Overview
The substantive law governing the process of obtaining letters of representation in West Malaysia is found in the Probate and Administration Act 1959 (Malaysia) . 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.
Probate - Step by Step Guide & Precedents
by By Lawyers For Lawyers author - C M Teng
Overview
This publication gives practical guidance through the law governing the process of obtaining letters of administration in Western Malaysia.
The commentary and precedents provides systematic instruction through all issues likely to arise in general practice including;
- Grant of Probate
- Estate Taxes
- Reseal of Probate
- Application for Executor and Administrator Commission
This guide will ensure compliance with the Probate and Administration Act 1959 and the extensive procedural law as set out in the Rules of the High Court 1980. The precedents in this work are for use in the states of West Malaysia.