PROBATE AND ADMINISTRATION ACT 1959 (REVISED 1972)
(1) This Act may be cited as the Probate and Administration Act 1959 , and shall come into force on such date as the Minister may by notification in the Gazette appoint and the Minister may appoint different dates for the coming into force of this Act in different States; and in the case of Sabah and Sarawak, he may appoint different dates for different provisions of this Act.
(2) In bringing this Act into force in Sarawak the Minister may by order make such modifications thereto as he deems necessary in consequence of any modifications made to the Small Estates (Distribution) Act 1955, under section 1(2) of that Act.
In this Act, unless the context otherwise requires-
' "Corporation" means Amanah Raya Berhad, a company incorporated under the Companies Act 1965 and pu
(1) Probate may be granted to an executor appointed by a will.
(2) The appointment of an executor may be express or implied.
(3) Subject to section 4, where several executors are appointed probate may be granted to them all simultaneously or at different times.
(1) Representation shall not be granted to more than four persons in regard to the same property.
(2) If any beneficiary is an infant, or if a life interest arises under the will or intestacy, administration shall be granted either to a trust corporation (with or without an individual) or to not less than two individuals:
Provided that-
(a) the Court may in its discretion and for such special reasons as it may think fit grant administration to one individual; and
(b) the Court in granting administration may act on such prima facie evidence, furnished by the applicant or any other person, as to whether or not there is a minority or life interest, as may be prescribed.
(3) If there is only one personal representative (not being a trust corporation) then, during the minority of a beneficiary or the subsistence of a life interest, and until the estate is fully adm
Where administration has been granted in respect of any estate of a deceased person, no person shall have power to bring any action or otherwise to act as executor of the deceased person in respect of the estate comprised in or affected by the grant until the grant has been recalled or revoked.
(1) Where probate is granted to one or some of two or more persons named as executors, whether or not power is reserved to the others or other to prove, all the powers which are by law conferred on the personal representative may be exercised by the proving executors for the time being and shall be as effectual as if all the persons named as executors had concurred therein.
(2) This section applies whether the testator died before or after the commencement of this Act.
Where a person appointed executor by a will-
(a) survives the testator but dies without having taken out probate of the will;
(b) is cited to take out probate of the will and does not appear to the citation; or
(c) renounces the probate of the will,
his rights in respect of the executorship shall wholly cease, and the representation to the testator and the administration of his estate shall devolve and be committed in like manner as if that person had not been appointed executor.
(1) Any person who is or may become entitled to representation may expressly renounce his right to the representation.
(2) Renunciation may be made orally by the person renouncing or his advocate, on the hearing of any petition or probate action, or in writing signed by the person so renouncing and attested either by an advocate or by any person before whom an affidavit may be sworn.
(1) Any person having or claiming any interest in the estate of a deceased person, or any creditor of a deceased person, may, without applying for representation, cause to be issued a citation directed to the executor or executors appointed by the deceased's will, or to any person appearing to have a prior right to representation, calling upon the person cited to accept or renounce the right.
(2) Any person so cited may enter an appearance to the citation, but if he makes default in appearance thereto, he shall be deemed to have renounced the right; and if, having appeared, he does not proceed to apply for representation, the person so citing may apply for an order that the person cited, unless he applies for and obtains a grant within a time limited by the order, shall be deemed to have renounced his right thereto, and an order may be made accordingly.
(3) If the Court is satisfied that any person who is or may become entitled to repre
The renunciation, whether made expressly in the manner provided by section 8 or constructively in the manner provided by section 9, shall preclude the person so renouncing from applying thereafter for representation:
Provided that the Court may at any time allow the person so renouncing to withdraw his renunciation for the purpose of taking a grant, if it is shown that the withdrawal is for the benefit of the estate or of those interested under the will or intestacy.
(1) Where an executor who has renounced probate has been permitted, whether before or after the commencement of this Act, to withdraw the renunciation and prove the will, the probate shall take effect and be deemed always to have taken effect without prejudice to the previous acts and dealings of and notices to any other personal representative who has previously proved the will or taken out letters of administration, and a memorandum of the subsequent probate shall be endorsed on the original probate or letters of administration.
(2) This section applies whether the testator dies before or after the commencement of this Act.
(1) An executor of a sole or last surviving executor of a testator is the executor of that testator:
Provided that this provision shall not apply to an executor who does not prove the will of his testator, and, in the case of an executor who on his death leaves surviving him some other executor of his testator who afterwards proves the will of that testator, it shall cease to apply on probate being granted.
(2) So long as the chain of representation is unbroken, the last executor in the chain is the executor of every preceding executor.
(3) The chain of representation is broken by-
(a) an intestacy;
(b) the failure of a testator to appoint an executor; or
(c) the failure to obtain probate of a will,
but is not broken by a temporary grant of administration if probate is subsequently granted.
(4) Every person in the chain of representatio
(1) Where a trust corporation is appointed an executor in a will, either alone or jointly with another person, the Court may grant probate to the corporation either solely or jointly with another person, as the case may require, and the corporation may act as executor accordingly.
(2) Administration may be granted to any trust corporation either solely or jointly with another person, and the corporation may act as administrator accordingly.
(3) Representation shall not be granted to a syndic or nominee on behalf of any trust corporation.
