Guide for Legacy Planners When a Client Passes Away
When a client passes away, your role is to provide clear guidance and support the family through the legal transition.
1. Advise on the Grant of Probate (GP)
The first priority is to guide the Executor in obtaining legal authority to manage the estate.
A Grant of Probate (GP) is a court order that validates the deceased’s Will/Wasiat and authorizes the named Executor to administer and distribute the estate. Without the GP, financial institutions and asset holders will not release or transfer assets.
The Executor must:
Obtain the Grant of Probate.
Settle all outstanding debts, taxes, and liabilities using estate funds.
Distribute remaining assets only after liabilities are fully settled.
Act in the best interest of the estate and all beneficiaries.
2. Trustee Services (If Applicable)
If the client previously engaged trustee services:
Assist the family in locating the e-Custody Card or any trustee documentation.
Advise the Executor or next of kin to contact the appointed trustee company directly for further instructions.
Clarify that the trustee will guide them on the next steps according to the trust structure and terms.
3. Panel Lawyer Quotation Process
If the family decides to proceed with Koha Digital’s panel lawyers, we first select a suitable law firm based on the client’s needs.
A quotation will then be requested from the chosen firm through the Koha Legacy Panel portal, and the quotation will be sent via email.
The quotation should then be presented to the Executor and we assist in facilitating the engagement process. Once the client has formally engaged the panel lawyer and the legal services have been completed, then the Koha Support Team must be informed accordingly
FAQ
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Executor: Does the executor need to make payment to the lawyer upfront to carry out the estate administration after death, or will the legal fees be paid using the deceased’s assets or funds?
Answer: The payment has to be made from any fund to appoint lawyer to apply for grant of probate and thereafter the legal fees n other costs for probating the Will can be claimed by executor from the deceased's estate. It does not mean that executor has to pay just has to find fund either from deceased's insurance payout, executor, beneficiaries or any funding to pay then later claim back.
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Property with MRTA/MLTA: For properties covered by MRTA or MLTA, once the property is transferred to the beneficiary, will the beneficiary still need to continue paying the outstanding loan, or will the MRTA/MLTA fully settle the debt?
Answer: For property covered by insurance, upon death the executor/beneficiary shall contact the bank or insurance agent to check whether the insurance can fully cover the housing loan n liaise with bank about the repayment. If can't fully cover then the estate has to repays the loan. Means there's housing loan liability for the estate.