1 PART I PRELIMINARY-1. Short title and commencement.

(1) This Act may be cited as the Small Estates (Distribution) Act 1955 , and shall come into force in relation to any State on such date as the Minister may, by notification in the Gazette , appoint and the Minister 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 modification thereto as he deems necessary in relation to its application to the estates of deceased persons who at the time of their death were natives of Sarawak.

(2A) This Act shall come into force in the Federal Territory of Labuan on such date as the Minister may by order specify, and such order may provide for such modifications to this Act in its application in the Federal Territory of Labuan as the Minister may deem necessary, and also for the consequential repeal or amendment of any other written law in so far as it applies in the Federal Territory of La

2 PART I PRELIMINARY-2. Interpretation.

In this Act, unless the context otherwise requires-

  "Land Administrator"  means-

[Am. by Act A1331/2008]

(a) in relation to Sarawak, the District Officer appointed for a district and includes any Assistant District Officer or Sarawak Administrative Officer appointed for the district or part thereof;

(b) in relation to Sabah, the Collector of Land Revenue appointed for a district and includes any Assistant Collector of Land Revenue appointed for the district or part thereof; and

(c) in relation to the States in Peninsular Malaysia, the Estate Distribution Officer appointed for a district and includes any Assistant District Estate Distribution Officer appointed for the district or part thereof;

  "Majlis"  , in relation to a State, means the Majlis Ag

2A PART IA PRESIDENT OF ESTATE DISTRIBUTION, DEPUTY PRESIDENT OF ESTATE DISTRIBUTION AND ESTATE DISTRIBUTION OFFICER-2A. Appointment and powers of President of Estate Distribution.

(1) The Minister shall appoint from among the Estate Distribution Officers appointed under section 2C a President of Estate Distribution.

(2) The President shall have all such power as may be necessary for or in connection with the exercise of his powers under this Act or which are reasonably incidental to such exercise.

(3) Without prejudice to the generality of subsection (2), the powers of the President shall include the power to determine the territorial jurisdiction of any Estate Distribution Officer to deal with the distribution and administration of any estate falls within the Act and to have direct control and supervision over all the Estate Distribution Officers appointed under this Act.

[2A. Ins. by Act A1643/2022]

2B PART IA PRESIDENT OF ESTATE DISTRIBUTION, DEPUTY PRESIDENT OF ESTATE DISTRIBUTION AND ESTATE DISTRIBUTION OFFICER-2B. Appointment of Deputy President of Estate Distribution.

(1) The Minister may appoint such number of Deputy Presidents of Estate Distribution from among the officers appointed under section 2c to assist the President in the exercise of his powers under this Act.

(2) If for any reason the President is unable to exercise his powers, the Minister may appoint one of the Deputy Presidents to exercise the powers of the President.

[2B. Ins. by Act A1643/2022]

2C PART IA PRESIDENT OF ESTATE DISTRIBUTION, DEPUTY PRESIDENT OF ESTATE DISTRIBUTION AND ESTATE DISTRIBUTION OFFICER-2C. Appointment of Estate Distribution Officer.

The Minister may appoint from among the public officers such number of Estate Distribution Officers as may be necessary for the purpose of carrying into effect the provisions of this Act.

[2C. Ins. by Act A1643/2022]

3 PART II ADMINISTRATION OF SMALL ESTATES-3. Application of Part and definition of small estate.

(1) This Part shall have effect throughout Malaysia.

(2) For the purposes of this Act a small estate means an estate of a deceased person consisting of any property situated in any State and not exceeding five million in total value.

[(2) Am. by Act A1643/2022; Act A1331/2008]

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Federal Territory of Labuan (Modification of the Small Estate (Distribution) Act 1955) Order 2011 - P.U.(A) 20/2011 cif. 01-02- 2011

(2) For the purposes of this Act a small estate means an estate of a deceased person consisting wholly or partly of immovable property situated in Federal Territory of Labuan and not exceeding two million ringgit in total value.

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ANNOTATION

Refer to Tijah Bte Hassin lwn. Pentadbir Tanah Daerah Alor Gajah & Lagi [1994] 2 MLRH 544

4 PART II ADMINISTRATION OF SMALL ESTATES-4. Jurisdiction in respect of small estates.

(1) Save as in this Act otherwise provided no interest in any small estate shall devolve on or vest in any person by virtue of any instrument other than an order or grant made under this Act.