(4) Any officer authorized for the purpose by the corporation or the directors or governing body thereof may swear affidavits, give security, and do any other act or thing which the Court may require on behalf of the trust corporation with a view to the grant of representation to the corporation, and the acts of that officer shall be binding on the corporation, and he shall be entitled to be kep
(1) Where representation has been granted to more than one executor or administrator, and one of them dies, the representation of the estate shall accrue to the surviving executors or, except in cases to which section 4 applies, administrator or administrators.
(2) On the death of an executor or administrator, administration may be granted in respect of any estate not fully administered, and in granting administration in any such case the Court shall be guided by the same rules as apply to original grants.
Where, after probate has been granted, a codicil of the will is propounded, separate probate may be granted of the codicil:
Provided that where the codicil expressly or impliedly revokes the appointment of any executor to whom probate has been granted, the probate shall be revoked, and a new probate granted of the will and codicil together.
Where-
(a) no executor is appointed by a will;
(b) the executor or all the executors appointed by will are legally incapable of acting as such, or have renounced;
(c) no executor survives the testator;
(d) all the executors die before obtaining probate or before having administered all the estate of the deceased; or
(e) the executors appointed by any will do not appear and extract probate,
letters of administration with the will annexed may be granted to such person or persons as the Court deems fittest to administer the estate:
Provided that a prior right to the grant shall belong to the following persons in the following order:
(i) a universal or residuary legatee;
(ii) a personal representative of a deceased universal or residuary legatee;
(iii) such person or persons, being beneficiarie
17 PART II GRANTS OF REPRESENTATION-17. Qualifications of administration with will annexed.
Section 15 shall apply in the case of grant of letters of administration with the will annexed, in like manner as it applies in the case of a grant of probate; and in any case where administration with the will annexed is granted the will of a deceased shall be performed and observed in a like manner as if probate thereof had been granted to an executor.
18 PART II GRANTS OF REPRESENTATION-18. Letters of administration until will is produced.
When no will of the deceased is forthcoming, but there is reason to believe that there is a will in existence, letters of administration may be granted, limited until the will or an authenticated copy thereof is produced.
19 PART II GRANTS OF REPRESENTATION-19. Letters of administration pendente lite .
Pending any probate action, letters of administration may be granted to such person as the Court may appoint, limited so that the administrator shall not be empowered to distribute the estate, and shall be subject to such control by, and direction of, the Court, as the Court deems fit; and subject to that limitation the administrator so appointed shall have all the rights and powers of a general administrator.
20 PART II GRANTS OF REPRESENTATION-20. Minors.
(1) No representation shall be granted to a person while he is a minor; but where a minor would, but for his minority, be entitled to representation, letters of administration with or without the will annexed may, subject to section 4, be granted to the guardian of the person and property of the minor, or to such person as the Court thinks fit, limited until the minor shall obtain a grant himself.
(2) Where there are two or more minor executors or persons so entitled, any grant made under subsection (1) shall be limited until one or other of them shall obtain a grant.
21 PART II GRANTS OF REPRESENTATION-21. Lunatics.
No representation shall be granted to a person of unsound mind, but where any such person, if of sound mind, would be entitled to representation, letters of administration with or without the will annexed may, subject to section 4, be granted to the person to whom the care of his estate has been lawfully committed, or to such person as to the Court seems fit, for the use and benefit of the person of unsound mind, until he becomes of sound mind and obtains a grant to himself.
22 PART II GRANTS OF REPRESENTATION-22. Letters of administration of trust property.
Where a person dies, leaving property in which he had no beneficial interest on his own account, and does not leave a representative who is able and willing to act, letters of administration, limited to that property, may be granted to the person beneficially interested in the property, or to some other person on his behalf.
23 PART II GRANTS OF REPRESENTATION-23. Letters of administration to collect and preserve property.
In any case in which it appears necessary for preserving the property of a deceased person, the Court may grant to any person whom the Court thinks fit, or to the Corporation, letters of administration limited to the collection and preservation of the property of the deceased, and giving discharge of debts due to his estate, subject to the directions of the Court; and the person so appointed shall have power to dispose of all assets of the estate of a wasting or perishable nature and invest the proceeds of sale.
[Am. Act A912]
24 PART II GRANTS OF REPRESENTATION-24. Grant with exception.
A grant of probate or letters of administration may be made subject to such exception as the will or the circumstances of the case require; and in any such case a further grant may be made of the part of the estate so excepted.
25 PART II GRANTS OF REPRESENTATION-25. Probate of copy or draft or of contents.
Where a will has been lost or mislaid after the death of the testator, or where a will cannot for any sufficient reason be produced-
(a) if a copy or draft thereof is produced, and it appears that the copy or draft is identical in terms with the original, probate may be granted of the copy or draft, limited until the original is admitted to probate; and
(b) if no copy or draft thereof is produced, probate may be granted of the contents of the will, if they can be sufficiently established, limited as above described, unless the will is a privileged will not in writing.
26 PART II GRANTS OF REPRESENTATION-26. Destroyed will.
Where a will has been destroyed, otherwise than by the act or with the consent of the testator, probate may be granted of a copy or draft thereof, or of the contents thereof, if they can be sufficiently established.
27 PART II GRANTS OF REPRESENTATION-27. Administration with copy annexed of authenticated copy of will proved abroad.
When a will has been proved and deposited in a court of competent jurisdiction situated beyond the limits of Malaysia, and a properly authenticated copy of the will is produced, probate may be granted of the copy, or letters of administration may be granted with a copy of that copy annexed.
