Probate and Administration Act 1959 (Act 97) & Regulations [As At 10th December 2022]

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Probate And Administration Act 1959 (Act 97)



[As At 10th December 2022]

An Act relating to probate and letters of administration.

Detailed Contents of Probate and Administration Act 1959:

In Malaysia, the administration of estates is governed by the Probate and Administration Act 1959 (Act 97) and the rules that follow. The Act outlines the requirements and steps for obtaining letters of administration or a grant of probate, which are required for the distribution of assets in a decedent's estate.

The main clauses of the Probate and Administration Act 1959 (Act 97) and Regulations are listed below:

  1. Grant of Probate or Letters of Administration: The Act stipulates that an executor or administrator may receive a grant of probate or letters of administration, as appropriate. These licences allow the executor or administrator the power to control and distribute the estate's assets.
  2. The Act also specifies how property would be distributed in cases of intestacy, or when a person passes away without leaving a legal will. The norms of intestacy, which give priority to the deceased person's surviving spouse and children, control the distribution.
  3. Application for Grant: The Act outlines the process for requesting letters of administration or a grant of probate. The application must be submitted to the Supreme Court and contain details on the decedent's possessions, liabilities, and beneficiaries.
  4. The Act outlines the obligations and authority of the executor or administrator, including gathering the decedent's assets, paying off debts and taxes, and distributing the remaining assets to beneficiaries.
  5. Disputes and Appeals: The Act addresses conflicts and appeals pertaining to the administration of estates. They involve disputes between beneficiaries or between beneficiaries and the executor or administrator as well as appeals against High Court rulings.
  6. Regulations: The Act's regulations give more information on the application procedure, costs, and other issues relating to estate administration.

Probate And Administration Act 1959 Contains:

Probate and Administration Act 1959 (Act 97)

Official Administrator (Fees) Regulations 1972

 Find more statutes like Probate And Administration Act 1959: Statutes

ISBN: 9789678907606

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