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Company and Estate Law?
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New MessageCompany and Estate Law? (modified 0 times) GerrardCW
Hi to all lawyers,

I have a very complicated case needed for your professional advices. My father had passed away a year ago, leaving a company and a few acres of oil palms estates, shared with my uncles.

1. Before my father demise, a factory under the company name is sold and according to the contract, my father will receive some amounts of money. Recently the money from the sale of factory is given to the company, but since my father has passed away, my uncle refuse to give the money to me (I am the beneficiary according to my father's will).

2. Oil palm has a very good price recently. However, NO profit from the harvest of the oil palm is given to me as well. I request to view the account for the oil palm estate from my uncle but rejected by him. According to him, no account is made for the past three years. I am puzzled because the income from the harvest of the oil palm should be declared for taxes.
i. Where can I check whether my uncle has paid the taxes? If NOT, will I get into trouble because I have my name as the part of the owners for the oil palm estate (I have 51% share for the oil palm estate and the remaining 49% are shared by my uncle)?
ii. How can I get my annual income from the harvest of the oil palm? Can I take over the management of the oil palm estate as I own the biggest share?

Appreciated to receive a prompt reply. Thank lots in advance.

25 Mar, 2008 10:41:44

New MessageRE:Company and Estate Law? (modified 0 times) jeffer2881@yahoo.com
Dear;
You can send him a lawyer letter ask for accountant on property income.because you are one of the partner on such land.with you father will you can take over the management by court order.

jeffer2881@yahoo.com

25 Mar, 2008 18:05:21

New MessageRE:Company and Estate Law? (modified 0 times) GerrardCW
Thank jeffer2881 for your prompt reply.
26 Mar, 2008 13:31:52

New MessageRE:Company and Estate Law? (modified 0 times) GerrardCW
Dear jeffer2881,

Do you mind to give me your valuale advice on the following matter?

My grandfather had passed away six years ago. According to his self-made will, his properties would be distributed to six of his sons. Eight of his daughters will not get a share. In this self-made will, my grandfather had put his signature on it, so did his six sons (beneficiaries). No signatures from his daughter, though. As well, no other withnesses. However, immediately after my grandfather had passed away, one of his sons, i.e. my 3rd uncle, declined to agree with the will.


Due to his refusal to accept the will, all my grandfather’s properties, at the moment are still under my grandfather’s name. However, as my 3rd uncle is the one who manages the plantation and the company, he took all the incomes without sharing with the shareholders. Before the demise of my father (who is the elder brother of my 3rd uncle), my father can raise some voice to his style of management. Unfortunately, my father, had also passed away, in June last year.


According to my father’s will which is certified by a lawyer, I am the executor. I wish to get back what belongs to us (my sister, my brother and I) and therefore I went to discuss with my 3rd uncle. However, he told me that I am the nephew, and I have no right to ask for anything.


Personally, I feel, the only good way now is to make my grandfather’s self-made will valid in the eye of Malaysian law. But, I only have the photocopied will, the will is written in Chinese and the will have only signatures from my grandfather and six sons who are the beneficiaries. No witness's signature. In your opinion, is it possible? Else, is there any good solution to what I am currently facing?


Appreciated if you can give any idea or solution. Thank you so much.

27 Mar, 2008 11:29:19


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