Interpretation
Open ↗In this Part—
“British Court in a foreign country” means any British Court having jurisdiction out of the Commonwealth in pursuance of an Order of Her Britannic Majesty in Council, whether made under any Act of the Parliament of the United Kingdom or otherwise;
“the Commonwealth” shall, for the purposes of this Part, be deemed to include in addition any country which the Yang
di-Pertuan Agong may by notification published in the Gazette direct to be included among the countries to which this Part applies;
“Court of Probate” means any court or authority by whatever name designated, having jurisdiction in matters of probate;
“probate” and “letters of administration” include confirmation in Scotland and any instrument having, in any part of the Commonwealth, the same effect as that which, under the law of Malaysia, is given to probate or letters of administration respectively.
Powers of Court to re-seal
Open ↗Where a Court of Probate in any part of the Commonwealth has, either before or after the passing of this Act, granted probate or letters of administration in respect of the estate of a deceased person, the probate or letters of administration so granted, or a certified copy thereof, sealed with the seal of the court granting the same, may, on being produced to and a copy thereof deposited in the High Court, be sealed with the seal of the High Court, and thereupon shall be of the like force and effect, and have the same operation in Malaysia, as if it were a grant made by the High Court:
Provided that—
(a) if it appears that the deceased was not, at the time of his death, domiciled within the jurisdiction of the court from which the grant issued, the seal shall not be affixed unless the grant is such as the High Court would have made; and
(b) before the probate or letters of administration is sealed with the seal of the High Court, the Court may require such evidence, if any, as it thinks fit as to the domicile of the deceased person.
Application to British Courts in foreign countries
Open ↗Any probate or letters of administration granted by a British Court in a foreign country may be sealed in Malaysia in the manner provided in section 52, and this Part shall apply accordingly with the necessary modifications.
Provisions of Estate Duty
Open ↗(1) The provisions of the Finance Act 1992 [Act 476]*, of the Federated Malay States as extended to apply throughout Peninsular Malaysia by the Estate Duty (Transitional Provisions) (No. 2) Ordinance 1946 [Ord.35 of 1946], including the penal provisions thereof, shall apply as if the person who applies for sealing under this Part were an executor within the meaning of that Enactment, and section 45 of that Enactment shall apply mutatis mutandis to the re-sealing of grants under this Part.
(2) In the application of subsection (1) to Sabah and Sarawak references to the Estate Duty Enactment 1941, of the Federated Malay States, and provisions thereof shall be construed as references to the corresponding written laws and provisions of those laws in force in Sabah and Sarawak.
Security on re-sealing letters of administration
Open ↗Before the sealing of letters of administration under this Part, the administrator or his attorney shall give security by a bond in the prescribed form for the due administration of the estate; and that security shall be subject to section 35 relating to security to be given in the case of a grant of letters of administration.
Security for creditors in Malaysia
Open ↗(1) Where the deceased has carried on business or resided in Malaysia within twelve months of his death, the Court may, on the application of a creditor of the deceased or otherwise, before a grant of probate or letters of administration is re-sealed require adequate security to be given for the payment of debts due to creditors residing in Malaysia.
(2) Any such creditor may give notice in writing to the Registrar, requiring that he be notified of any application for the sealing of a grant of probate under this Part; and no such grant shall be sealed before the expiration of seven days after service on the creditor of a notice in writing of an application for sealing.
*NOTE—This Act have replaced the Estate Duty Enactment 1941 [En. 7 of 1941] w.e.f. 01-11-1991–see section 46 [Act 476].
Notice of sealing
Open ↗Notice of the sealing of a grant under this Part shall be sent forthwith by the Registrar to the court from which the grant is issued.
Notice of revocation
Open ↗When notice has been received by the Court of the re-sealing of a grant issued in Malaysia, notice of any revocation or alteration of any such grant shall be sent forthwith by the Registrar to the court so re-sealing the grant.
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).