28 PART II GRANTS OF REPRESENTATION-28. Administration when limited grant expired and still some part of estate unadministered.
When a limited grant has expired by effluxion of time or the happening of the event or contingency on which it was limited, and there is still some part of the deceased's estate unadministered, letters of administration may be granted to those persons to whom original grants might have been made.
29 PART II GRANTS OF REPRESENTATION-29. Absent persons.
Where a person who would be entitled to representation is absent from Malaysia, the following provisions shall apply:
(a) where an executor appointed by a will is absent from Malaysia, and there is no other executor within Malaysia willing to act, letters of administration with the will annexed may be granted to a duly authorized attorney of the absent executor, limited until he obtains probate for himself, and in the meantime to any purpose to which the attorney's authority is limited;
(b) where any person to whom letters of administration with the will annexed might be granted under section 16 is absent from Malaysia, letters of administration with the will annexed may be granted to his duly authorized attorney, limited as described in paragraph (a) ;
(c) where a person entitled to letters of administration in case of intestacy is absent from Malaysia, and no person equally entit
30 PART II GRANTS OF REPRESENTATION-30. Discretion of Court as to persons to whom administration is to be granted.
In granting administration the Court shall have regard to the rights of all persons interested in the estate of the deceased person or in the proceeds of sale thereof, and, in particular, administration with the will annexed may be granted to a devisee or legatee; and in regard to land settled previously to the death of the deceased, and not by his will, administration may be granted to the trustees of the settlement; and any such administration may be limited in any way the Court thinks fit:
Provided that, where the deceased died wholly intestate as to his estate, administration shall, if application is made for the purpose, be granted to someone or more of the persons interested in the residuary estate of the deceased, unless by reason of the insolvency of the estate or other special circumstances the Court thinks it expedient to grant administration to some other person.
31 PART II GRANTS OF REPRESENTATION-31. Result of grant of administration.
Every person to whom administration of the estate of a deceased person is granted shall, subject to the limitations contained in the grant, have the same rights and liabilities and be accountable in like manner as if he were the executor of the deceased.
32 PART II GRANTS OF REPRESENTATION-32. Continuance of legal proceedings after revocation of temporary administration.
If, while any legal proceedings are pending in any court by or against the administrator to whom a temporary administration has been granted, that administration is revoked, that court may order that the proceedings be continued by or against the new personal representative, in like manner as if the same had been originally commenced against him, but subject to such conditions and variations, if any, as that court directs.
33 PART II GRANTS OF REPRESENTATION-33. Caveat.
Any person having, or claiming to have, any interest may, at any time after the death of a deceased person and before representation has been granted to his estate, enter a general caveat in the prescribed form, so that no representation shall be granted without notice to the caveator; and after entry of any such caveat no representation shall be made until the caveator has been given opportunity to contest the right of any petitioner to representation.
34 PART II GRANTS OF REPRESENTATION-34. Revocation of grant.
Any probate or letters of administration may be revoked or amended for any sufficient cause.
35 PART II GRANTS OF REPRESENTATION-35. Administration bond.
(1) Unless the Court in any particular case otherwise orders-
(a) in the case of administrations, whether with or without will annexed, the person to whom the grant is made or on whose behalf it is sealed shall give security for the due administration of the estate;
(b) no security shall be required where the gross value of the estate does not exceed fifty thousand ringgit.
(2) The security shall ordinarily be by bond in the prescribed form by the grantee and two sureties, in the amount at which the estate within the jurisdiction is sworn, without deduction of any debts due by the deceased, other than debts secured by mortgage or charge; but the Court may for any sufficient reason increase or decrease the number of sureties or dispense with them, and may reduce the amount of the bond, and the Court in exercising its discretion shall consider the standing of the parties, the nature of
36 PART II GRANTS OF REPRESENTATION-36. Bond by creditor who is administrator.
When letters of administration are granted to a creditor, he may be required to enter into a bond to pay the debts of the deceased rateably, without preferring his own debt.
37 PART II GRANTS OF REPRESENTATION-37. Assignment of bond.
The Court may, if it appears that the condition of an administration bond has been broken, order that it be assigned by the Registrar to some named person, who shall thereupon be entitled to sue on the bond under his own name on behalf on all persons interested in the estate in respect of which the bond was executed, as though it had originally been made in his favour.
38 PART II GRANTS OF REPRESENTATION-38. Discharge of administration bond.
Where an administrator who has given a bond under this Act or any written law hereby repealed is in possession of any part of the estate of the testator or intestate and is prevented from fully administering the estate by reason of inability to ascertain or to communicate with the persons beneficially entitled to the residue in his hands, he may exhibit in the Court an account showing how the estate has been administered, and may, after the account has been verified as the Court may direct, with the leave of the Court pay into the Court, or if the Court so directs to a trust corporation, the residue in his hands; and after any such payment the Court shall, unless good cause is shown to the contrary, discharge the administrator and his surety or sureties (if any) from the obligations of the said bond.
39 PART III ADDITIONAL POWERS OF COURT-39. Vesting of property of an intestate.
(1) Where a person dies intestate his movable and immovable property until administration is granted in respect thereof shall vest in the Corporation in the same manner and to the same extent as it vests in the Probate Judge in England.
