Yeo Law Chambers

Legal Articles

Can a foreigner inherits property in Malaysia

Question:

.

“Hi Lawyer Yeo, I am a permanent resident (PR) of Singapore. I would like to transfer my house located in Malaysia to my father so that I will be eligible to purchase an HDB flat in Singapore.

.

After the transfer of the house to my father, I also intend to have him execute a will that designates me as the sole beneficiary of the property. So that in the event of any unfortunate event occurring to him, I will be able to inherit the house according to the terms of the will itself.

.

I have a couple of questions regarding the inheritance of the house through my father’s will. If I were to convert to become a citizen of Singapore in the future, would I still be able to inherit the house as designated in the will? Additionally, if I were to inherit the property after my father’s passing, would there be any inheritance tax or other fees imposed by the Malaysian government that I will need to pay? Would be much obliged if you could clarify these matters for me. Thank you.”

.

Answer:

.

1.     Under the laws of Malaysia, changing citizenship does not affect an individual’s right of inheritance. This means that even after acquiring Singapore PR or converting to become a Singaporean citizen, an individual is still entitled to inherit any property left by their parents in Malaysia.

.

2.     Therefore, in the above scenario, the individual who has converted his citizenship to Singapore is still entitled to inherit his house according to his father’s will. However, before the property can be transferred to his name, it is necessary to apply for a Grant of Probate from the High Court of Malaysia through a lawyer to legally recognize the validity of the will. We have provided an explanation of the relevant laws and procedures in our legal article, which can be accessed by clicking this button.

.

3.     Once the Grant of Probate has been obtained, the executor can then engage a conveyancing lawyer to prepare the transfer document for the beneficiaries. However, it should be noted that while foreign citizens have the right to inherit properties in Malaysia, according to the Malaysian National Land Code, they must obtain the consent of the state governments before inheriting real estate. The requirements to obtain “the consent” “Kebenaran” (in Malay) can vary depending on which state governments are dealing with.

.

4.     Therefore, even though there is no inheritance tax in Malaysia, the executor must pay a fee to the state government so to obtain consent before transferring the property. The estimated cost for applying consent is about a few thousand ringgits.

.

5.     While the Johor State Government’s current policy makes it relatively easy to obtain consent from relevant units, usually we advise clients to add a clause in the will granting the executor the power to sell the property and distribute the proceeds to the designated beneficiary in case the state’s policies change in the future. This provides an alternative option should there be any difficulty in obtaining state consent.

.

6.     Therefore, after a Malaysian citizen converts his/her citizenship, and wishes to inherit property through the will of his/her parent, generally there would be three types of fees payable: (1) the fee for applying for the Grant of Probate, (2) the fee for obtaining state consent, and (3) the fee for transferring the property.

.

This is the information regarding foreigners inheriting properties in Malaysia that we would want to share with you today. Should you have further inquiries for this matter, please do contact us: https://wa.link/q3kmv5

.

****If you want to know about the laws and procedures of applying to reseal a foreign grant of probate, you can read our article by clicking this button.

.

****If you want to know whether according to the laws of Malaysia, a debt of a deceased will pass on to his/her beneficiaries? You can read our article by clicking this button.

.

Like & Follow our Facebook Page to get more legal information.

.

You can learn other legal information from our website:https://www.yeolaw.my/

.

#yeolawchambers #ylc #jblawyer #bandardatoonn #inheritlaw #grantofprobate #estateadministration #will #foreignerinheritation #杨律师事务所 #华人律师 #法律 #外国人继承 #马来西亚产业 #遗嘱

马来西亚立遗嘱10个常问的问题

遗嘱是一个涉及复杂法律和个人意愿的重要文件。而在准备遗嘱的过程中,我们经常会遇到客户提出的各种问题。因此今天,我们将探讨一些客户最常问及的问题,并为您提供清晰的答案和建议。无论您是第一次准备遗嘱,还是希望更新现有文件,本文将帮助您更好地理解遗嘱的重要性和制定过程中可能遇到的关键问题。

马来西亚土地局-小额遗产继承

. 在上两篇文章,我们分享了亲人去世后如何把遗产转名给受益人的相关法律以及手续。 . 而今天我们要分享的是两个常问问题: . 1) 在什么情况下,可以直接向土地局申请遗产继承? 2)    如果遗嘱里面的执行人提前去世或者拒绝成为执行人,整个遗嘱会无效吗?该怎么向法庭申请承认遗嘱? . 问题1: 什么情况下,可以直接向土地局申请遗产继承? 根据马来西亚小额遗产分配法(Small Estates...

马来西亚遗产管理书 Letter of Administration

. 上一个文章我们分享了在立遗嘱的情况下,如何申请遗嘱认证书的相关法律。 . 那么在一个人去世没立遗嘱的情况该怎么办呢?他的后人要如何申请继承产业?申请过户遗产到其名下呢? . 所涉及的程序和费用是会不会更复杂更高呢? . 今天我们要分享的是在没有立遗嘱的情况下,申请遗产管理书 (Letter of Administration) 的法律以及相关指南:- . 1. ...

马来西亚遗嘱认证/ Grant of Probate

. 一个人过世后,除了办理后事,其后人也需要绞尽脑汁处理留下的债务以及财产。 . 那么,要如何申请成为往生者的遗产执行人?以及过户其遗产到受益人名下呢? . 在马来西亚,相关法律程序是看往生者有没有立下遗嘱而定的。 . 而在今天的法律文章里,我们会简单地分享在有立遗嘱的情况下,如何申请遗嘱认证书 (Grant of Probate) 的相关法律以及指南。 . 1. ...