(2) The Estate Distribution Officer of the State where a petition has been lodged or in the case of more than one petition has been lodged, the Estate Distribution Officer of the State where the first petition has been lodged, shall have exclusive jurisdiction to deal with the distribution and administration of the whole estate wherever situated:

[(2) Am. by Act A1643/2022; Act A1331/2008]

Provided that the where the property is situated partly in one State and partly in another, the President may upon application duly made in that behalf, order that any petition under this Act shall be heard and determined by the Estate Distribution Officer of any other State, whenever it is made to appear that such an order will ten

5 PART II ADMINISTRATION OF SMALL ESTATES-5. High Court to grant probate of testamentary dispositions relating to small estates.

(1) Subject to this section, nothing in this Act shall affect the exclusive jurisdiction of the High Court to grant probate of any will or testamentary disposition or letters of administration in any case in which the deceased has left a valid will or other valid testamentary disposition in respect of a small estate or part thereof and the grant when made shall have effect in all respects as if the estate had not been a small estate.

(2) If upon the hearing of any petition for probate or for letters of administration with a will or copy of a will annexed, probate or letters of administration with the will or a copy of a will annexed are not granted the Court may if satisfied that all the necessary parties are before the Court-

(a) grant letters of administration to any person to whom letters would have been granted on an intestacy if the estate had not been a small estate;

(b) direct that a petitio

6 PART II ADMINISTRATION OF SMALL ESTATES-6. High Court to have power to reseal a grant of representation affecting a small estate.

Nothing in this Act shall affect the exclusive jurisdiction of the High Court to reseal any grant of representation made outside Malaysia in respect of the estate of a deceased person and where any grant has been resealed affecting a small estate, the grant shall have effect as if the estate had not been a small estate.

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ANNOTATION

Refer to Issar Singh, Son Of Bhola Singh & Anor v. Samund Singh, Son Of Mayiah [1940] 1 MLRH 456 and the discussion thereof on the ambit of this Act where Howes J delivered an oral judgment:

In this case I think the wording of s. 158 of the Probate and Administration Enactment is clear. In cases where Letters of Administration, which have been granted in the United Kingdom or any other part of the British Dominions, are brought to this Court for resealing, an Admin

7 PART II ADMINISTRATION OF SMALL ESTATES-7. Power of the Registrar to transfer petitions relating to an intestate small estate to a Estate Distribution Officer.

(1) If the Registrar is satisfied that any intestate estate in respect of which a petition for letters of administration has been filed in the High Court is a small estate he shall transfer such petition to the Estate Distribution Officer having jurisdiction to order distribution of that estate under section 4 and the Estate Distribution Officer may at his discretion either treat the petition as if it were a petition for distribution of the estate under section 8 or if the case so requires direct that a fresh petition under that section shall be lodged.

[Am. by Act A1331/2008]

(2) If at any stage of any proceedings in the High Court relating to the estate of a deceased person it appears-

(a) that the deceased was a member of a tribe within the meaning of Part III or that any part of the estate was property affected by a tribal custom within the scope of Part III; or

(b)

8 PART II ADMINISTRATION OF SMALL ESTATES-8. Petition for distribution.

(1) Where any person has died intestate leaving a small estate, any person claiming to be interested in the estate as a beneficiary, or a creditor, or a purchaser, or in the circumstances mentioned in subsection 18(1) the Corporation, or Majlis, or guardian, or next friend*, may lodge with the Estate Distribution Officer at any State wherever the property comprised in the estate is situated a petition, in the prescribed form, for the distribution of the estate.

[(1) Am. by Act A1643/2022; A1331/2008]

(2) The petitioner shall deliver to the Estate Distribution Officer all issue documents of title or other documents evidencing title to property relating to the estate in his possession or power or other supporting documents evidencing the statements claimed in the petition.

[Am. by Act A1643/2022; A1331/2008]

(3) The Estate Distribution Officer shall thereupon give notice to the

8A PART II ADMINISTRATION OF SMALL ESTATES-8A. When any movable property is administered by the Corporation.