[Am. Act A912]
(2) On the making of an order for a grant of administration by the Court all such property shall vest in the administrator.
40 PART III ADDITIONAL POWERS OF COURT-40. Power of the Court relating to proving and renunciation.
The Court shall have power to summon any person named as executor in any will to prove or renounce probate of the will and do such other things concerning any will as the High Court in England could do.
41 PART III ADDITIONAL POWERS OF COURT-41. Order to bring in will, etc.
The Court may, on the application of any person interested, if it appears that there is reason to believe that any will or other testamentary document of a deceased person is in the possession or under the control of any person, or that any person has knowledge of the existence of such a will or document, order that the person do, within a time named, produce the will or document at the Registry, or attend at a time named before a Court, for the purpose of being examined in relation to that document.
42 PART III ADDITIONAL POWERS OF COURT-42. Death of payee.
(1) When funds in Court are by an order directed to be paid, transferred or delivered to any person named or described in an order, or in a certificate of the Registrar, except to a person therein expressed to be entitled to those funds as trustee, executor, or administrator, or otherwise than in his own right, or for his own use, the funds, or any portion thereof for the time being remaining unpaid, untransferred or undelivered may, unless the order otherwise directs, on proof of the death of that person, whether on or after or, in the case of payment directed to be made to a creditor as such, before the date of the order, be paid, transferred or delivered to the personal representatives of the deceased person, or to the survivors or survivor of them.
(2) If no administration has been taken out to the estate of the deceased person who has died intestate, and whose assets do not exceed ten thousand ringgit, including the amount of the funds dir
43 PART III ADDITIONAL POWERS OF COURT-43. Executor's or administrator's commission.
(1) The Court may in its own discretion allow the executors or administrators a commission not exceeding five per centum on the value of the assets collected by them, but in the allowance or disallowance of the commission the Court shall be guided by its approval or otherwise of their conduct in the administration of the estate.
(2) The Registrar may in the course of the taking of the administration accounts of executors or administrators exercise the powers conferred on the Court by subsection (1).
44 PART III ADDITIONAL POWERS OF COURT-44. Funeral and testamentary expenses allowed.
(1) The Court shall allow the executors or administrators the reasonable testamentary and other expenses incurred by them, and also proper funeral expenses and all reasonable expenses of subsequent religious ceremonies suitable to the station in life of the deceased.
(2) The Registrar may in the course of the taking of the administration accounts of executors or administrators exercise the powers conferred on the Court by subsection (1).
45 PART III ADDITIONAL POWERS OF COURT-45. Receiver pending grant.
Where any person dies leaving property within Malaysia, the Court may, if it appears on the application by motion of the Corporation or of any person claiming to be interested in the property, or having the custody or control thereof at the time of the death of the deceased, or being at that time an attorney or employee of the deceased, that there is danger that the property may be wasted, appoint the Corporation, or such other person as the Court thinks fit, to be a receiver of the property pending a grant of probate or letters of administration.
[Am. Act A912]
46 PART III ADDITIONAL POWERS OF COURT-46. [Deleted]. .
[Del. by Act A912]
47 PART III ADDITIONAL POWERS OF COURT-47. Application of rules relating to receivers.
A receiver appointed under section 45 shall be subject to all rules of court relating to receivers generally:
Provided that no trust corporation shall be required to furnish security.
48 PART III ADDITIONAL POWERS OF COURT-48. Offence in relation to property of which receiver appointed.
Any person who, without lawful authority, removes or attempts to remove from any place any portion of the property of which a receiver has been appointed under section 45, or destroys, conceals or refuses to yield up the same to the Corporation or the receiver, as the case may be, shall be guilty of an offence and shall, on conviction, be liable to a fine not exceeding two thousand ringgit or to imprisonment for a term not exceeding six months or to both.
[Am. Act A912]
49 PART III ADDITIONAL POWERS OF COURT-49. No suit against receiver.
No suit shall be brought against the Corporation or receiver appointed under section 45 in relation to anything done or intended to be done by him in respect of the property of the deceased in exercise or intended exercise of the powers vested in him; but any person aggrieved by anything so done or intended to be done, may apply to the Court for directions in the matter, and the Court may make such order in the premises as is just.
[Am. Act A912]
50 PART III ADDITIONAL POWERS OF COURT-50. Receiver's lien.
A receiver appointed under section 45 shall have a lien upon the property entrusted to him for all costs and expenses properly incurred by him in the exercise of his duties as such receiver, and for such remuneration as the Court may allow.
51 PART IV RE-SEALING OF PROBATES AND LETTERS OF ADMINISTRATION GRANTED OUT OF MALAYSIA-51. Interpretation.
In this Part-
"British Court in a foreign country" means any British Court having jurisdiction out of the Commonwealth in pursuance of an Order of Her Britannic Majesty in Council, whether made under any Act of the Parliament of the United Kingdom or otherwise;
"the Commonwealth" shall, for the purposes of this Part, be deemed to include in addition any country which the Yang di-Pertuan Agong may by notification published in the Gazette direct to be included among the countries to which this Part applies;
"Court of Probate" means any court or authority by whatever name designated, having jurisdiction in matters of probate;
"probate" and "letters of administration" include confirmation in Scotland and any instrument having, in any part of the Commonwealt 52 PART IV RE-SEALING OF PROBATES AND LETTERS OF ADMINISTRATION GRANTED OUT OF MALAYSIA-52. Powers of Court to re-seal.
