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Letters of Administration - Step-by-Step Guide & Precedents

Getting the matter underway

Overview

Do we need a grant of probate or letters of administration?

Initial file opening precedents

File cover sheetInstruction sheet

Executors

Initial letter to spouse administratorInitial letter to administratorLetter of appointment and authorisation

Missing Will precedents if required

Pro forma letter looking for missing willLetter to Bar Council with advertisement for missing willAdvertisement for missing will for Bar Council website

Certificate precedents if required

Letter applying for death certificateApplication for certificate of death (Form JPN.LM 13)Application for birth certificateApplication for marriage certificate

Beneficiaries

Estate taxes & considerations

Special grants in limited situations

Initial letters to asset holders requesting information

Sample letters & precedents to asset holders

Letter to bankLetter to company for debenture particularsLetter to company or share registrar for share particularsLetter to employerLetter to insurance companyLetter to nursing homeLetter to superannuation fundLetter to bank on loan with mortgage reducing term assurance

Administration on intestacy

Overview

Administration bondGrant of letters of administration

Rights of inheritance

Order of succession for death after 31.8.1997

To whom administration may be granted

Administration bond

Completing the Petition for Letters of Administration

Petition for letters of administrationPetition for letters of administration - Trust corporationCertificate identifying exhibit - LettersCertificate identifying exhibit - Letters - Trust corporationList of beneficiaries entitled to estate on intestacyAppointment of solicitorsSchedule of assets and liabilities

If Required

Other court precedents

Explanation for delay - LettersPetition for letters of administration with additional nameConsent to act as co-administrator

If Required

Application for dispensation of sureties precedents

Summons in chambers - dispensation of suretiesAffidavit in support of application for dispensation of suretiesConsent of beneficiaries to application for dispensation of sureties

Precedent letters to the court

Letter to court enclosing petition for letters of administrationLetter to court enclosing documents for engrossing of letters of administrationLetter to court authorising collection of letters of administration

If Required

Renunciation of administration

Renunciation of administrationLetter enclosing renunciation of administration

Letters of administration - with will annexed

Administration with the will annexed

Petition for letters of administration with will annexedCertificate identifying exhibit - LettersAffidavit of attesting witness (1)Affidavit of attesting witness (2)Certificate identifying exhibit - LettersAppointment of solicitors - LettersSchedule of assets and liabilities - LettersAdministration oath - LettersAdministration bondGrant of letters of administration with will annexed

If Required

Other court precedents

Renunciation of administration (with will annexed)Renunciation of probate - LettersLetter enclosing renunciation of administrationExplanation for delay - LettersPetition for letters of administration with additional nameConsent to act as co-administrator

If Required

Application for dispensation of sureties precedents

Summons in chambers - dispensation of suretiesAffidavit in support of application for dispensation of suretiesConsent of beneficiaries to application for dispensation of sureties

Precedent letters to the court

Letter to court enclosing petition for letters of administration with will annexLetter to court enclosing documents for engrossing of letters of administration with will annexedLetter to court authorising collection of letters of administration with will annexed

Reseal of letters of administration

Reseal

Petition for resealing of letters of administrationOrder for resealing of letters of administrationAppointment of solicitorsSchedule of assetsAdministration oathAdministration bondSeal of the court - Letters

If Required

Power of attorney precedents

Power of attorney to attend court - LettersProvision in petition - Attorney to attend court - LettersPower of attorney - Attorney to attend court and execute documentsProvision in petition -Attorney to attend court and execute documents

If Required

Application for dispensation of sureties precedents

Summons in chambers - dispensation of suretiesAffidavit in support of application for dispensation of suretiesConsent of beneficiaries to application for dispensation of sureties

Precedent letters to the court

Letter to court enclosing petition for resealing of letters of administrationLetter to court enclosing documents for engrossing resealed letters of administrationLetter to court authorising collection of resealed letters of administration

Applications for Exectutor and Administrator Commission

Overview

What does the court consider in awarding commission

Percentage

Professional Executors

Executor as Beneficiary

Is tax payable on Commission?

The application for commission

Originating summons - CommissionAffidavit in support - Commission

Finalising the matter

If Required

Appointment of Solicitors

Appointment of solicitors - Letters

If Required

Transfer of Immovable Properties

Originating summons for transfer of immovable properties in favour of one beneficiaryAffidavit in support - transfer to one beneficiaryRenunciation of beneficiaryConsent of beneficiary to receiveOriginating summons for transfer of immovable properties to all beneficiariesAffidavit in support - transfer to all beneficiaries

If Required

Sale of Immovable Property

Originating summons for sale any willing purchaserAffidavit in support for saleConsent of beneficiaries to sale

Final Precedents

Letter to administrator

This publication is available as part of:

Letters of Administration - Step by Step Guide & Precedents

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.

About the author

This guide has been authored by CM Teng with By Lawyers For Lawyers.
Teng Chong Moi graduated with a Bachelor of Business Administration from Universiti Kebangsaan Malaysia before proceeding to do her law degree. After completing her Certificate in Legal Practice, she joined a large law firm... See more.

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