Where a petition for distribution is lodged with a Estate Distribution Officer and that any movable property comprised in the estate had been administered or is being administered by the Corporation, the Estate Distribution Officer shall notify the Corporation or petitioner of such case and it shall be the duty of the Corporation or petitioner to deliver to the Estate Distribution Officer any document relating to the property for the purpose of determining whether the estate is or is not a small estate.

[Am. by Act A1643/2022; Ins. by Act A1331/2008]

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Federal Territory of Labuan (Modification of the Small Estate (Distribution) Act 1955) Order 2011 - P.U.(A) 20/2011 cif. 01-02- 2011

Where a petition for distribution is lodged with the Registrar of Titles and that any movable property comprised in the estate had been administered or is being administered by the Corporation, the Cor

8B PART II ADMINISTRATION OF SMALL ESTATES-8B. Summary distribution.

(1) Where a petition for distribution is lodged or any subsequent application is filed under this Act, the petitioner or applicant may apply to the Estate Distribution Officer for a summary distribution order if the petition or application falls under the following cases:

(a) in the case of the petition, it consists only of movable property and does not exceed six hundred thousand ringgit in total value; or

(b) in the case of any subsequent application:

(i) it consists only of movable property which has not been declared in the petition and does not exceed six hundred thousand ringgit in total value; or

(ii) it is filed for the purpose of removing a trustee when a minor has attained age of majority.

(2) The application for an order under subsection (1) may be made as may be prescribed.

(3) Where the Estate Distribution Officer makes a

8C PART II ADMINISTRATION OF SMALL ESTATES-8C. Letters of administration pendente lite.

Pending any distribution order, letters of administration may be granted to a petitioner or any beneficiary as the Estate Distribution Officer 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 Estate Distribution Officer as the Estate Distribution Officer deems fit, and subject to that limitation the administrator so appointed shall have all the rights and powers of a general administrator.

[8C. Ins. by Act A1643/2022]

9 PART II ADMINISTRATION OF SMALL ESTATES-9. Service of notice of petition for distribution.

(1) Subject to section 8 the Estate Distribution Officer having jurisdiction in respect of the small estate shall, as soon as possible after the lodging of the petition for distribution thereof, cause notice of the petition and of the date and place of hearing to be served on the petitioner in the prescribed manner and upon receiving such notice, the petitioner shall serve a copy of the notice on all persons who are named and addressed in the petition as beneficiaries of or claimants to the estate or any interest in the estate:

[(1) Am. by Act A1643/2022]

Provided that no proceedings under this Act shall be invalid on account of any omission or failure to serve any such notice upon any person unless the omission or failure has in the opinion of the High Court occasioned any substantial injustice.

(2) [Deleted by Act A1643/2022] .

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Federal Territory of Labuan (Modification of th

10 PART II ADMINISTRATION OF SMALL ESTATES-10. Appointment of representatives of minors or persons of unsound mind or patient.

[Shoulder note Am. by Act A1643/2022]

(1) Where any person, who is named in the petition as a beneficiary of or claimant to the estate or any interest therein or who appears to the Estate Distribution Officer to be interested in the distribution of the estate, is or appears to the Estate Distribution Officer to be a minor or a person of unsound mind or a patient the Estate Distribution Officer may, by an order in writing, appoint some suitable and proper person to be the guardian of the minor or person of unsound mind or the next friend of the patient for the purposes of all proceedings for the distribution of the estate under this Act and all such proceedings shall be as effective and binding upon all persons concerned as if that person had not been a minor or person of unsound mind or a patient.

[(1) Am. by Act A1643/2022]

(2) For the purposes of subsection (1):

11 PART II ADMINISTRATION OF SMALL ESTATES-11. Place of hearing of petition for distribution.

(1) Every petition for distribution shall be heard in such place as the Estate Distribution Officer having regard to the convenience of the parties and witnesses generally may appoint.

[(1) Am. by Act A1643/2022]

(2) Every place in which a petition for distribution is heard shall during the hearing be deemed an open and public place to which the public shall have access.

