Togar Provided that— a if it appears that the deceased was not, at the time of his death, domiciled within the jurisdiction of the court from which the grant issued, the seal shall not be affixed unless the grant is such as the High Court would have made; and b before the probate or letters of administration is sealed with the seal of the High Court, the Court may require such evidence, if any, as it thinks fit as to the domicile of the deceased person. Please create a new list with a new name; move some items to a new or existing list; or delete some items. Where a person appointed executor by a will— a survives the testator but dies without having taken out peentadbiran of the will; b is cited to take out probate of the will and does not appear to the citation; or c renounces the probate of the will, his rights in respect of the executorship shall wholly cease, and the representation to the testator and the administration of his estate shall devolve and be committed in like manner as if that person had not been appointed executor. Citations are based on reference standards.
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An Act relating to probate and letters of administration. Interpretation 2. Restrictions on grant 4. Probate and Administration 11 4 This section applies to grants of representation made after the commencement of this Act whether the testator or intestate dies before or after the commencement.
Executor not to act while administration is in force 5. Where administration has been granted in respect of any estate of a deceased person, no person shall have power to bring any action or otherwise to act as executor of the deceased person in respect of the estate comprised in or affected by the grant until the grant has been recalled or revoked.
Right of proving executors to exercise powers 6. Cesser of right of executor to prove 7. Where a person appointed executor by a will-- a survives the testator but dies without having taken out probate of the will; b is cited to take out probate of the will and does not appear to the citation; or c renounces the probate of the will, his rights in respect of the executorship shall wholly cease, and the representation to the testator and the administration of his estate shall devolve and be committed in like manner as if that person had not been appointed executor.
Express renunciation 8. Constructive renunciation 9. Effect of renunciation The renunciation, whether made expressly in the manner provided by section 8 or constructively in the manner provided by section 9, shall preclude the person so renouncing from applying thereafter for representation: Provided that the Court may at any time allow the person so renouncing to withdraw his renunciation for the purpose of taking a grant, if it is shown that the withdrawal is for the benefit of the estate or of those interested under the will or intestacy.
Withdrawal of renunciation Executor of executor represents original testator Grant of representation to a trust corporation Death of one of several executors, etc.
Codicil propounded after probate Where, after probate has been granted, a codicil of the will is propounded, separate probate may be granted of the codicil: Provided that where the codicil expressly or impliedly revokes the appointment of any executor to whom probate has been granted, the probate shall be revoked, and a new probate granted of the will and codicil together.
On failure of executors Where-- a no executor is appointed by a will; Probate and Administration 15 b the executor or all the executors appointed by will are legally incapable of acting as such, or have renounced; c no executor survives the testator; d all the executors die before obtaining probate or before having administered all the estate of the deceased; or e the executors appointed by any will do not appear and extract probate, letters of administration with the will annexed may be granted to such person as the Court deems fit to administer the estate: Provided that a prior right to the grant shall belong to the following persons in the following order: i a universal or residuary legatee; ii a personal representative of a deceased universal or residuary legatee; iii such person or persons, being beneficiaries under the will, as would have been entitled to a grant of letters of administration if the deceased had died intestate; iv a legatee having a beneficial interest; and v a creditor of the deceased.
Qualifications of administration with will annexed Section 15 shall apply in the case of grant of letters of administration with the will annexed, in like manner as it applies in the case of a grant of probate; and in any case where administration with the will annexed is granted the will of a deceased shall be performed and observed in a like manner as if probate thereof had been granted to an executor.
Letters of administration until will is produced When no will of the deceased is forthcoming, but there is reason to believe that there is a will in existence, letters of administration may be granted, limited until the will or an authenticated copy thereof is produced. Pending any probate action, letters of administration may be granted to such person as the Court may appoint, limited so that the administrator shall not be empowered to distribute the estate, and shall be subject to such control by, and direction of, the Court, as the Court deems fit; and subject to that limitation the administrator so appointed shall have all the rights and powers of a general administrator.
Minors Lunatics No representation shall be granted to a person of unsound mind, but where any such person, if of sound mind, would be entitled to representation, letters of administration with or without the will annexed may, subject to section 4, be granted to the person to whom the care of his estate has been lawfully committed, or to such person as to the Court seems fit, for the use and benefit of the person of unsound mind, until he becomes of sound mind and obtains a grant to himself.
Letters of administration of trust property Where a person dies, leaving property in which he had no beneficial interest on his own account, and does not leave a representative who is able and willing to act, letters of administration, limited to that property, may be granted to the person beneficially interested in the property, or to some other person on his behalf. Probate and Administration 17 Letters of administration to collect and preserve property In any case in which it appears necessary for preserving the property of a deceased person, the Court may grant to any person whom the Court thinks fit, or to the Corporation, letters of administration limited to the collection and preservation of the property of the deceased, and giving discharge of debts due to his estate, subject to the directions of the Court; and the person so appointed shall have power to dispose of all assets of the estate of a wasting or perishable nature and invest the proceeds of sale.
