Practice Area

Harta Pusaka, Wasiat & Hibah

Legal support for estate administration, will drafting and hibah arrangements, with a focus on clarity, proper documentation and orderly asset distribution.

Estate Planning & Administration

Harta Pusaka, Wasiat & Hibah

Our firm provides comprehensive legal services in the area of estate planning and estate administration, ensuring the orderly management and distribution of assets in accordance with the law and our clients’ intentions.

In matters of estate administration (harta pusaka), we assist executors and administrators in obtaining the necessary court grants, including applications under the Probate and Administration Act 1959 and distribution matters governed by the Distribution Act 1958. Our services include advising on the identification and valuation of estate assets, settlement of liabilities, liaising with financial institutions and land offices, and ensuring proper distribution to beneficiaries.

For Wills, we provide professional drafting services tailored to our clients’ individual circumstances. We ensure that each Will is legally valid, clearly structured, and reflective of the testator’s intentions, while minimizing potential disputes among beneficiaries. We also offer advisory services on estate planning strategies to safeguard family wealth and facilitate smooth succession.

In respect of Hibah (inter vivos gift arrangements under Islamic principles), we advise clients on the structuring and documentation of hibah to ensure compliance with applicable Syariah requirements and legal formalities. Our firm assists in preparing hibah declarations, trust arrangements, and related documentation to ensure the effective transfer of assets.

Our approach emphasizes clarity, compliance, efficiency, and sensitivity, recognizing that estate matters often involve complex legal, financial, and family considerations. We are committed to providing practical solutions that protect our clients’ interests and ensure the seamless transfer of wealth across generations.

Our Scope of Work

End-to-end legal solutions for estate matters.

At our firm, we provide end-to-end legal solutions in estate planning and estate administration. We ensure that your assets are protected, properly managed, and distributed according to your wishes and in full compliance with Malaysian law.

01 Estate Administration

Estate Administration (Harta Pusaka)

We act for executors, administrators, and beneficiaries in managing and distributing a deceased’s estate.

Our Job Scope Includes

Advising on the appropriate legal process (Grant of Probate or Letters of Administration)

Preparing and filing court applications under the Probate and Administration Act 1959

Advising on distribution in accordance with the Distribution Act 1958 (for non-Muslims) or applicable Syariah principles

Identifying, verifying, and valuing estate assets

Liaising with banks, financial institutions, EPF, insurance companies, and government authorities

Assisting in transmission of property at Land Offices

Advising on settlement of debts, liabilities, and taxes

Preparing estate accounts and distribution statements

Facilitating distribution of assets to beneficiaries

Managing disputes among beneficiaries (where necessary)

We focus on minimizing delays, reducing family conflict, and ensuring a smooth administration process.

02 Will Drafting

Will Drafting & Estate Planning

A properly structured Will provides certainty and prevents future disputes.

Our Services Include

Advising on estate planning strategies

Drafting customized Wills tailored to client needs

Structuring appointment of executors and trustees

Advising on guardianship for minor children

Planning asset distribution structures

Advising on trust arrangements where necessary

Reviewing and updating existing Wills

Safe custody arrangements for executed Wills

Our goal is to ensure your intentions are clearly documented and legally enforceable.

03 Hibah

Hibah (Islamic Estate Planning)

For Muslim clients, we provide structured hibah solutions in compliance with Syariah principles.

Our Scope of Work Includes

Advising on suitability of hibah as part of estate planning

Structuring hibah (conditional / absolute / trust-based hibah)

Drafting hibah declarations and supporting agreements

Advising on compliance with Syariah and civil law requirements

Coordinating documentation for property, shares, or financial assets

Advising on risk management and future dispute prevention

We ensure hibah arrangements are properly documented to reduce uncertainty and legal challenges.

Speak With Our Team

Need advice on estate planning or administration?

Contact Azmi Hussain & Co. to discuss harta pusaka, Will drafting, estate administration or hibah arrangements.

Contact Our Legal Team →