(2A) Notwithstanding subsection (2), the Estate Distribution Officer shall have power to restrict public access to the hearing of any petition or any part of the petition if he is satisfied that it is expedient in the interests of public safety, public security or propriety, or for other sufficient reason to do so.

[(2A) Ins. by Act A1643/2022]

(3) Without prejudice to the extent of his powers under subsection (1), where the question, or one of the questions, at issue in any hearing of a petition for

11A PART II ADMINISTRATION OF SMALL ESTATES-11A. Estate Distribution Officer's power to summon and examine witnesses, administer oaths or affirmations, and compel production and delivery of documents.

[Shoulder note Am. by Act A1643/2022]

(1) The Estate Distribution Officer shall, in relation to the hearing of a petition for distribution, have all the powers of a Magistrates' Court in the exercise of its civil jurisdiction for the summoning and examination of witnesses (including any person on whom a notice of the petition is required to be served under section (9), for the administration of oaths or affirmations and for compelling the production and delivery to him of all documents, including issue documents of title and other documents evidencing title.

[(1) Am. by Act A1643/2022]

(2) Every person required to appear before, or to produce or deliver any document to, the Estate Distribution Officer under subsection (1) shall be legally bound to do so within the meaning of sections 174 and 175 of the Penal Code [Act 574] .

[(2) Am. by Act A1643/202

12 PART II ADMINISTRATION OF SMALL ESTATES-12. Procedure on hearing and the duties of Estate Distribution Officer thereon.

(1) The Estate Distribution Officer shall record in writing the evidence of all witnesses in attendance, and allow cross-examination of any such witnesses by any person present who claims to be interested in the estate or who has been appointed a guardian or next friend of any such person under section 10. All such evidence shall be given on oath or affirmation.

[(1) Am. by Act A1643/2022]

(2) The Estate Distribution Officer may, in his discretion, examine as a witness any person who appears to him to be capable of giving relevant evidence and shall allow him to be cross-examined by any person present who claims to be interested in the estate or who has been appointed a guardian or next friend of any such person under section 10.

[(2) Am. by Act A1643/2022]

(3) The Estate Distribution Officer may require the attendance of any person whom he believes to be able to give any mat

13 PART II ADMINISTRATION OF SMALL ESTATES-13. Order for distribution of small estate.

(1) At the conclusion of the hearing the Estate Distribution Officer shall by his order make provision for the payment out of the estate of the estate duty, if any, and of the funeral expenses and debts of the deceased, wherever arising, and for the repayment to any person of any fees paid by that person under this Act and may, if necessary, direct the whole or such part of the estate as he may specify to be sold and the expenses, debts, fees and duty to be paid from the proceeds of the sale and subject thereto and to the following provisions of this section shall distribute the residue of the estate according to their respective shares and interests among the beneficiaries but subject to section 15:

Provided that where there is in force any written law relating to baitulmal the Estate Distribution Officer shall before distributing any part of the estate of a deceased Muslim satisfy himself that any share of the estate which is due to the baitu

13A PART II ADMINISTRATION OF SMALL ESTATES-13A. Direction or declaration by the Corporation in respect of movable property.

Where any movable property comprised in a smallestate has been administered by the Corporation, the Estate Distribution Officer shall accept any direction or declaration made by the Corporation in relation to the property.

[Am. by Act A1643/2022; Ins. by Act A1331/2008]

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Federal Territory of Labuan (Modification of the Small Estate (Distribution) Act 1955) Order 2011 - P.U.(A) 20/2011 cif. 01-02- 2011

Where any movable property comprised in a smallestate has been administered by the Corporation, the Registrar of Titles shall accept any direction or declaration made by the Corporation in relation to the property.

14 PART II ADMINISTRATION OF SMALL ESTATES-14. Determination of collateral disputes.

(1) If in the course of the hearing it is certified by the Estate Distribution Officer to be necessary or desirable in the interests of justice that any collateral dispute should be decided before a distribution order is made, the Estate Distribution Officer may defer the making of any distribution order in respect of the estate or of that part of the estate which in his opinion is or may be affected directly or indirectly by the determination of that dispute and shall thereupon cause the dispute to be determined in accordance with this section.