Where a Court of Probate in any part of the Commonwealth has, either before or after the passing of this Act, granted probate or letters of administration in respect of the estate of a deceased person, the probate or letters of administration so granted, or a certified copy thereof, sealed with the seal of the court granting the same, may, on being produced to and a copy thereof deposited in the High Court, be sealed with the seal of the High Court, and thereupon shall be of the like force and effect, and have the same operation in Malaysia, as if it were a grant made by the High Court:
Provided that-
(a) if it appears that the deceased was not, at the time of his death, domiciled within the jurisdiction of the court from which the grant issued, the seal shall not be affixed unless the grant is such as the High Court would have made; and
(b) before the probate or letters of administration is sealed
53 PART IV RE-SEALING OF PROBATES AND LETTERS OF ADMINISTRATION GRANTED OUT OF MALAYSIA-53. Application to British Courts in foreign countries.
Any probate or letters of administration granted by a British Court in a foreign country may be sealed in Malaysia in the manner provided in section 52, and this Part shall apply accordingly with the necessary modifications.
54 PART IV RE-SEALING OF PROBATES AND LETTERS OF ADMINISTRATION GRANTED OUT OF MALAYSIA-54. Provisions of Estate Duty.
* (1) The provisions of the Estate Duty Enactment 1941, of the Federated Malay States as extended to apply throughout West Malaysia by the Estate Duty (Transitional Provisions) No. 2) Ordinance 1946, including the penal provisions thereof, shall apply as if the person who applies for sealing under this Part were an executor within the meaning of that Enactment, and section 45 of that Enactment shall apply mutatis mutandis to the re-sealing of grants under this Part.
(2) In the application of subsection (1) to Sabah and Sarawak references to the Estate Duty Enactment 1941, of the Federated Malay States, and provisions thereof shall be construed as references to the corresponding written laws and provisions of those laws in force in Sabah and Sarawak.
*[The Estate Duty Enactment 1941 has been repealed by s. 46 of the Finance Act 1992 (Act 476) with effect from 1 November 1991. However, the repeal shall n
55 PART IV RE-SEALING OF PROBATES AND LETTERS OF ADMINISTRATION GRANTED OUT OF MALAYSIA-55. Security on re-sealing letters of administration.
Before the sealing of letters of administration under this Part, the administrator or his attorney shall give security by a bond in the prescribed form for the due administration of the estate; and that security shall be subject to section 35 relating to security to be given in the case of a grant of letters of administration.
56 PART IV RE-SEALING OF PROBATES AND LETTERS OF ADMINISTRATION GRANTED OUT OF MALAYSIA-56. Security for creditors in Malaysia.
(1) Where the deceased has carried on business or resided in Malaysia within twelve months of his death, the Court may, on the application of a creditor of the deceased or otherwise, before a grant of probate or letters of administration is re-sealed require adequate security to be given for the payment of debts due to creditors residing in Malaysia.
(2) Any such creditor may give notice in writing to the Registrar, requiring that he be notified of any application for the sealing of a grant of probate under this Part; and no such grant shall be sealed before the expiration of seven days after service on the creditor of a notice in writing of an application for sealing.
57 PART IV RE-SEALING OF PROBATES AND LETTERS OF ADMINISTRATION GRANTED OUT OF MALAYSIA-57. Notice of sealing.
Notice of the sealing of a grant under this Part shall be sent forthwith by the Registrar to the court from which the grant is issued.
58 PART IV RE-SEALING OF PROBATES AND LETTERS OF ADMINISTRATION GRANTED OUT OF MALAYSIA-58. Notice of revocation.
When notice has been received by the Court of the re-sealing of a grant issued in Malaysia, notice of any revocation or alteration of any such grant shall be sent forthwith by the Registrar to the court so re-sealing the grant.
59 PART V POWERS, RIGHTS, DUTIES AND OBLIGATIONS OF REPRESENTATIVES-59. Rights of action of personal representative.
Subject to any other written law, a personal representative has the same powers to sue in respect of all causes of action that survive the deceased, and may exercise the same power for the recovery of debts due to him at the time of his death as the deceased had when living.
60 PART V POWERS, RIGHTS, DUTIES AND OBLIGATIONS OF REPRESENTATIVES-60. Power of personal representative to dispose of property.
(1) In dealing with the property of the deceased his personal representative shall comply with this section.
(2) Unless the Court otherwise directs, no sale, transfer, conveyance or assent in respect of immovable property shall be made without the concurrence of all the personal representatives of the deceased; and subject as aforesaid, where there are several personal representatives the powers of all may, in the absence of any direction to the contrary in the will or grant of administration, be exercised by any one of them.
(3) A personal representative may charge, mortgage or otherwise dispose of all or any property vested in him, as he may think proper, subject to any restriction which may be imposed in this behalf by the will of the deceased, and subject to this section:
Provided that an executor may dispose of any property notwithstanding any restriction so imposed, if he does so in accordance with an order of the Court.
61 PART V POWERS, RIGHTS, DUTIES AND OBLIGATIONS OF REPRESENTATIVES-61. Purchase by personal representative of deceased's property.
If a personal representative purchases, either directly or indirectly, any part of the property of the deceased, the sale is voidable at the instance of any other person interested in the property sold.
