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Frequently Asked Questions (FAQ)

We understand that legal matters can often feel complex or overwhelming—especially when it comes to property transactions, estate planning, or family arrangements.

This page is designed to help answer some of the most common questions our clients have about the services we offer.​ All answers provided here are general in nature and based on current legal practices in Malaysia. For case-specific advice, we encourage you to consult directly with our legal team.

If your question isn’t listed here, please feel free to contact us directly—we’re always happy to assist.

Why are you required to sign legal documents with black ink pen?

Under the Tenth Schedule of the National Land Code 1965 or commonly known as "NLC", any manuscript writing (including signature) on a form specified under the First Schedule of the NLC shall be in permanent black or blue-black ink.

2

How long does it take to complete a property transaction?

The conveyancing process generally takes between 3 to 4 months from the date of the signed agreement, depending on:

  • Whether the property has a title or is under a master title

  • Consent requirements (e.g., from developer, state authority)

  • Timely response from financial institutions

  • Promptness in document signing by all parties

We strive to keep our clients informed of the progress at every major milestone.

3

What are the legal fees and disbursements for conveyancing matters?

Legal fees for property transactions are governed by the Solicitors’ Remuneration Order 2023, which sets fixed scales based on the property value. Disbursements (e.g., land office fees, stamp duty, search fees, etc.) are billed separately.

Upon engagement, we will provide a full quotation inclusive of legal fees and estimated disbursements for transparency.

4

Can I use my own lawyer instead of the developer’s panel lawyer when buying a new property?

Yes, as a purchaser, you have the right to appoint your own lawyer to represent your interests, even if the developer recommends a panel firm. However, please note:

  • Some developers may still require you to sign with their panel lawyer for the loan documentation or SPA, especially if it's a bulk purchase arrangement.

  • You can still engage your own lawyer to review and advise you on the terms of the SPA and ensure your rights are protected.

Always check with both the developer and your bank before deciding.

5

Can I cancel a signed Sale and Purchase Agreement?

Once an SPA is signed and stamped, it is legally binding. Cancellation is only possible in certain circumstances:

  • Mutual agreement between buyer and seller (often with forfeiture of deposit)

  • Termination due to breach of contract

  • Failure to obtain necessary approvals (e.g., loan rejection with conditions stated)

We always advise clients to review the SPA thoroughly before signing and understand the termination clauses involved.

6

What happens if a property owner passes away without a Will?

If a property owner dies intestate (without a Will), the estate will be distributed according to the Distribution Act 1958 (as amended). The process may involve:

  • Applying for Letters of Administration

  • Involving all next-of-kin

  • Possible complications or disputes among heirs

Having a Will in place makes the process significantly faster, clearer, and less costly.

7

What is required to prepare a Will?

To prepare a Will, we will need:

  • Full personal details of the testator (you)

  • A list of assets (properties, bank accounts, investments)

  • Names and details of beneficiaries

  • Appointment of an executor and guardian (if applicable)

  • Special instructions (if any)

We will guide you step-by-step to ensure your Will reflects your intentions clearly and complies with Malaysian law.

8

Can I change or revoke my Will after it's signed?

Yes, you may revoke or amend your Will at any time as long as you have the legal capacity to do so. A Will is only effective upon death and can be replaced with a new Will at your discretion.

We recommend reviewing your Will periodically, especially after major life events such as marriage, divorce, or the acquisition of significant assets.

9

Do you handle divorce matters?

We only handle mutual consent divorces (Joint Petition) in Malaysia. This involves:

  • Both parties agreeing to the terms (division of property, custody of children, maintenance, etc.)

  • Signing the Joint Petition

  • Filing in the High Court

The process typically takes 3 to 6 months, depending on the court’s schedule and cooperation from both parties. We do not handle contested or litigation-based divorces.

10

Do I need to attend your office in person to sign documents?

Yes, for most legal documents, physical signing in the presence of a solicitor is required under Malaysian law. This is especially important for:

  • Sale and Purchase Agreements

  • Loan documentation

  • Wills and statutory declarations

However, certain documents may be prepared in advance for your review, and we will schedule signing appointments at your convenience.

Get in Touch

C - 2 - 48, IOI Boulevard, Jalan Kenari 5, Bandar Puchong Jaya, 47170 Puchong, Selangor.
O: 03-8070 0555 | P: +6011-1092 7991
E: chooleelawyer@gmail.com

Choo & Lee Advocates & Solicitors (Puchong Branch)

Choo & Lee 律师事务所

©2024 Choo & Lee Advocates & Solicitors(蒲种分行)

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