malaysia law – Sim & Rahman https://nababanassociates.com Law Firm In Malaysia Mon, 14 Feb 2022 05:32:51 +0000 en-GB hourly 1 https://wordpress.org/?v=6.9.4 https://nababanassociates.com/wp-content/uploads/2020/06/cropped-SR-Logo-Final-32x32.png malaysia law – Sim & Rahman https://nababanassociates.com 32 32 What Happens to Your Cryptocurrency When You Die? https://nababanassociates.com/estate-planning-lawyer-in-malaysia/cryptocurrency-malaysia-after-death/ Mon, 14 Feb 2022 05:32:04 +0000 https://nababanassociates.com/?p=3984 It is, without a doubt, in recent years that cryptocurrency (or crypto for short) has become a very popular investment venture. It’s so popular to an extent you’ll see people putting in a minimal sum just to try it out for themselves. 

However, have you ever thought about what will happen to all that money you’ve made in crypto when you have passed away? Where will it go when you are no longer around? Who can lay claim to your crypto assets when you are dead? 

Everyone knows that when you have passed away, your assets and properties will go to your next of kin in Malaysia. Whether you have a will or not, your next of kin will get it regardless of how long they have to wait for it. The only difference is whether you have a will and/or will or not. 

For crypto, it works almost similarly. Read on to find out more about where your crypto will go when you have passed away. 

Having a will 

Having a will
Image via Canva

Having a will can make things easier for you when you have passed away. If you have one, you can put in whatever assets you have there. When you have passed away, your named beneficiaries will get a cut of that distribution. That’s how wills work, generally. 

It’s the same thing here with cryptocurrency. You can list your crypto in your wills so when you’ve passed away, your beneficiaries will get whatever profit your crypto is valued at that point in time. 

It’s said that there are billions of dollars worth of unclaimed crypto assets left unclaimed according to this article by New York Times

In order to include your crypto in your will, it’s best that you include the private keys to your crypto in it. Let your lawyers know where you keep your cryptos and how you store them. Do you store them in cold wallets or hot wallets? Because those 2 wallets have different ways of accessing your cryptos. 

Prepare a set of instructions for your next-of-kin for inheriting your crypto assets 

Prepare a set of instructions for your next-of-kin for inheriting your crypto assets
Image via Canva

Not everyone is tech-savvy, including some of your family members and relatives. What that happens, it’s quite likely they have no idea how to access your crypto accounts to get the money you’ve left behind. 

With that in mind, a lot of people are advised to leave behind a set of instructions for their non-tech-savvy family members. List down a detailed list of instructions for your relatives and family members on how to withdraw your crypto money at a later date. They will thank you later. 

Some people leave instructions in a notebook and stash it away in a safe space. In your instructions you should have the following vital information

  • Where you store your cryptocurrencies
  • The passwords and keys to your crypto wallets and accounts
  • Get and assign a digital executor to delegate your crypto
  • List your crypto assets in your will and specify who gets what 

Is crypto subjected to the same foreign asset tax treatment in Malaysia? 

Is crypto subjected to the same foreign asset tax treatment in Malaysia
Image via Canva

This is a common question asked by many crypto miners and is a valid one at that. In some countries like Australia and the UK impose capital gains taxes on cryptocurrencies. Malaysia does not, apparently, according to The Malaysian Reserve news published on LHDN’s website. 

In summary – the article says that cryptocurrencies are volatile and unstable. It’s not a controlled currency like your typical MYR, GBP, USD, etc. That means no countries control cryptocurrencies, making it not recognizable as a legal tender currency anywhere. Not officially, at least, though there are some stores that accept crypto as payment. Therefore, cryptocurrencies are not taxed in Malaysia for now. 

Conclusion 

Cryptocurrencies may not be recognized by the Malaysian government. However, it does not stop Malaysians from trading it online. Just remember that you have everything prepared and listed in your wills – while you are alive, of course. Don’t wait till it’s too late and when you have passed away. If you have, your next-of-kin will have a hard time trying to retrieve your profits when you are no longer around. 

]]>
The Difference Between a Trustee and an Executor https://nababanassociates.com/estate-planning-lawyer-in-malaysia/trustee-executor-differences/ Mon, 23 Aug 2021 06:12:29 +0000 https://nababanassociates.com/?p=3358 Differences That Are Unique to Both Trustee and Executor 

A trustee and an executor have a lot of similarities in terms of their job. However, there are some distinctive differences between a trustee and an executor. An executor may distribute assets under the probate court’s supervision. A trustee, on the other hand, may manage an estate for many years after the deceased’s death, sometimes even for life. 

