Wills, Probate and Administration of Estates in East Malaysia | 2024

Wills, Probate and Administration of Estates in East Malaysia

This publication offers an examination, comparison, and summary of the relevant legislation concerning wills and estate administration in West Malaysia, Sabah, and Sarawak. It incorporates the most recent legal developments and case law while addressing the statutory provisions, practices, and procedures specific to each jurisdiction, including, among others:

- The Wills Act 1959
- Wills Ordinance (Sabah Cap 158)
- Muslim Wills 2018 (Sabah No 8 of 2018)
- Probate and Administration Act 1959
- Probate and Administration Ordinance (Sabah Cap 109)
- Administration of Estates Ordinance (Sarawak Cap 80)
- Distribution Act 1958
- Intestate Succession Ordinance 1960 (Sabah)
- Small Estates (Distribution) Act 1955
- Administration of Native and Small Estates (Sabah Cap 1)
- Native Customs (Declaration) Ordinance 1996 (Sarawak)
- Relevant subsidiary legislation and various codified Adats in Sarawak.

This resource is indispensable for legal practitioners, law students, and anyone involved in estate matters across the Federation of Malaysia.

Table of Contents of Wills, Probate and Administration of Estates in East Malaysia

Chapter 1 Introduction
Chapter 2 Wills
Chapter 3 Probate
Chapter 4 Letters of Administration
Chapter 5 Distribution of Assets and Liabilities
Chapter 6 Contentious Proceedings
Chapter 7 Death, Inheritance and Property according to Native Customary Laws

About The Author: 

Clarice Chan initiated her legal profession in litigation within Melbourne, Australia. Following her return, she was admitted to the Malaysian and Sarawak Bar, and remains actively engaged in civil, commercial, and criminal litigation. She has represented clients across all levels of the Malaysian Courts and retains a strong involvement in public interest matters. Additionally, Clarice has contributed to "The National Land Code – A Commentary" authored by Judith Sihombing.