Executor as Beneficiary
In the case of Re Loh Boon Nghee, deceased (1962)28 MLJ, 368, the Court considered the question whether an executor beneficiary ought to have a commission of the same amount or less than an executor who is not a beneficiary and referred to the case of Tan Soo Lock v Tan Jiak Choo [1932]S.S.L.R 6. In Tan’s case, the court held that where the benefitting executor is a residuary legatee or legatee taking an aliquot share of the estate, he pays qua beneficiary in the same proportion as he receives qua executor, and the matter thus appears to adjust itself mechanically.
Where a legacy is annexed to the office of executor, the executor is not entitled to charge the usual executor’s commission in addition to the legacy (Noor Mahomed Merican v Nacodah Merican (1885) 4 Ky 88).
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.