Get this from a library! Akta Probet dan Pentadbiran semua pindaan hingga Februari, Akta [Malaysia.; MDC Legal Advisers.]. (1) This Act may be cited as the Probate and Administration Act , and shall come into force on such date as the Minister may by notification in the Gazette. Malaysia, yang dilantik di bawah Akta Probet dan Pentadbiran Pentadbiran [Akta 97] telah digantikan dengan terma “Perbadanan”–lihat seksyen 2 dan .

Author: Saran Taujar
Country: Ghana
Language: English (Spanish)
Genre: Personal Growth
Published (Last): 18 June 2015
Pages: 394
PDF File Size: 11.90 Mb
ePub File Size: 17.98 Mb
ISBN: 610-4-95995-129-2
Downloads: 78107
Price: Free* [*Free Regsitration Required]
Uploader: Zujar

Administration of assets Executor of executor represents original testator Probate of copy or draft or of contents Grant with exception Power of personal representative to dispose of property Administration with copy annexed of authenticated copy of will proved abroad Privacy Policy Terms and Conditions.

Your Web browser is not enabled for JavaScript. Grants with exception The Court may, on the application of any person interested, if it akga 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 pentavbiran 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.

Property of the deceased charged with, or devised or bequeathed either by a specific or general description subject to a charge for the payment of debts. Some features of WorldCat will not be available. Undistributed funds may be passed to the Corporation Please re-enter recipient e-mail address es. The Court may, if it appears that the condition of an administration bond has pentadhiran 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.

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: Property of the deceased undisposed of by will, subject to the retention thereout of a fund sufficient to meet any pecuniary legacies.

The E-mail Address es you entered is are not in a valid format. Death of payee Probate and Administration 31 Duties of representative Remember me on this computer.

Letters of administration pendente lite Your rating has been recorded. Power to postpone distribution 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.


Executor’s or administrator’s commission The name field is required. Preview this item Preview this item. Power to appoint trustees of minor’s property Probate and Administration 11 4 This section applies to grants 19599 representation made after the commencement of this Act whether the testator or intestate dies before or after the commencement.

Notice of sealing Result of grant of administration Advanced Search Find a Library. 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.


When a limited grant has expired by effluxion of time or the happening of the event or contingency on which it was limited, and there is still some part of the deceased’s estate unadministered, letters of administration may daj granted to those persons to whom original grants might have been made. Probate and Administration 21 Bond by creditor who is administrator Executor not to act while administration is in force 5.

The E-mail Address es field is required. Where a Court of Probate in any part of the Commonwealth has, either before or after the passing of this Act, granted probate or letters of administration in respect of the estate of a deceased person, the probate or letters pfobet administration so granted, or a certified copy thereof, sealed with the seal of the court granting the same, may, on being produced to and a copy thereof deposited in the High Court, be sealed with the seal of the High Court, and thereupon shall be of the like force and effect, and have the same operation in Malaysia, as if it were a grant made by the High Court: You already recently rated this item.

Malaysian Legislation

Executor not probeet act while administration is in force 6. Any probate or letters of administration may be revoked or amended for any sufficient cause.

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.

Letters of administration of trust property Subject to any other written law, a personal representative has the same powers to ran in respect of all causes of action that survive probft 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.


Akta Probet dan Pentadbiran (Disemak – )

Qualifications of administration with will annexed Provided that– a the Court may in its discretion and for such special reasons as it may think fit grant administration to one individual; and b the Court in granting administration may act on such prima facie evidence, furnished by the applicant or any other person, akga to whether or not there is a minority or life interest, as may be prescribed.

Provided that nothing in this section shall be construed so as to prevent the Corporation from akra for or being granted letters of administration of the estate of a deceased person with or without the will annexed before the expiration of a period of six months of the death of the deceased. Right of proving executors wkta exercise powers 7. Provided probwt no trust corporation shall be required to furnish security.

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.

Property appointed by will under a general power, rateably according to pentavbiran. 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. Don’t have an account?

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.

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.

Restrictions on grant 5.