Akta Probet Dan Pentadbiran 1959 (Akta 97) & Peraturan-Peraturan (Hingga 15hb April 2022)

The Probate and Administration Act 1959 (Act 97) is a Malaysian law that outlines the process of obtaining a grant of probate or letters of administration for the estate of a deceased person. This act also provides for the duties and powers of executors and administrators, and the distribution of the deceased's assets.

Here is a summary of the key provisions of the Probate and Administration Act 1959 (Act 97) and its associated regulations, up to 15th April 2022:

Part I - Preliminary

This section outlines the purpose and scope of the act, as well as definitions of key terms used throughout the act.

Part II - Jurisdiction

This section outlines the jurisdiction of the High Court and the subordinate courts in granting probate or letters of administration.

Part III - Grants of Probate and Administration

This section outlines the procedures for obtaining a grant of probate or letters of administration. The process begins with an application to the court, which includes an inventory of the deceased's assets and liabilities. The court may then issue a citation to any interested parties to appear and object to the grant. If there are no objections, the court may issue the grant.

Part IV - Powers and Duties of Executors and Administrators

This section outlines the powers and duties of executors and administrators. These include collecting and preserving the deceased's assets, paying off debts and taxes, and distributing the remaining assets to the beneficiaries.

Part V - Administration of Small Estates

This section provides for the simplified administration of small estates, where the gross value of the estate does not exceed a certain threshold.

Part VI - Liability of Personal Representatives and Rights of Creditors

This section outlines the liability of personal representatives (i.e. executors and administrators) for any mismanagement or wrongful distribution of the estate. It also provides for the rights of creditors to make claims against the estate.

Part VII - Distribution of Estates

This section outlines the rules for the distribution of the deceased's assets to the beneficiaries.

Part VIII - General

This section includes miscellaneous provisions, such as the power of the court to make orders and the validity of acts done in good faith.

The Probate and Administration Regulations provide additional details on the procedures and forms required for obtaining a grant of probate or letters of administration, as well as the fees payable to the court. These regulations also provide for the appointment of substitute executors or administrators in certain circumstances, and the filing of accounts by executors and administrators.

In summary, the Probate and Administration Act 1959 (Act 97) and its associated regulations provide a framework for the administration of estates in Malaysia, and ensure that the assets of a deceased person are distributed according to their wishes and in accordance with the law.