62 PART V POWERS, RIGHTS, DUTIES AND OBLIGATIONS OF REPRESENTATIVES-62. Duty of personal representative as to inventory.
The personal representative of a deceased person shall, when lawfully required so to do, exhibit, by affidavit filed in the Court, a true and perfect inventory and account of the movable and immovable property of the deceased, and the Court shall have power as heretofore to require personal representatives to bring in inventories.
63 PART V POWERS, RIGHTS, DUTIES AND OBLIGATIONS OF REPRESENTATIVES-63. Transfer of assets to personal representative in country of domicile of deceased for distribution.
Where-
(a) a person not having his domicile in Malaysia has died leaving assets both in Malaysia and in the country in which he had his domicile at the time of his death; and
(b) there has been a grant of representation in Malaysia with respect to the assets there and a grant of representation in the country of domicile with respect to assets in that country,
the personal representative in Malaysia, after having given due notice and after having discharged at the expiration of the time stated in the notice all lawful claims of which he has had notice, may, instead of himself distributing any surplus or residue of the deceased's property to persons residing out of Malaysia who are entitled thereto, transfer, with the consent of the personal representative in the country of domicile, the surplus or residue to him for distribution to those persons.
64 PART V POWERS, RIGHTS, DUTIES AND OBLIGATIONS OF REPRESENTATIVES-64. Protection of persons acting on probate or administration.
(1) Every person making or permitting to be made any payment or disposition in good faith under probate or letters of administration shall be indemnified and protected in so doing, notwithstanding any defect or circumstances whatsoever affecting the validity of the probate and letters of administration.
(2) Where a grant of representation is revoked, all payments and dispositions made in good faith to a personal representative under the grant before the revocation thereof are a valid discharge to the person making the same; and the personal representative who acted under the revoked representation may retain and reimburse himself in respect of any payments or dispositions made by him which the person to whom representation is afterwards granted might have properly made.
(3) All transfers and conveyances of any interest in movable and immovable property made to a purchaser either before or after the commencement of this Act by a person t
65 PART V POWERS, RIGHTS, DUTIES AND OBLIGATIONS OF REPRESENTATIVES-65. Liability of a person fraudulently obtaining or retaining estate of deceased.
If any person, to the defrauding of creditors or without full valuable consideration, obtains, receives or holds any movable or immovable property of a deceased person or effects the release of any debt or liability due to the estate of the deceased, he shall be charged as executor in his own wrong to the extent of the property received or coming into his hands, or the debt or liability released, after deducting-
(a) any debt for valuable consideration and without fraud due to him from the deceased person at the time of his death; and
(b) any payment made by him which might properly be made by a personal representative.
66 PART V POWERS, RIGHTS, DUTIES AND OBLIGATIONS OF REPRESENTATIVES-66. Liability of estate of personal representative.
Where a person as personal representative of a deceased person (including the executor in his own wrong) wastes or converts to his own use any part of the movable or immovable property of the deceased, and dies, his personal representative shall, to the extent of the available assets of the defaulter, be liable and chargeable in respect of the waste or conversion, in the same manner as the defaulter would have been if living.
67 PART VI ADMINISTRATION OF ASSETS-67. Property of deceased is asset for payment of debts.
(1) (a) The property of a deceased person, to the extent of his beneficial interest therein, and the property of which a deceased person in pursuance of any general power disposes by his will, are assets for payment of his debts and liabilities, and any disposition by will inconsistent with this Act is void as against the creditors; and the Court shall, if necessary, administer the property for the purpose of the payment of debts and liabilities.
(b) This subsection takes effect without prejudice to the rights of incumbrancers.
(2) If any person to whom any such beneficial interest devolves or is given, or in whom any such interest vests, disposes thereof in good faith before an action is brought or process issued out against him, he shall be personally liable for the value of the interest so disposed of by him, but that interest shall not be liable to be taken in execution in the action or u
68 PART VI ADMINISTRATION OF ASSETS-68. Duties of representative.
(1) On the death of a person intestate as to any property, the property shall be held by his personal representatives-
(a) as to the immovable property upon trust, subject to section 60, to sell the same; and
(b) as to the movable property upon trust to call in, sell and convert into money such part thereof as may not consist of money,
with power to postpone the sale and conversion for such a period as the personal representatives, without being liable to account, may think proper, and so that any reversionary interest be not sold until it falls into possession, unless the personal representatives see special reason for sale.
(2) Out of the net money to arise from the sale and conversion of the said movable and immovable property (after payment of costs), and out of the ready money of the deceased (so far as not disposed of by his will, if any), the personal representatives sh
69 PART VI ADMINISTRATION OF ASSETS-69. Administration of assets.
(1) Where the estate of a deceased person is insolvent his estate shall be administered in accordance with the rules set out in Part I of the First Schedule.
(2) The right of retainer of a personal representative and his right to prefer creditors may be exercised in respect of all assets of the deceased, but the right of retainer shall only apply to debts owing to the personal representative in his own right whether solely or jointly with another person; and subject as aforesaid, nothing in this Act affects the right of retainer of a personal representative, or his right to prefer creditors.
(3) Where the estate of a deceased person is solvent his estate shall, subject to rules of court and the provisions hereinafter contained as to charges on property of the deceased, and to the provisions, if any, contained in his will, be applicable towards the discharge of the funeral, testamentary and administration expenses, debts and liabilities
70 PART VI ADMINISTRATION OF ASSETS-70. Charges on property of deceased to be paid primarily out of the property charged.