[(1) Am. by Act A1643/2022]

(2) For the purposes of this section a "collateral dispute" means a dispute as to whether-

(a) any property or any right or interest in any such property forms part of the estate of the deceased;

[Am. by Act A1643/2022]

(b) any person is entitled beneficially to any pr

15 PART II ADMINISTRATION OF SMALL ESTATES-15. Powers of the Estate Distribution Officer in distributing the estate.

(1) Where the Estate Distribution Officer is satisfied that all the beneficiaries of the estate being of full age and capacity have agreed between themselves as to the manner in which the estate should be distributed, the Estate Distribution Officer may, after recording in the distribution order the terms of the agreement, and the assent of the parties thereto, distribute the estate in the manner provided for by the agreement unless it shall appear to the Estate Distribution Officer to be unjust or inequitable so to do.

[(1) Am. by Act A1643/2022]

(2) Where any such agreement has been entered into by all the beneficiaries who are of full age and capacity the Estate Distribution Officer may, if in his opinion it is in the interests of any other beneficiary who is a minor or a person not of full capacity to do so, assent to the agreement on behalf of that minor or person and may thereupon after recording the terms o

16 PART II ADMINISTRATION OF SMALL ESTATES-16. Procedure after hearing.

(1) The distribution order shall be drawn up forthwith by the Estate Distribution Officer and shall lie in his office for the period within which notice of appeal may be given and, if notice of appeal under section 29 has been given, shall continue to lie in the office until the appeal has been withdrawn or decided, and shall if necessary be amended or redrawn to conform with the decision on appeal. The petitioner shall then arrange for the order so far as it relates to land to be registered as may be necessary and the Estate Distribution Officer shall act under subsection (3) where applicable.

[(1) Am. by Act A1643/2022]

(2) The Estate Distribution Officer in making a distribution order may make an order for entry of caveat and the Land Administrator or Registrar of Title, upon receiving the distribution order, shall give effect to such order accordingly.

[(2) Subs. by Act A1643/2022]

16A PART II ADMINISTRATION OF SMALL ESTATES-16A. Amendment of order.

(1) Where the Estate Distribution Officer is satisfied that any order made under this Act contains clerical error, he may make such amendment on the order and the order shall be served on the petitioner.

(2) No amendment other than an amendment to correct a clerical error shall be made by the Estate Distribution Officer or any person affected by the order unless it is made in accordance with the regulations made by the Minister.

[16A. Ins. by Act A1643/2022]

17 PART II ADMINISTRATION OF SMALL ESTATES-17. Subsequent applications.

(1) Where it becomes necessary to appoint a new trustee or a new administrator or to make any other or further order or to withdraw a caveat the party interested may make an application to the Estate Distribution Officer, in the prescribed form or in any other form which the Estate Distribution Officer may permit, and thereupon the Estate Distribution Officer shall investigate the matter and cause notice to be given to any other party affected and if the matter is contentious he shall set it down for hearing in the same manner as a petition for distribution under this Act and after the investigation or hearing he shall make such order or do any other act as may be necessary to give effect to his decision and if necessary shall arrange for the order so far as it relates to land to be registered as may be necessary.

[(1) Am. by Act A1643/2022]

(2) Where a minor beneficiary has attained majority the or a person of un

18 PART II ADMINISTRATION OF SMALL ESTATES-18. Duty of Corporation and Majlis.

(1) Where a proprietor or owner of any property has died and no proceedings, to the knowledge of the Corporation or Majlis, have within six months of the date of death been taken to obtain a grant of probate or letters of administration or for distribution order under this Act of the estate of a deceased, the Corporation or Majlis may report the matter to the Estate Distribution Officer and the Estate Distribution Officer may thereupon request the Corporation or Majlis to lodge a petition for distribution of the estate subject to the Corporation or Majlis to obtain consent from a beneficiary to the estate of a deceased person, a creditor or a purchaser who has interest in the estate of a deceased person, as the case may be.

(2) Any fee payable under this section as may be prescribed and may be paid out of the estate.

