Applying for a Grant of Probate Malaysia is often perceived as a mere formality. You have the Will, you have the Death Certificate—surely, it’s just a matter of filing the papers?
Unfortunately, the reality is far stricter. The High Court Registry acts as the ultimate gatekeeper of the deceased’s assets. Their job is to ensure absolute legal compliance before unlocking a lifetime’s worth of wealth. Consequently, even minor technical errors can lead to your file being marked with a “Query” (KIV) or, worse, an outright Rejection.
Furthermore, many families don’t even make it to the application stage because they operate under a dangerous misconception: the belief that “small assets” don’t require a Grant of Probate at all.
In this guide, we will first address this common misunderstanding about “Small Estates” that freezes countless family assets, and then dive into the 5 most common reasons for GP rejection—and, most importantly, the specific legal solutions to fix them.
Part 1: The Dangerous Assumption – “It’s Just a Small Car, Do We Really Need a Court Order?”
Before we discuss how to apply, we must address why you must apply, even for modest estates.
The Common Belief: Many Malaysians believe that if the deceased only left behind “small assets”—such as a savings account with RM5,000, an old Proton Saga, or a low-cost apartment—they can bypass the High Court and simply ask the bank or land office to transfer the assets based on the Will.
The Legal Reality: This is factually incorrect. Asset Value does not dictate the process; the existence of a Will does.
If there is a valid Will, you generally cannot use the “Small Estate Distribution” (Amanah Raya / Land Office) route, which is reserved primarily for Intestate (no Will) cases.
- Banks: A bank officer cannot verify a Will. To protect the bank from liability, they require a Grant of Probate to unfreeze even small balances.
- JPJ (Road Transport Dept): You cannot transfer a deceased person’s car ownership without the proper court documents.
- Land Office: Even for a low-cost flat, the Land Office requires a GP to register the Executor’s name on the title.
The Verdict: Whether the estate is worth RM10,000 or RM10 million, if there is a Will, a Grant of Probate is the mandatory key. Skipping it results in assets remaining frozen indefinitely.
Part 2: Why Applications Fail – 5 Common Mistakes & The Legal Solutions
If you have realized the necessity of GP and submitted your application, but are facing silence or rejection letters, it is likely due to one of these five specific legal hurdles.
Mistake 1: The Original Will is Lost or Damaged
The High Court requires the Original Will to be submitted for verification. If you only have a photocopy, or if the original was destroyed (e.g., in a flood or fire) or lost by the deceased, a standard application will be rejected immediately.
The Lawyer’s Solution: We do not file a standard petition. Instead, we apply to prove a copy of the Will. This requires filing a specific application supported by a strong Affidavit proving that the Will was not destroyed by the deceased with the intention to revoke it (animo revocandi). We must reconstruct the chain of events to convince the Court that the photocopy represents the deceased’s true final wishes.
Mistake 2: The Executor is “Missing in Action”
A Will might appoint an Executor who, by the time of death, is unable or unwilling to act. They might have predeceased the testator, migrated overseas, lost mental capacity, or simply refuse to take on the burden. If the appointed person doesn’t sign the petition, the process stalls.
- The Lawyer’s Solution:
- If Unwilling: We draft a formal Letter of Renunciation, where the Executor voluntarily gives up their right.
- If Refusing to Act (Stalemate): We can apply for a Citation—a court order issuing a “challenge” to the Executor to either accept the role or step aside.
- If Dead: We look for the substitute Executor named in the Will. If none, we apply for Letters of Administration with Will Annexed, allowing a beneficiary to take the lead.
Mistake 3: The “Typo” Trap (Identity Mismatch)
The Will says “Tan Ah Kow,” but the Identity Card (IC) says “Tan Ah Kau.” Or perhaps the IC number in the Will is an old 7-digit number, while the death certificate shows the new 12-digit format. The Registrar will view these as two different people and reject the file.
The Lawyer’s Solution: We draft an Affidavit of Identity (or Affidavit of Corrective). In this sworn statement, we provide evidence (such as old passports, birth certificates, or statutory declarations) to prove to the Registrar that “Person A” in the Will and “Person B” in the Death Certificate are, in fact, the same individual.
Mistake 4: Witness Eligibility & Signature Issues
A valid Will requires two independent witnesses who are not beneficiaries (or spouses of beneficiaries) to sign in the presence of the testator. Rejections often happen if the “Attestation Clause” (the signing section) is poorly drafted, or if the witnesses didn’t sign at the same time.
- The Lawyer’s Solution: We track down one of the original witnesses and have them swear an Affidavit of Due Execution. This document confirms to the Court that they were physically present, saw the deceased sign, and that all legal protocols were followed, curing the defect in the paperwork.
Mistake 5: Incomplete Asset Inventory
The Affidavit in Support must list the assets and liabilities of the deceased. If you discover a hidden bank account after the GP is issued, or if you vaguely list “all bank accounts” without specific account numbers, the GP may be useless for that specific asset.
- The Lawyer’s Solution: Accuracy is key from the start. However, if a mistake happens, we must file for a Corrective Order or a Supplemental Affidavit to amend the list of assets attached to the Grant. This costs extra time and money, which is why professional asset listing at the start is crucial.
Get Your Grant of Probate Malaysia Back on Track: Expert Fixes for Stalled Applications
A “Rejected” or “Query” status on your Grant of Probate Malaysia file isn’t the end of the road—it’s a signal that a specific legal knot needs to be untied. However, trying to untie these knots without legal training often leads to tighter knots and months of wasted time.
Whether you are dealing with a lost Will, a reluctant Executor, or a simple typo that has frozen your family’s inheritance, professional intervention is the fastest route to a solution.
Ann & Ain specializes in solving complex Probate problems. We don’t just file forms; we provide the legal arguments and affidavits needed to overcome Court objections.
Stop the delays and unlock the estate. If your application is stuck, or if you want to get it right the first time, contact us today. Let us turn your rejection into a successful Grant of Probate Malaysia.