(1) Where a person dies possessed of, or entitled to, or, under a general power of appointment, by his will disposes of, an interest in property which at the time of his death is charged with the payment of money, whether by way of legal mortgage, equitable charge or otherwise (including lien for unpaid purchase money), and the deceased has not by will, deed or other document signified a contrary or other intention, the interest so charged shall, as between the different persons claiming through the deceased, be primarily liable for the payment of the charge; and every part of the said interest, according to its value, shall bear a proportionate part of the charge on the whole thereof.
(2) No contrary or other intention shall be deemed to be signified-
(a) by general direction for the payment of debts or of the debts of the testator out of his movable property or of his residuary estate; or
(b) by
71 PART VI ADMINISTRATION OF ASSETS-71. Contracts by personal representatives.
(1) Subject to section 60 every contract entered into by a personal representative in exercise of his powers of administering an estate shall be binding on and be enforceable against and by the personal representative for the time being of the deceased, and may be carried into effect or be varied or rescinded by him, and, in the case of a contract entered into by a predecessor, as if it had been entered into by himself.
(2) Nothing in this section shall affect the right or any person to require an assent, transfer or conveyance to be made.
(3) This section applies whether the testator or intestate died before or after the commencement of this Act.
72 PART VI ADMINISTRATION OF ASSETS-72. Assent or conveyance by personal representative.
(1) A personal representative may assent to the vesting in any person who (whether by devise, bequest, devolution, appropriation or otherwise) may be entitled thereto, either beneficially or as trustee or personal representative, of any immovable property to which the testator or intestate was entitled or over which he exercised a general power of appointment by his will, and which devolved upon the personal representative.
(2) No such assent shall be valid unless sanctioned by an order of Court and made by a transfer in the form required by any written law relating to the registration of title to land.
(3) (Repealed) .
73 PART VI ADMINISTRATION OF ASSETS-73. Right to follow property and powers of the Court in relation thereto.
(1) An assent, transfer or conveyance by a personal representative to a person other than a purchaser does not prejudice the rights of any person to follow the property to which the assent, transfer or conveyance relates, or any property representing the same, into the hands of the person in whom it is vested by the assent, transfer or conveyance, nor of any other person (not being a purchaser) who may have received the same or in whom it may be vested.
(2) Notwithstanding any such assent, transfer or conveyance the Court may, on the application of any creditor or other person interested-
(a) order a sale, exchange, mortgage, charge, lease, payment, transfer or other transaction to be carried out which the Court considers requisite for the purpose of giving effect to the rights of the persons interested;
(b) declare that the person, not being a purchaser, in whom the property is vested is a trustee
74 PART VI ADMINISTRATION OF ASSETS-74. Powers of personal representative as to appropriation.
(1) The personal representative may appropriate any part of the movable or immovable property, including things in action, of the deceased in the actual condition or state of investment thereof at the time of appropriation in or towards satisfaction of any legacy bequeathed by the deceased, or of any other interest or share in his property, whether settled or not, as to the personal representative may seem just and reasonable, according to the respective rights of the persons interested in the property of the deceased:
Provided that-
(a) an appropriation shall not be made under this section so as to affect prejudicially any specific devise or bequest;
(b) an appropriation of property, whether or not being an investment authorized by law or by the will, if any, of the deceased for the investment of money subject to the trust, shall not (save as hereinafter mentioned) be made under this section excep
75 PART VI ADMINISTRATION OF ASSETS-75. Power to appoint trustees of minor's property.
(1) Where a minor is absolutely entitled under the will or on the intestacy of a person dying before or after the commencement of this Act (in this subsection called "the deceased") to a devise or legacy, or to the residue of the estate of the deceased, or any share therein, and the devise, legacy, residue or share is not under the will, if any, of the deceased, devised or bequeathed to trustees for the minor, the personal representatives of the deceased may appoint a trust corporation or two or more individuals not exceeding four (whether or not including the personal representatives or one or more of the personal representatives), to be the trustee or trustees of the devise, legacy, residue or share for the minor, and may, subject to section 60, execute or do any assurance or thing requisite for vesting the devise, legacy, residue or share in the trustee or trustees so appointed; and on such an appointment the personal representatives, as such, shall
76 PART VI ADMINISTRATION OF ASSETS-76. Obligations of personal representative as to giving possession of land and powers of the Court.
(1) A personal representative, before giving an assent or making a conveyance in favour of any person entitled, may permit that person to take possession of the land, and the possession shall not prejudicially affect the right of the personal representative to take or resume possession, nor his power to convey the land as if he were in possession thereof, but subject to the interest of any lessee, tenant or occupier in possession or in actual occupation of the land.
(2) Any person who, as against the personal representative, claims possession of immovable property, or the appointment of a receiver thereof, or a transfer or conveyance thereof, or an assent to the vesting thereof, or to be registered as proprietor thereof, may apply to the Court for directions with reference thereto, and the Court may make such vesting or other order as may be deemed proper, and the provisions of the Trustees Act 1949, relating to vesting orders and to the appoin
77 PART VI ADMINISTRATION OF ASSETS-77. Power to postpone distribution.
Subject to the foregoing provisions, a personal representative is not bound to distribute the estate of the deceased before the expiration of one year from the death.