(3) The Minister may, with the approval of the State Authority, by notification in the Gazette , appoint a date f

19 PART II ADMINISTRATION OF SMALL ESTATES-19. Reference on point of law or custom.

(1) If any difficult point of law or custom arises in any proceedings under this Act, the Estate Distribution Officer may-

[(1) Am. by Act A1643/2022]

(a) if the question relates to Islamic law or Malay custom or to native law or custom of Sabah or Sarawak, refer the matter for decision to the Ruler of the State or to such other person or body of persons as the Ruler may direct; or

[(a) Am. by Act A1643/2022]

(b) if the question relates to any other matter, may state a case for the opinion and directions of the High Court.

(2) Every reference and every statement of case under subsection (1) shall be in writing and shall contain a statement of the facts on which an opinion or decision is required, and the Estate Distribution Officer shall give effect to any opinion, decision or directions thereby obtained.

  means the Customary Tenure Enactment of Negeri Sembilan [F.M.S. Cap. 215] and "tribe" means one of the tribes specified in Schedule B to the Enactment.

(2) This Part shall be read with the Enactment and words defined therein shall have the same meanings in this Act.

(3) In the event of any conflict between this Act and the Enactment the provisions of the Enactment shall prevail.

(4) For the purpose of this Part the estate shall not include such part of the estate as is "customary estate" within the meaning of the Enactment.

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ANNOTATION

Refer to Indun Binti Mat Zin v. 1. Haji Ismail Bin Musa 2. Abdullah Bin Suhor 3. Midut Binte Haji Bali 4. Mohamed Noor [1937] 1 MLRH 553 and the discussion thereof

22 PART III SPECIAL PROVISION RELATING TO NEGERI SEMBILAN-22. All tribal estates to be "small".

The estate of any deceased person who was at the time of his death a member of a tribe shall be deemed to be a small estate, whatever its total value, and every such person shall be deemed for the purposes of this Act to have died intestate in respect of that estate.

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ANNOTATION

Refer to Anyam & Anor v. Intan [1948] 1 MLRA 140 and the discussion thereof on "Customary land".

23 PART III SPECIAL PROVISION RELATING TO NEGERI SEMBILAN-23. Jurisdiction.

(1) The Land Administrator of the district in which is located the tribe or section of a tribe of which the deceased was a member shall have exclusive jurisdiction over the estate under this Act:

Provided that if the value of the estate exceeds five thousand ringgit the hearing of any petition for distribution shall be before one or more officers nominated for that purpose by the Menteri Besar of the State of Negeri Sembilan and the officer shall have all the powers of a Land Administrator having jurisdiction over the estate under this Act.

(2) Where the deceased has left customary estate in addition to other property the Land Administrator or other officer nominated under this section shall, wherever practicable, fix the hearing of the application under section 10 of the Enactment for the same time and place as the hearing under section 12 of this Act.

[Am. by Act A1331/2008]

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ANNO

24 PART III SPECIAL PROVISION RELATING TO NEGERI SEMBILAN-24. Principles of distribution.

In making any distribution order, the Land Administrator, which expression, in this section, shall be deemed to include the officer nominated under section 23, shall apply the following principles:

(a) if any land appears to be ancestral customary land, though not registered as such, it shall be transmitted to the customary heiress, subject if necessary to life occupancy;

(b) where any property is found as a fact to be harta pembawa or harta dapatan it may be transmitted to the customary heiress of the deceased subject to the right of any other person to a share in or charge over that property according to the principle of untung, where applicable, and on registration of the order the Land Administrator may, if necessary, add the words "Customary Land" to any title affected but he shall not be bound to do so;

(c) where any property is found as a fact to be harta carian bujang or harta cari

25 PART III SPECIAL PROVISION RELATING TO NEGERI SEMBILAN-25. Appeals.

(1) Any appeal under section 29 which relates to customary land or to the estate of a deceased member of a tribe shall be heard by an Appeal Committee appointed by the Ruler, instead of by the High Court, and subject to confirmation by the Ruler the report of the Committee shall be final. The Ruler may make rules of procedure and prescribe fees for such appeals.

(2) Unless and until an Appeal Committee is appointed under subsection (1) any such appeal shall be heard in the same manner as an appeal under section 15 of the Enactment.

26 PART IV SPECIAL PROVISION RELATING TO SABAH-26. Application of Part.

This Part shall apply only in the State of Sabah.

