Trust & Succession / Private Wealth Management / Wills, Trust and Probate
Private wealth management is a method to securing the interests of your beneficiaries. We provide tailored wealth planning solutions which allow our clients to have the flexibility to cater for the ever-changing financial circumstances and unexpected turns of events. In addition, our team is experienced in handling situations arising from trust or succession disputes.
Our services and support include, but is not limited to the following areas:
- Personalised will writing service
- Setting up private trust, drafting deeds of family arrangement and Power of Attorney
- Applications for Grant of Probate or Grant of Letters of Administration; Actions against executors or administrators for breach of duty
- Defending executors or administrators against allegations of breach of duty
- Transfer of estate assets and properties
- Safekeeping of wills
- Applications for injunction to prevent dissipation of estate assets and properties; and Asset tracing and asset recovery
- Advising clients on will writing, setting up of private trust, deed of family arrangements and Power of Attorney;
- Advising clients on the writing of Wasiat and setting up of Muslim trust;Representing and advising clients on applications to the High Court for the Grant of Probate or Grant of Letters of Administration;
- Representing and advising clients on the administration of estate and matters in relation to inheritance of properties;
- 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;.and
- 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.