Grant with exception A grant of probate or letters of administration may be made subject to such exception as the will or the circumstances of the case require; and in any such case a further grant may be made of the part of the estate so excepted. Probate of copy or draft or of contents Where a will has been lost or mislaid after the death of the testator, or where a will cannot for any sufficient reason be produced-- a if a copy or draft thereof is produced, and it appears that the copy or draft is identical in terms with the original, probate may be granted of the copy or draft, limited until the original is admitted to probate; and b if no copy or draft thereof is produced, probate may be granted of the contents of the will, if they can be sufficiently established, limited as above described, unless the will is a privileged will not in writing.
Destroyed will Where a will has been destroyed, otherwise than by the act or with the consent of the testator, probate may be granted of a copy or draft thereof, or of the contents thereof, if they can be sufficiently established. When a will has been proved and deposited in a court of competent jurisdiction situated beyond the limits of Malaysia, and a properly authenticated copy of the will is produced, probate may be granted of the copy, or letters of administration may be granted with a copy of that copy annexed.
Administration when limited grant expired and still some part of estate unadministered Absent persons Discretion of Court as to persons to whom administration is to be granted In granting administration the Court shall have regard to the rights of all persons interested in the estate of the deceased person or in the proceeds of sale thereof, and, in particular, administration with the will annexed may be granted to a devisee or legatee; and in regard to land settled previously to the death of the deceased, and not by his will, administration may be granted to the trustees of the settlement; and any such administration may be limited in any way the Court thinks fit: Provided that, where the deceased died wholly intestate as to his estate, administration shall, if application is made for the purpose, be granted to some one or more of the persons interested in the residuary estate of the deceased, unless by reason of the insolvency of the estate or other special circumstances the Court thinks it expedient to grant administration to some other person.
Result of grant of administration Every person to whom administration of the estate of a deceased person is granted shall, subject to the limitations contained in the grant, have the same rights and liabilities and be accountable in like manner as if he were the executor of the deceased.
Continuance of legal proceedings after revocation of temporary administration If, while any legal proceedings are pending in any court by or against the administrator to whom a temporary administration has been granted, that administration is revoked, that court may order that the proceedings be continued by or against the new personal representative, in like manner as if the same had been originally commenced against him, but subject to such conditions and variations, if any, as that court directs.
Any person having, or claiming to have, any interest may, at any time after the death of a deceased person and before representation has been granted to his estate, enter a general caveat in the prescribed form, so that no representation shall be granted without notice to the caveator; and after entry of any such caveat no representation shall be made until the caveator has been given opportunity to contest the right of any petitioner to representation.
Revocation of grant Any probate or letters of administration may be revoked or amended for any sufficient cause. Administration bond Probate and Administration 21 Bond by creditor who is administrator When letters of administration are granted to a creditor, he may be required to enter into a bond to pay the debts of the deceased rateably, without preferring his own debt. Assignment of bond The Court may, if it appears that the condition of an administration bond has been broken, order that it be assigned by the Registrar to some named person, who shall thereupon be entitled to sue on the bond under his own name on behalf of all persons interested in the estate in respect of which the bond was executed, as though it had originally been made in his favour.
Discharge of administration bond Where an administrator who has given a bond under this Act or any written law hereby repealed is in possession of any part of the estate of the testator or intestate and is prevented from fully administering the estate by reason of inability to ascertain or to communicate with the persons beneficially entitled to the residue in his hands, he may exhibit in the Court an account showing how the estate has been administered, and may, after the account has been verified as the Court may direct, with the leave of the Court pay into the Court, or if the Court so directs to a trust corporation, the residue in his hands; and after any such payment the Court shall, unless good cause is shown to the contrary, discharge the administrator and his surety or sureties if any from the obligations of the said bond.
The Court shall have power to summon any person named as executor in any will to prove or renounce probate of the will and do such other things concerning any will as the High Court in England could do.
Order to bring in will, etc. The Court may, on the application of any person interested, if it appears that there is reason to believe that any will or other testamentary document of a deceased person is in the possession or under the control of any person, or that any person has knowledge of the existence of such a will or document, order that the person do, within a time named, produce the will or document at the Registry, or attend at a time named before a Court, for the purpose of being examined in relation to that document.