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Federal Territory of Labuan (Modification of the Small Estate (Distribution) Act 1955) Order 2011 - P.U.(A) 20/2011 cif. 01-02- 2011

PART IV -SPECIAL PROVISIONS RELATING TO FEDERAL TERRITORY OF LABUAN

This Part shall apply only in the Federal Territory of Labuan.

26A PART IV SPECIAL PROVISION RELATING TO SABAH-26A. Certain native estates to be "small".

(1) The estate of any deceased person who at the time of his death was a native of Sabah shall if it consists of immovable property all of which is held under Native Title, whatever its value, and movable property (if any) not exceeding twenty thousand ringgit in value shall be deemed for the purposes of this Act to be a small estate.

(2) In the case of an estate which is deemed to be a small estate under subsection (1) Part II shall take effect subject to this Part. In the case of other small estates Part II shall apply without modification.

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Federal Territory of Labuan (Modification of the Small Estate (Distribution) Act 1955) Order 2011 - P.U.(A) 20/2011 cif. 01-02- 2011

PART IV - SPECIAL PROVISIONS RELATING TO FEDERAL TERRITORY OF LABUAN

(1) The estate of any deceased person who at the time of his death was a native shall if it consists of immovable property all of which is held un

26B PART IV SPECIAL PROVISION RELATING TO SABAH-26B. Small estates of natives of Sabah.

When a petition for distribution relates to an estate which is deemed to be small estate under subsection 26A(1), the Land Administrator shall refer the petition to the appropriate Native Court constituted under the Native Court Ordinance of Sabah [Cap. 86] unless in his opinion for any reason it should be dealt with under the Probate and Administration Act 1959, in which event the Land Administrator shall send the record of the case and his finding to the High Court.

[Am. by Act A1331/2008]

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Federal Territory of Labuan (Modification of the Small Estate (Distribution) Act 1955) Order 2011 - P.U.(A) 20/2011 cif. 01-02- 2011

PART IV - SPECIAL PROVISIONS RELATING TO FEDERAL TERRITORY OF LABUAN

Section 26B. Small estates of natives.

When a petition for distribution relates to an estate which is deemed to be small estate under subsection 26A(

26C PART IV SPECIAL PROVISION RELATING TO SABAH-26C. Procedure of Native Courts in Sabah.

When a petition has been referred to the Native Court, the Court shall, as far as possible, follow the procedure prescribed in this Act, and shall exercise exclusively, in lieu of the Estate Distribution Officer, the authority therein granted to the Land Administrator, and shall make a distribution order having regard to subsection 1(2) and (3) of the Wills Ordinance of Sabah [Cap. 158] and the law or custom having the force of law applicable to the deceased, and the decision of the Native Court shall be forwarded to the Land Administrator, who shall arrange for the order of that Court so far as it relates to any interest in land to be registered as may be necessary.

[Am. by Act A1331/2008]

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Federal Territory of Labuan (Modification of the Small Estate (Distribution) Act 1955) Order 2011 - P.U.(A) 20/2011 cif. 01-02- 2011

PART IV - SPECIAL PROVISIONS RELATING TO FEDERAL

26D PART IV SPECIAL PROVISION RELATING TO SABAH-26D. Sale of Native land in Sabah.

Land registered in the name of a deceased native of Sabah may be sold by order of the Native Court to pay debts of the deceased or to satisfy the claim of a beneficiary who is not a native, but the bidding in the case of land held under Part IV of the Land Ordinance of Sabah shall be restricted to natives.

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Federal Territory of Labuan (Modification of the Small Estate (Distribution) Act 1955) Order 2011 - P.U.(A) 20/2011 cif. 01-02- 2011

PART IV -SPECIAL PROVISIONS RELATING TO FEDERAL TERRITORY OF LABUAN

Section 26D. Sale of native land in Federal Territory of Labuan.

Land registered in the name of a deceased native may be sold by order of the Native Court to pay debts of the deceased or to satisfy the claim of a beneficiary who is not a native, but the bidding in the case of land held under Labuan Native Title Act 2007 [Act 667] shall be restricted to natives.

27 PART V MISCELLANEOUS-27. Estate partly administered.

(1) Where, before the coming into force of this Act, letters of administration have been granted by the High Court and the estate has not been fully administered, any further application relating to the same estate may be made to the High Court, whether the estate is, or has become, a small estate within the meaning of this Act or not.

