Estate planning solutions overview

Our Services

Three engagements, one steady practice

Each service at Pesaka Law is drawn from the same core discipline — helping Malaysian families arrange their affairs with care and legal precision.

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Methodology

How we approach each matter

All three of our service areas follow the same underlying principle: we begin by listening carefully before we write a single line of a document. The consultation stage is not a formality — it is the foundation on which every subsequent decision rests. An executor who is properly chosen, a Trust structure that genuinely fits the family's assets, a probate application that has been fully prepared before lodgement — these outcomes all come from having taken enough time at the beginning.

We do not adopt a transactional approach. Each engagement is a considered piece of work, completed with full awareness that the documents we produce may carry legal weight for decades.

Will drafting consultation

Service 01

Simple Will Drafting & Registration

A considered consultation and drafting service for individuals and couples seeking a straightforward Will under the Wills Act 1959. We discuss your beneficiaries, the role and backup of executors, guardianship nominations for minor children, and specific legacies — both sentimental and monetary items.

The engagement includes a thorough draft, a review meeting where every clause is explained, execution with witnesses in accordance with statutory formalities, and registration with Amanah Raya or a private Will registry at your election. We also provide a written summary of where the original Will is stored and what steps an executor will need to take.

Key benefits

  • Statutory compliance with the Wills Act 1959 and correct witnessing formalities
  • Executor and backup executor clearly named with contact details
  • Guardian nominations for minor children included at no extra charge
  • Original filed with Amanah Raya or private registry; client receives a certified copy
  • Plain-language executor summary document provided alongside the Will copy

Process

01
Initial consultation to discuss family structure, assets, and wishes
02
Draft Will prepared and sent to client for review
03
Review meeting: clause-by-clause explanation and any amendments
04
Execution in our office with two witnesses and proper attestation
05
Registry lodgement and delivery of executor summary document

Service 02

Living Trust & Lifetime Gifting Structure

Careful design of inter vivos trusts for asset protection during lifetime, incapacity planning, or intergenerational wealth transfer — including Discretionary Trusts, Fixed Trusts, and Standby Trusts.

The engagement opens with a planning conversation about family circumstances, the assets intended to be settled (real property, shares, funds), tax considerations under the Real Property Gains Tax Act 1976 and the Stamp Act 1949, and the choice of trustee — professional corporate trustee or private individual. We draft the Trust deed, advise on settlement mechanics, and coordinate with your accountants on any reporting and valuation steps. Post-establishment, we include a half-yearly check-in to review whether the structure still fits family circumstances.

Key benefits

  • Assets pass to beneficiaries without the delay and cost of probate
  • Provides for asset management during incapacity, without a court order
  • Trust deeds do not become public documents, maintaining family privacy
  • RPGT and Stamp Act implications reviewed before any settlement is made
  • Half-yearly review included to keep the structure aligned with family changes

Process

01
Planning consultation: family circumstances, intended assets, trustee options
02
Tax and stamp duty review in coordination with client's accountants
03
Trust deed drafted and explained in full before execution
04
Settlement of assets and any required valuation or reporting steps
05
Half-yearly review meeting to assess ongoing suitability
Living Trust estate planning
Probate and estate administration

Service 03

Probate, Letters of Administration & Estate Administration

Complete support for executors and family members administering a deceased person's estate, whether testate (under a Will) or intestate (under the Distribution Act 1958).

The engagement covers application for Grant of Probate or Letters of Administration at the High Court or Land Office as applicable, collation and valuation of assets, notification of creditors, discharge of liabilities, interim and final distributions, and preparation of estate accounts. For smaller estates within the summary administration threshold, we advise on the simplified Amanah Raya route. Our communications throughout are patient and clear, recognising that administration often runs alongside grief.

Key benefits

  • Full court filing preparation — executors do not need to manage documentation alone
  • Covers both testate and intestate estates with appropriate procedural routes
  • Creditor notifications handled systematically to protect executor personally
  • Estate accounts prepared to provide clear record for all beneficiaries
  • Summary administration route assessed for qualifying smaller estates
  • Process

    01
    Initial assessment: Will or intestacy, asset types, appropriate court or Land Office route
    02
    Asset collation and valuation; creditor notification period
    03
    Court application for Grant of Probate or Letters of Administration
    04
    Discharge of liabilities; interim distributions where appropriate
    05
    Final distribution, estate accounts, and formal closure of engagement

    Choose Your Service

    Which engagement is right for you?

    Consideration Will Drafting
    RM 520
    Living Trust
    RM 2,700
    Probate & Admin
    RM 3,700
    Best suited for Individuals and couples planning ahead Families with significant assets or incapacity concerns Executors or families of a deceased person
    Timing During lifetime During lifetime After bereavement
    Probate required on death? Yes — Will simplifies the process No — Trust assets pass directly Probate IS this service
    Incapacity planning
    Tax advice included On request RPGT & Stamp Act On request
    Ongoing review included Optional, every 3–5 years Half-yearly N/A

    Not sure which applies to your situation? Many clients hold both a Will and a Trust — they serve different purposes and are not mutually exclusive. We are happy to explain the considerations before any engagement is agreed. Send us an enquiry and we will respond within one working day.

    Standards

    Consistent across all three services

    Confidentiality

    All client information held under professional secrecy obligations. No details shared without written consent.

    Document Review

    Every draft reviewed against our quality protocol before it reaches a client. No documents executed without a full explanation meeting.

    One-Day Response

    All client queries responded to within one working day as a standing commitment, not a target.

    Current Practitioners

    All solicitors hold current Malaysian Bar practising certificates and complete annual CPD requirements.

    An enquiry is always welcome

    Whether you are planning ahead or administering an estate now — we are glad to help you understand your options before any engagement is agreed.

    Get in Touch