Estates partly administered
(1) Where, before the coming into force of this Act, letters of administration have been granted by the High Court and the estate has not been fully administered, any further application relating to the same estate may be made to the High Court, whether the estate is, or has become, a small estate within the meaning of this Act or not.
(2) Where before the coming into force of this Act a grant of probate or letters of administration has been made by any authority other than the High Court, and the estate has not been fully administered, any further application relating to the same estate may be made to a Judge or Registrar of the High Court in the State in which the grant was made and thereupon the Registrar shall call for the file of the former proceedings which may be continued as though they had been commenced in his registry:
Provided that if for any reason, in the opinion of the Judge or the Registrar, the proceedings cannot conveniently be so continued, the Judge or Registrar may direct that a new petition be filed in the High Court or that a petition for distribution be lodged with a Estate Distribution Officer pursuant to section 8.
(3) Where before the coming into force of this Act an application for distribution or for a grant of letters of administration of a small estate under any written law repealed by this Act has been made to a
Estate Distribution Officer or, in the case of Sarawak, a Probate Officer, and the estate has not been fully administered, the Estate Distribution Officer shall have jurisdiction to continue the proceedings and shall continue them in accordance with this Act, as early as the circumstances admit.
Exclusion of provisions of certain other laws
None of the provisions of any law relating to duties on estates of deceased persons or of any rules of court, so far as all such provisions regulate the practice and procedure in granting letters of administration or the imposition and collection of duties payable on the estates of deceased persons, shall apply to any proceedings under this Act except so far and with such modifications as may be prescribed.
Appeal
(1) Subject to the other provisions of this Act and to subsection (5), any person aggrieved by any order, decision or act made or done by a Estate Distribution Officer under this Act may appeal to the High Court within thirty days from the date the order, decision or act is made or done:
Provided that no appeal shall lie from any such order, decision or act so far as the same is based on and in accordance with a decision of the Ruler or of any other person or body in respect of a reference under paragraph 19(1)(a) or in accordance with the opinion of the High Court in respect of a reference under paragraph 19(1)(b):
Provided further that in the State of Terengganu when the appeal is in respect of any decision of the Estate Distribution Officer in relation to an interest claimed under the Settlement Enactment [Tr. 65 of 1356], the appeal shall lie to the Land Court constituted under that Enactment.
(2) For the purposes of subsection (1), the procedure in relation to such appeal shall be subject to the rules of court applicable in the High Court.
(3) If any doubt or difficulty shall arise on any point of procedure in any such appeal, any party may apply in writing to the Registrar at the registry in which the appeal is pending or intended to be filed and the Registrar shall give such directions as may be necessary.
(4) The decision of the High Court upon any such appeal shall be final, and shall not be subject to any further appeal.
(5) Decisions of the Native Court in Sabah shall be subject to appeal and revision as provided in the constitution of that Court.
Regulations
The Minister may make regulations to carry into effect the objects of this Act and to prescribe anything required to be prescribed under this Act.
Advocates
(1) No advocate shall be entitled to appear on behalf of any party in any proceedings before the Estate Distribution Officer under this Act except with the permission of the Estate Distribution Officer, who may grant or withhold such permission in each case as he thinks fit.
(2) No solicitor’s costs shall be allowed out of any small estate except that in a case where the estate exceeds three thousand ringgit in value, the Estate Distribution Officer may, for special reasons stated in the order, allow such costs to an amount not exceeding the amount of such costs as might be awarded in a Sessions Court in a comparable proceeding.
Repeal
(1) The Enactments mentioned in the first and second columns of the Second Schedule are repealed to the extent specified in the third column thereof.
(2) (Omitted).
Saving and transitional
(1) Nothing in this Act shall affect the validity of proceedings instituted under the laws repealed by this Act but the same shall be carried on in accordance with this Act and any such proceeding may be amended as may appear to be necessary or proper to bring it into conformity with this Act.
(2) Subject to this Act, the *Corporation shall be deemed to have taken the place of the Administrator General, Sabah, and of the Probate Officers in Sarawak.
Special provisions for Malacca and Penang
The Third Schedule shall have effect in relation to a small estate, or a part of a small estate, which consists of immovable property situated in the State of Malacca or the State of Penang.
NOTE—see section 25 of the Small Estates (Distribution)(Amendment) Act 2022 [Act A1643] which comes into operation on 15 July 2024 [P.U. (B) 267/2024] which provides the following provision:
Savings
25. (1) Any petition, application, investigation, hearing and proceedings in relation to the distribution of a small estate pending before the date of coming into operation of this Act shall be dealt with in accordance with the principal Act as amended by this Act.
(2) Any order, letter of administration, decision, determination, direction, certification, appointment, reference, action and notice in relation to the distribution of a small estate made, done or issued by the Land Administrator under the principal Act before the date of coming into operation of this Act, shall be deemed to be made, done or issued by the Estate Distribution Officer and continue to be in force.
(3) Any appeal to any order, decision or act made or done under section 29 of the principal Act before the date of coming into operation of this Act shall, after the date of coming into operation of this Act, be continued as if section 29 of the principal Act has not been amended by this Act.
*NOTE―The original provision which used the words “Official Administrator” is now construed as “Corporation”―see subsection 43(3) of the Public Trust Corporation Act 1995 [Act 532].
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).
