Overview
Provisions for payment of commission to an executor or administrator is contained in Probate and Administration Act 1959 – Sect 43. Payment of commission is at the discretion of the court. The court may, unless the commission has earlier been fixed by the court, in the course of taking the administration accounts exercise the power to provide commission. The executor or administrator cannot on his own simply charge the estate for commission (Fong Ah Tai & Ors v Fong Yoon Heng & Anor [2004]7 MLJ 128; Rachel Mei Ling Ong & Anor v Dato’ Bruno Henry Almeida (as the Executor of the estate of Ong Soon Hoe, deceased) [1998]1 AMR 600)
The payment of commission may also arise by way of:
- Provision in the will.
- Agreement by all beneficiaries who have capacity.
Regardless of which avenue best suits your client’s circumstances, you should be aware of the considerations of the court in reaching agreement as to any payment for commission.
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.