Overview
The substantive law governing the process of obtaining letters of representation in West Malaysia is found in the Probate and Administration Act 1959.. The procedural law is set out in the Rules of the High Court 1980 (“RHC 1980”). The precedents in this work are for use in the States of West Malaysia and for non Muslims.
The grants which may be sought are:
- Grant of Probate
- Grant of Letters of Administration with the will annexed.
- Grant of Letters of Administration on an intestacy
- Special grants in limited situations.
Grants clothe the executor or administrator with the required authority and power to administer the estate of the deceased.
A grant cannot be obtained unless property is left in Malaysia.
Death can be presumed after 7 years in certain circumstances. It is most unlikely that this situation will arise for most practitioners.
Grants that are made by the court as a result of a court contest are called Grants in Solemn form as against the usual non contested application which leads to a Grant in Common form.
This preview is an excerpt from the following publication. this publication for access to all the commentary and precedents.
Letters of Administration - Step by Step Guide & Precedents
by By Lawyers For Lawyers author - C M Teng
Overview
This step by step guide navigates through the substantive law governing the process of obtaining letters of administration in Western Malaysia.
The guide will ensure compliance with the Probate and Administration Act 1959 as well as the procedural law as set out in the Rules of the High Court 1980.
The guide includes sections to help with;
- Getting the matter underway: Including sections on executors, beneficiaries, estate taxes, missing will and certificate precedents as well as guidance on whether a Grant of Probate is needed or Letters of Administration?
- Special grants in limited situations
- Initial letters to asset holders requesting information
- Administration on intestacy
- Letters of administration
- Reseal of letters of administration
- Applications for Executor and Administrator Commission
- Finalising the matter: Including appointment of solicitors, transfer and sale of immovable properties.
This publication will benefit both experienced practitioners and junior lawyers as it is conclusive, practical and easy to use.