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. (2) On the making of an order for a grant of administration by the Court all such property shall vest in the administrator.
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.
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.
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 directed to be so paid, transferred or delivered to him, the funds may be paid, transferred or delivered to the person who, being widower, widow, child, father, mother, brother or sister of the deceased, would be entitled to take administration to his or her estate upon a declaration by that person in the prescribed form.
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).
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).
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.
(Deleted by Act A912).
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.
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.
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.
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.
Provisions on this page are reproduced verbatim from official open data. See the attribution line.
Text as at 1 January 2006 (LOM reprint); amendments made after that date may not be incorporated. Read the official text ↗
Source: Laws of Malaysia, Attorney General's Chambers of Malaysia (lom.agc.gov.my). Not a copy of the Gazette printed by the Government Printer (Interpretation Acts 1948 and 1967, s 61).