Both trustee and executor may see to it that the deceased’s assets and monies be distributed accordingly after the person’s death. However, are you aware that there are differences between the two? 

Trustee and Executor Definitions 

Trustee and Executor Definitions
Image via Canva

 

Before we discuss the difference between a trustee and an executor, here are the definitions of both. 

Trustee; according to Investopedia, a trustee is: 

A person or firm that holds and administers properly or assets for the benefit of a 3rd party. A trustee may be chosen for a huge variety of reasons such as for bankruptcy, charity, trust fund, or certain kinds of retirement plans and pensions 

Executor, according to Investopedia, means: 

A person appointed for an estate to administer the last will and testament of a deceased person. His/her main duty is to carry out the instructions to manage the affairs and wishes of the person who has passed away. An executor is normally appointed by the country’s law courts. However, there will be occasions where the executor will be chosen by the testator.

 

How Are Trustees and Executors Different From Each Other? 

How Are Trustees and Executors Different From Each Other
Image via Canva

 

Now that we are done with the basic definitions of both trustee and executor, we will now talk about the differences. In this article, we will try to lay out as much differences as we possibly can. 

Trustee Executor
A trustee is someone who runs the trust your will creates. They also see to it that your properties get distributed according to what your will says. 

Usually a trustee is appointed by someone who is close to the deceased when he/she is still alive. It can be a family member or a relative. Sometimes it can be a close family friend or someone who they know very well.

 

 

An executor is someone who organizes your affairs after you have passed away. 

If you have any unnamed and unlisted bank accounts, properties, assets, etc., then it’s the executor’s job to locate them and see to it that they get distributed

Executors are often appointed by the country’s law courts. You cannot say no to an executor’s appointment. However, there will be cases where you can choose not to have an executor but to have an administrator instead. The mechanics of how this work has its own rules and exceptions.

A trustee is for lifetime appointment. It means that as soon as you have appointed a trustee, the trustee will advise and guide you accordingly in how to distribute your assets, monies, and properties. Trustees are not your personal assistants or lawyers although they may seem like it. 

After you have passed away, your appointed trustee will continue to advise and see to it that your assets, monies, and properties get distributed. Not only do they see it distributed, they also see that your beneficiaries manage your assets “properly” (if we can say it that way). 

In some ways you can say that a trustee is “for life” in this case.

An executor is appointed for temporary occasions. As soon as you have passed away, an executor will be appointed to handle the distribution of your belongings according to your will (if there is one). 

As soon as they are done with locating the will and ensuring that it’s been followed accordingly, their job as your executor is pretty much done. They do not really advise your beneficiaries in how to handle the assets they’ve received from you as it’s not an executor’s job to do so. They only see to it that your will has been fulfilled and that your assets be distributed accordingly.

A trustee does not have to handle Grant of Probate and everything surrounding it. Their job as a trustee is to help manage the distribution of the assets, monies and properties. They are not legal people who handles the legal side of things. An executor handles the legal side of things as they are (by logic) appointed by the law courts. So that means they will handle Grant of Probate and other legal proceedings surrounding the deceased’s assets. 

Having said that, it is normal to see executors looking into any outstanding debts and debtors, looking for any unnamed properties, and so forth.

Trustees do not have power over bank accounts, properties, and other assets that are not named and listed in the deceased’s will. They can only oversee and manage whatever has been listed in the latest legal will. 

If any other assets, bank accounts, and properties surfaced after the person’s death, then the trustee will be unable to manage and handle it.

Executors have power and “authority” over any assets, bank accounts, and properties that are not listed in the deceased’s will. Whatever asset that has surfaced or unearthed by the executor and law courts, the executor will see to it that it be distributed to the next-of-kin according to the Malaysian Distribution Act. 

However, if there are any outstanding debts that needs to be cleared, then the assets will be used to pay off these debts.

 

Conclusion 

In conclusion, there are some distinctive differences between a trustee and an executor. Most of their tasks and jobs may be similar, but there are some stark differences. We hope that you are able to learn some of the differences between the 2 roles after reading this article. 

]]>