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.
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.