(2) Where before the coming into force of this Act a grant of probate or letters of administrations has been made by any authority other than the High Court, and the estate has not been fully administered any further application relating to the same estate may be made to a Judge or Registrar of the High Court in the State in which the grant was made and thereupon the Registrar shall call for the file of the former proceedings which may be continued as though they had been commenced in his registry:

Provided that if for any reason, in the opinion of the Judge or the Registrar, the proceedings cannot conven

28 PART V MISCELLANEOUS-28. Exclusion of provisions of certain other laws.

None of the provisions of any law relating to duties on estates of deceased persons or of any rules of court, so far as all such provisions regulate the practice and procedure in granting letters of administration or the imposition and collection of duties payable on the estates of deceased persons, shall apply to any proceedings under this Act except so far and with such modifications as may be prescribed.

29 PART V MISCELLANEOUS-29. Appeal.

(1) Subject to the other provisions of this Act and to subsection (5) any person aggrieved by any order, decision or act made or done by a Estate Distribution Officer under this Act may appeal to the High Court within thirty days from the date the order, decision or act is made or done:

[(1) Am. by Act A1643/2022]

Provided that no appeal shall lie from any such order, decision or act so far as the same is based on and in accordance with a decision of the Ruler or of any other person or body in respect of a reference under paragraph 19(1) (a) or in accordance with the opinion of the High Court in respect of a reference under paragraph 19(1) (b) :

Provided further that in the State of Terengganu when the appeal is in respect of any decision of the Estate Distribution Officerin relation to an interest claimed under the Settlement Enactment [Tr. 65 of 1356] the appeal shall lie to the L

30 PART V MISCELLANEOUS-30. Regulations.

The Minister may make regulations to carry into effect the objects of this Act and to prescribe anything required to be prescribed under this Act.

31 PART V MISCELLANEOUS-31. Appearance of advocates.

(1) No advocate shall be entitled to appear on behalf of any party in any proceedings before the Estate Distribution Officer under this Act except with the permission of the Estate Distribution Officer, who may grant or withhold such permission in each case as he thinks fit.

[(1) Am. by Act A1643/2022]

(2) No solicitor's costs shall be allowed out of any small estate except that in a case where the estate exceeds three thousand ringgit in value the Collector may, for special reasons stated in the order, allow such costs to an amount not exceeding the amount of such costs as might be awarded in a Sessions Court in a comparable proceeding.

[Am. by Act A1331/2008]

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Federal Territory of Labuan (Modification of the Small Estate (Distribution) Act 1955) Order 2011 - P.U.(A) 20/2011 cif. 01-02- 2011

(1) No advocate shall be entitled to appear on be

32 PART V MISCELLANEOUS-32. Repeal.

(1) The Enactments mentioned in the first and second columns of the Second Schedule are repealed to the extent specified in the third columm thereof.

(2) (Omitted) .

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Federal Territory of Labuan (Modification of the Small Estate (Distribution) Act 1955) Order 2011 - P.U.(A) 20/2011 cif. 01-02- 2011

[Deleted]

33 PART V MISCELLANEOUS-33. 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) Subject to this Act, the Corporation* shall be deemed to have taken the place of the Administrator General, Sabah, and of the Probate Officers in Sarawak.

[(2) Am. by Act A1331/2008]

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Federal Territory of Labuan (Modification of the Small Estate (Distribution) Act 1955) Order 2011 - P.U.(A) 20/2011 cif. 01-02- 2011

[Deleted]

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*NOTE - The original provision which used the word "Official Administrator" is now construedas "Corporation" - see subsection 43(3) of the Public Trust Corporation Act 1995 [Act 532] .

34 PART V MISCELLANEOUS-34. Special provisions for Malacca and Penang.

The provisions of the Third Schedule shall have effect in relation to a small estate (or a part of a small estate) which consists of immovable property situated in the State of Malacca or the State of Penang.

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Federal Territory of Labuan (Modification of the Small Estate (Distribution) Act 1955) Order 2011 - P.U.(A) 20/2011 cif. 01-02- 2011

[Deleted]