Death of payee Funeral and testamentary expenses allowed Receiver pending grant Where any person dies leaving property within Malaysia, the Court may, if it appears on the application by motion of the Corporation or of any person claiming to be interested in the property, or having the custody or control thereof at the time of the death of the deceased, or being at that time an attorney or employee of the deceased, that there is danger that the property may be wasted, appoint the Corporation, or such other person as the Court thinks fit, to be a receiver of the property pending a grant of probate or letters of administration.
Deleted by Act A Application of rules relating to receivers A receiver appointed under section 45 shall be subject to all rules of court relating to receivers generally: Provided that no trust corporation shall be required to furnish security.
Any person who, without lawful authority, removes or attempts to remove from any place any portion of the property of which a receiver has been appointed under section 45, or destroys, conceals or refuses to yield up the same to the Corporation or the receiver, as the case may be, shall be guilty of an offence and shall, on conviction, be liable to a fine not exceeding two thousand ringgit or to imprisonment for a term not exceeding six months or to both.
No suit against receiver No suit shall be brought against the Corporation or receiver appointed under section 45 in relation to anything done or intended to be done by him in respect of the property of the deceased in exercise or intended exercise of the powers vested in him; but any person aggrieved by anything so done or intended to be done, may apply to the Court for directions in the matter, and the Court may make such order in the premises as is just.
A receiver appointed under section 45 shall have a lien upon the property entrusted to him for all costs and expenses properly incurred by him in the exercise of his duties as such receiver, and for such remuneration as the Court may allow. In this Part-- "British Court in a foreign country" means any British Court having jurisdiction out of the Commonwealth in pursuance of an Order of Her Britannic Majesty in Council, whether made under any Act of the Parliament of the United Kingdom or otherwise; "the Commonwealth" shall, for the purposes of this Part, be deemed to include in addition any country which the Yang Probate and Administration 25 di-Pertuan Agong may by notification published in the Gazette direct to be included among the countries to which this Part applies; "Court of Probate" means any court or authority by whatever name designated, having jurisdiction in matters of probate; "probate" and "letters of administration" include confirmation in Scotland and any instrument having, in any part of the Commonwealth, the same effect as that which, under the law of Malaysia, is given to probate or letters of administration respectively.
Powers of Court to re-seal Application to British Courts in foreign countries Any probate or letters of administration granted by a British Court in a foreign country may be sealed in Malaysia in the manner provided in section 52, and this Part shall apply accordingly with the necessary modifications.
Security on re-sealing letters of administration Before the sealing of letters of administration under this Part, the administrator or his attorney shall give security by a bond in the prescribed form for the due administration of the estate; and that security shall be subject to section 35 relating to security to be given in the case of a grant of letters of administration.
Security for creditors in Malaysia Probate and Administration 27 Notice of sealing Notice of the sealing of a grant under this Part shall be sent forthwith by the Registrar to the court from which the grant is issued. Notice of revocation When notice has been received by the Court of the re-sealing of a grant issued in Malaysia, notice of any revocation or alteration of any such grant shall be sent forthwith by the Registrar to the court so re-sealing the grant.
Subject to any other written law, a personal representative has the same powers to sue in respect of all causes of action that survive the deceased, and may exercise the same power for the recovery of debts due to him at the time of his death as the deceased had when living. Power of personal representative to dispose of property If a personal representative purchases, either directly or indirectly, any part of the property of the deceased, the sale is voidable at the instance of any other person interested in the property sold.
Duty of personal representative as to inventory The personal representative of a deceased person shall, when lawfully required so to do, exhibit, by affidavit filed in the Court, a true and perfect inventory and account of the movable and immovable property of the deceased, and the Court shall have power to require personal representatives to bring in inventories.
Transfer of assets to personal representative in country of domicile of deceased for distribution Protection of persons acting on probate or administration Liability of a person fraudulently obtaining or retaining estate of deceased If any person, to the defrauding of creditors or without full valuable consideration, obtains, receives or holds any movable or immovable property of a deceased person or effects the release of 30 Laws of Malaysia ACT 97 any debt or liability due to the estate of the deceased, he shall be charged as executor in his own wrong to the extent of the property received or coming into his hands, or the debt or liability released, after deducting-- a any debt for valuable consideration and without fraud due to him from the deceased person at the time of his death; and b any payment made by him which might properly be made by a personal representative.
Liability of estate of personal representative Where a person as personal representative of a deceased person including the executor in his own wrong wastes or converts to his own use any part of the movable or immovable property of the deceased, and dies, his personal representative shall, to the extent of the available assets of the defaulter, be liable and chargeable in respect of the waste or conversion, in the same manner as the defaulter would have been if living. Probate and Administration 31 Duties of representative Administration of assets Charges on property of deceased to be paid primarily out of the property charged Contracts by personal representatives Assent or conveyance by personal representative
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