The application for commission
An executor or administrator cannot on his own simply charge to the account of the estate in claiming for commission (Fong Ah Tai & Ors v Fong Yoon Heng & Anor [2004]7 MLJ 128; Rachel Mei Ling Ong & Anor v Dato’ Bruno Henry Almeida (as the Executor of the estate of Ong Soon Hoe, deceased) [1998]1 AMR 600). An application under Sect 43 of the PAA 1959 must be made to the court and the executor or administrator must show their conduct in administering the estate.
The costs associated with any application should always be considered before filing. To avoid the costs associated with a formal application, it is in the beneficiaries interest for the executor and beneficiaries to come to an agreement as to commission (provided the beneficiaries have capacity) whenever possible.
In the event that there is no agreement and before making an application ensure that the executor or administrator have thoroughly fulfilled their duties.
Unless the remuneration of the executor or administrator has been earlier fixed by the court, the court will assess and provide for the remuneration when the court has completed examination of the administrator’s accounts (Order 72 Rule 20(4) of the RHC 1980) and taxation of costs.
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.