Short title and commencement
(1) This Act may be cited as the Small Estates (Distribution) Act 1955, and shall come into force in relation to any State on such date as the Minister may, by notification in the Gazette, appoint and the Minister may appoint different dates for different provisions of this Act.
(2) In bringing this Act into force in Sarawak, the Minister may by order make such modifications thereto as he deems necessary in
relation to its application to the estates of deceased persons who at the time of their death were natives of Sarawak.
(2A) This Act shall come into force in the Federal Territory of Labuan on such date as the Minister may by order specify, and such order may provide for such modifications to this Act in its application in the Federal Territory of Labuan as the Minister may deem necessary, and also for the consequential repeal or amendment of any other written law in so far as it applies in the Federal Territory of Labuan.
*NOTE—In its application to the Federal Territory of Labuan—see the Federal Territory of Labuan (Modification of the Small Estate (Distribution) Act 1955) Order 2011 [P.U. (A) 20/2011] which comes into operation on 1 February 2011.
Interpretation
In this Act, unless the context otherwise requires—
“Corporation” means the Amanah Raya Berhad, a company incorporated under the Companies Act 1965 [Act 125] pursuant to section 3 of the Public Trust Corporation Act 1995 [Act 532];
“distribution order” means an order for the distribution of a small estate made under this Act;
“Estate Distribution Officer” means an officer appointed under section 2C;
“High Court” means the High Court in Malaya or the High Court in Sabah and Sarawak, as the case may require;
“Land Administrator” means—
(a) in relation to Sarawak, the District Officer appointed for a district and includes any Assistant District Officer or Sarawak Administrative Officer appointed for the district or part thereof;
(b) in relation to Sabah, the Collector of Land Revenue appointed for a district and includes any Assistant Collector of Land Revenue appointed for the district or part thereof; and
NOTE—The Companies Act 1965 [Act 125] has been repealed by the Companies Act 2016 [Act 777] which comes into operation on 31 January 2017―see subsection 620(1) of Act 777.
(c) in relation to the States in Peninsular Malaysia, the Land Administrator appointed for a district and includes any Assistant District Land Administrator appointed for the district or part thereof;
“Majlis”, in relation to a State, means the Majlis Agama Islam, by whatever name called, established under any written law for the purpose of administering Islamic law;
“native” means a native of Sabah or a native of Sarawak;
“native of Sabah” has the meaning assigned to the word “native” in the Interpretation (Definition of Native) Ordinance of Sabah [Cap. 64];
“native of Sarawak” has the meaning assigned to the word “native” in the Interpretation Ordinance of Sarawak [Cap. 1];
“Native Title” has the meaning assigned thereto in the Land Ordinance of Sabah [Cap. 68]; “patient” means a person who is a sole beneficiary, suffering from serious illness or injury, or who is bedridden, and unable to attend any proceedings under this Act;
“petition for distribution” means a petition for the distribution of a small estate lodged under section 8;
“prescribed” means prescribed by regulations made by the Minister under section 30;
“President” means the President of Estate Distribution appointed under subsection 2A(1);
“property” means immovable property or movable property or both;
NOTE—The Interpretation Ordinance of Sarawak [Cap. 1] has been repealed by the Interpretation Ordinance, 2005 [Cap. 61] which comes into operation on 1 July 2005―see section 61 of Cap. 61.
“purchaser” means a person who, at the date of the filing by himself, or by any other person, of a petition for distribution, is in occupation of any land registered in the name of the deceased, whether as sole proprietor or co-proprietor, by virtue of an agreement for the sale of that land or any interest therein by the deceased to himself or to any person through whom he claims, or is in possession of any movable property sold by the deceased by a written agreement;
“Registrar” means the Registrar of the High Court and includes a Deputy Registrar, a Senior Assistant Registrar and an Assistant Registrar of the High Court;
“Registrar of Titles” includes a Registrar or Assistant Registrar appointed under section 3 of the Land Code of Sarawak [Cap. 81];
“State” includes a Federal Territory;
“valuation officer” means a valuation officer employed by the Government and includes an assistant valuation officer or a registered valuer under the Valuers, Appraisers, Estate Agents and Property Managers Act 1981 [Act 242].
