Our team has experience in advising clients entangled in estate matters. Over the years, we have represented and advised clients in many complex and high profile probate matters.
- Advising executors and administrators in relation to their legal duties
- Actions against executors or administrators for breach of duty
- Defending executors or administrators against allegations of breach of duty
- Applications for injunction to prevent dissipation of estate assets and properties
- Asset tracing and asset recovery
- Representing and advising clients on the removal of executor or administrator of the estate for breach of duty
- Representing and defending clients against allegations of breach of duty as executor or administrator of estates
- Representing and advising clients on applications to the High Court for injunctions to prevent dissipation of estate assets
- Representing and advising clients on assets tracing and recover
- Representing and advising clients which includes sports authorities on the application of constructive trust, resulting trust and proprietary estoppel to combat bribery in sports
Some of our notable past experiences are as follows:
Opposing an application to vary the terms of a will
We represented an executor against the beneficiaries’ application to vary the terms of the deceased’s will. In that case, the beneficiaries applied to the High Court for an order that the trust for sale and conversion stipulated in the deceased’s will be terminated and that the real and personal properties in the residuary estate of the deceased be transferred to the beneficiaries. (Liong Seow Keng & Ors v Ho Soon Cheng  9 MLJ 681)
Opposing an application for an order for sale
We represented a beneficiary of an estate to oppose the administrators’ application for an order for sale of the estate’s properties. Our client was of the view that the application was mala fide as the administrators failed to provide estate accounts despite repeated requests and the administrators also did not explain the manner of distribution of the properties. The High Court found in our client’s favour and dismissed the administrators’ application.
Tracing and recovery of assets
We are representing a client who managed to challenge and set aside his late father’s alleged will on the basis that the deceased lacked the necessary testamentary capacity when the will was executed. Subsequent to the setting aside of the will, the client now intends to trace and recover assets that were disposed off by the previous executor who acted under the alleged will.
Reviews & Testimonials
– “I would like to thank Prisilla Chong for her steadfast effort in handling my estate case. She is indeed a kind, professional lawyer, and was always there to provide support and advice when I was most needed it. Also, please extend my appreciation to Darren Tan who also relentlessly provided me with the same support and encouragement. I truly appreciate your assistance throughout this period and I would not hesitate to recommend you/your firm.” – Vivien OngRead more
Related Articles and Updates
The Malaysian Adoption Act 1952 does not address the citizenship of adopted children. As a result, the nationality of adopted children in Malaysia has been determined arbitrarily by the National Registration Department (NRD) in the exercise of its administrative function of registering orders granted by the Malaysian courts. By refusing citizenship to many adopted children, the NRD has forced aggrieved parents to subsequently apply to the Minister of Home Affairs for citizenship for their adopted children, which decision is discretionary and beyond judicial review.