What does the court consider in awarding commission
The conduct of the administration is a vital consideration. The commission allowed varies according to the nature of the estate administered and the trouble and pains necessarily taken by the executor. The commission should be less where heavy costs have been incurred through engaging professional assistance. The fact that the executor was able to manage his own properties which were in the general area of the deceased’s estate and there were persons employed to look after the estate properties are facts which should be taken into account (Re Loh Boon Nghee, deceased (1962)28 MLJ 368).
Remuneration or commission of an executor or administrator is to be calculated on the performance of their duties according to the law and not whether the administration was successful.
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.