers in your town/city. Am sure you can get one who can do the work for much less (since your priority is low legal fees). You can keep on going until you find a lawyer who can match your budget.

Good luck.  icon_rolleyes.gif
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can't do..its done
that fee that i just typed out...is what hes charging us
my only question he...is he charging us right?...doing the right procedure or not
just want to know...lawyers will charge u 1 go or like my case...got different phase...different phase, different fees
MR_alien
post Dec 12 2012, 08:13 PM

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anyone here can tell me what is "grant of probate"?
my dad has passed away for nearly 2 years already
and 1 lawyer is responsible for transferring all the property to each of us
and thn last week, came a letter from LHDN for my dad's tax refund
and since my dad have passed away, i asked LHDN what is needed for me to claim it(as wife or son)
LHDN replied need death certificate and a thing call "grant of probate" or "surat wakil kuasa"...
my mom proceed to ask the lawyer for it, and the lawyer somehow say that was "left out/tertinggal" back thn and if we wanted to obtain that grant of probate, thn the whole process have to start over
i was like, how can it be "left out"
anyone here can advice?

This post has been edited by MR_alien: Dec 12 2012, 08:14 PM
MR_alien
post Dec 13 2012, 04:52 PM

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QUOTE(dariofoo @ Dec 13 2012, 04:45 PM)
Grant of Probate is a document which empowers the executor to deal with the estate of a person who died leaving a will.

Dealing with the estate would mean dealing with the properties, monies, belongings and also to cover debts, liabilities as provided for in the will.

I do not understand how in your case, the lawyer purportedly transferred all the properties without the Grant of Probate being first obtained from the Court? That should've been the first thing done.
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yeah...same as what i think as well, no grant of probate, how to transfer but still me and my family dn't know much abt laws as well
so maybe he kinda lied and say he left out that and if we wanted that, we will have to start from the beginning
but nvm, just now after some calls to LHDN, the ppl there recommend "letters of administration" since no need lawyer
she said proceed to high court to ask the procedure 1st
can u tell me what document needed and whats the procedure to get this "letter of administration"?
MR_alien
post Dec 13 2012, 05:15 PM

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QUOTE(dariofoo @ Dec 13 2012, 05:00 PM)
Boss, was there a will or not?

If got will - Grant of Probate. No will - letters of admin (LA).

Both require going to Court to obtain an order. Both require a lawyer to be appointed to prepare it.

LA is more complicated than probate as all the beneficiaries need to repudiate their claim to be the administrator (same function as an executor explained earlier). The administrator will administer the estate accordingly once the order has been given.

Go back to the lawyer again and ask what was done. Did you pay fees? What did you pay for?
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there was a will but the lawyer(not sure true or not) said the will was somewhat "incomplete"
so we are not particularly sure
just now when talking to the LHDN staff, after she asked, she called back and say if grand of probate surely need lawyer and some fee
whereas LA can do it in high court, she asked me to go to high court and ask the procedure...didn't mention also need a lawyer
if we need lawyer thn i think am gonna just let it go, just RM1k+ only...dn't feel like paying the lawyer anything anymore since paid like 10k to him already

i checked back the thing he charged us
there was "filing fee for petition for grant of letter of administration with will annexed - RM88"
thn below a few there is
"filing fee for grant of LA - RM212"
does this mean there is LA?..and i can get it from the lawyer?(a copy)
MR_alien
post Dec 14 2012, 04:07 PM

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QUOTE(dariofoo @ Dec 14 2012, 11:01 AM)
Are you in Semenanjung or Sabah/Sarawak? Because there is no such concept of "grant of letter of administration with will annexed" in S'jung.

If got will - GoP. If no will - LA.

How can LA with will annexed?  rclxub.gif

Anyway, my suggestion is to get this copy of the LA from the lawyer since 10k has been paid to obtain it. If nothing is done - complain!
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i'm in sabah BTW
not sure here got or not though
but the bill which stated what he charged us for have these details
there is a will of course but he say is somewhat incomplete, missing something tongue.gif
am gonna ask him for it though...morning got ask but hes not in...will ask him later

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