77A PART VII POWERS OF REGISTRAR, DEPUTY REGISTRARS, SENIOR ASSISTANT REGISTRARS AND ASSISTANT REGISTRARS-77A. Powers of Registrar.
(1) The Registrar, Deputy Registrars, Senior Assistant Registrars and Assistant Registrars of the High Court, other than Assistant Registrars constituted as such under subsection (2), shall have jurisdiction to seal any grant of probate or letters of administration granted by any court or authority in the Commonwealth outside Malaysia by whatever name designated, having jurisdiction in matters of probate and to hear and determine applications for, and to grant, probate or letters of administration-
(a) in all cases which are uncontested; and
(b) in all contested cases where it appears that the gross value of the estate of the deceased does not exceed twenty-five thousand ringgit.
(2) All First Class Magistrates, other than ex officio Magistrates, shall be Assistant Registrars of the High Court for the purpose of hearing and determining applications for probate or letters of a
78 PART VII POWERS OF REGISTRAR, DEPUTY REGISTRARS, SENIOR ASSISTANT REGISTRARS AND ASSISTANT REGISTRARS-78. (Deleted) .
[Deleted by Act A912]
79 PART VII POWERS OF REGISTRAR, DEPUTY REGISTRARS, SENIOR ASSISTANT REGISTRARS AND ASSISTANT REGISTRARS-79. (Deleted) .
[Deleted by Act A912]
80 PART VII POWERS OF REGISTRAR, DEPUTY REGISTRARS, SENIOR ASSISTANT REGISTRARS AND ASSISTANT REGISTRARS-80. (Deleted) .
[Deleted by Act A912]
81 PART VIII APPOINTMENT, POWERS AND DUTIES OF OFFICIAL ADMINISTRATOR-81. Grant of letters of administration to the Corporation in cases of delay.
In the following cases, namely-
(a) where, after the expiration of six months from the death of a deceased person, no application has been made for probate or letters of administration to his estate;
(b) where any such application, though made within the said six months, has not within that period been proceeded with, or has been withdrawn or refused;
(c) where a receiver may be appointed under section 45, but it appears that the appointment would not be a sufficient protection for the estate; or
(d) where, after the death of a last surviving executor or administrator of a deceased person's estate, six months have elapsed and no application for the representation of the estate has been made,
letters of administration with or without the will annexed may be granted to the Corporation, or to such other person as the Court thinks fit:
Provided th
82 PART VIII APPOINTMENT, POWERS AND DUTIES OF OFFICIAL ADMINISTRATOR-82. [Deleted by Act A912] .
[Deleted by Act A912]
83 PART VIII APPOINTMENT, POWERS AND DUTIES OF OFFICIAL ADMINISTRATOR-83. [Deleted by Act A912] .
[Deleted by Act A912]
84 PART VIII APPOINTMENT, POWERS AND DUTIES OF OFFICIAL ADMINISTRATOR-84. [Deleted by Act A912] .
[Deleted by Act A912]
85 PART VIII APPOINTMENT, POWERS AND DUTIES OF OFFICIAL ADMINISTRATOR-85. [Deleted by Act A912] .
[Deleted by Act A912]
86 PART VIII APPOINTMENT, POWERS AND DUTIES OF OFFICIAL ADMINISTRATOR-86. Undistributed funds may be passed to the Corporation.
(1) Where upon the conclusion of the administration of the estate of a person dying testate or intestate, there remain in the hands of any personal representative funds of which he is unable to dispose immediately by distribution in accordance with law by reason of the inability of the person entitled to give a discharge, through lack of legal capacity or otherwise, or by reason of any other cause which to the Corporation shall appear sufficient, the personal representative may, if the Corporation consents to accept the same, pay the funds to the Corporation which shall not be required to make any inquiry whether the administration has been conducted in accordance with law, but may accept the same for the benefit of that person and may for the purpose exercise all the powers conferred on the Corporation under section 19 of the Public Trust Corporation Act 1995.
[Subs. Act A912]
(2) The receipt of the Corporation m
87 PART VIII APPOINTMENT, POWERS AND DUTIES OF OFFICIAL ADMINISTRATOR-87. (Deleted) .
[Deleted by Act A912]
88 PART VIII APPOINTMENT, POWERS AND DUTIES OF OFFICIAL ADMINISTRATOR-88. (Deleted) .
[Deleted by Act A912]
89 PART VIII APPOINTMENT, POWERS AND DUTIES OF OFFICIAL ADMINISTRATOR-89. (Deleted) .
[Deleted by Act A912]
90 PART VIII APPOINTMENT, POWERS AND DUTIES OF OFFICIAL ADMINISTRATOR-90. Saving and transitional.
(1) Nothing in this Act shall affect the validity of proceedings instituted under the laws repealed by this Act but the same shall be carried on in accordance with this Act and any such proceeding may be amended as may appear to be necessary or proper to bring it into conformity with this Act.
(2) [Deleted by Act A912]
Elevate your legal practice with advanced AI-driven research and drafting solutions. Experience unmatched efficiency, precision, and security, tailored exclusively for legal professionals.
An indispensable Tool for Legal Professionals, Endorsed by Various High Court and Judicial Officers
Please visit our Training & Support
Center or Contact Us for assistance
Scan Me!
India’s Legal research and Law Firm App, Download now!
For Daily Legal Updates, Join us on :
Back to top
AI Assistant
