Affidavit Of Executor Template for Malaysia

When you're appointed as an executor in Malaysia, filing an Affidavit of Executor is a mandatory step in obtaining a Grant of Probate from the Malaysian courts. This sworn document serves as your formal declaration to the court, outlining your appointment as executor and your plans for administering the deceased's estate in accordance with Malaysian law.

When do you need this document?

You must file an Affidavit of Executor whenever you seek a Grant of Probate from a Malaysian court. This typically occurs when you've been named as executor in a will and need legal authority to collect assets, pay debts, and distribute the estate. The document is essential for gaining access to the deceased's bank accounts, selling property, transferring ownership of assets, and completing the estate administration process. Without this affidavit and the subsequent Grant of Probate, financial institutions and government agencies will not recognise your authority to act on behalf of the estate.

Key legal considerations

Your affidavit must include comprehensive details about the deceased, including their full name, NRIC number, last known address, date and place of death, and occupation. You'll need to declare your relationship to the deceased and specify how you were appointed as executor, whether through a will or by operation of law. The document must contain detailed information about the will, including when and where it was executed, witness details, and whether you're aware of any subsequent wills or codicils. You must also provide a complete inventory of the estate's assets and liabilities, including property, bank accounts, investments, debts, and funeral expenses. Any potential disputes, claims against the estate, or challenges to the will must be disclosed. The affidavit requires you to confirm your capacity to act as executor and declare that you will faithfully administer the estate according to law.

Legal requirements in Malaysia

Under the Probate and Administration Act 1959 and Rules of Court 2012, your Affidavit of Executor must be properly sworn before a Commissioner for Oaths, who will verify your identity and witness your oath. The document must follow the prescribed format specified in the Rules of Court, including proper heading, venue details, and formal language. Malaysian law requires executors to be over 21 years of age and of sound mind, with Malaysian citizens or permanent residents generally preferred. If you're a foreign executor, additional requirements may apply. The affidavit must be filed within twelve months of the deceased's death, though extensions may be granted in exceptional circumstances. All supporting documents, including the original will, death certificate, and asset valuations, must accompany your affidavit. The court may require additional affidavits from witnesses to the will or beneficiaries, depending on the circumstances of your case.