s 10 Powers of consular officers in relation to property of deceased persons
(1) Where any national of a State to which this Act applies is named as the executor of the will of a deceased person disposing of property in Malaysia or is otherwise a person to whom a grant of representation may be made by any court under any written law in force in Malaysia or in any constituent State in Malaysia relating to the probate of wills or the administration of the estate of deceased persons, then, if such court is satisfied on the application of a consular officer of that State that such national is not resident in Malaysia and if no application for a grant of such representation is made by a person duly authorized under such law by power of attorney to act for him in that behalf, the court shall make to such officer any such grant of representation to the estate of the deceased as would be made to him if he were so authorized as aforesaid: Provided that the court may if it thinks fit postpone the making of a grant by virtue of this section during such period as the court considers appropriate having regard to the circumstances of the case. (2) Where any person who is a national or citizen of a State to which this Act appliesβ (a) is entitled to any money or other property in Malaysia forming part of the estate of a deceased person or to receive payment in Malaysia of any money becoming due on the death of a deceased person; or (b) is among the persons to whom any money or other property of a deceased person may under any written law in force in Malaysia or in any constituent State in Malaysia be paid or delivered without grant of probate or other proof of title, then, if such national or citizen is not resident in Malaysia, a consular officer of that State shall have the like right and power to receive and give a valid discharge for any such money or property as if he were duly authorized by power of attorney to act for him in that behalf: Provided that no person shall be authorized or required by this subsection to pay or deliver any money or property to a consular officer if it is within his knowledge that any other person in Malaysia has been expressly authorized to receive that money or property on behalf of such national or citizen. (3) Notwithstanding anything to the contrary in any written law in force in Malaysia or in any constituent State in Malaysia, it shall be lawful for letters of administration of an estate to be granted, by virtue of this section, to a consular officer alone, and, when the existing personal representative is a consular officer appointed by virtue of this section, it shall not be necessary, in any case, for any additional personal representative to be appointed. (4) When letters of administration are granted or any grant of representation is made to any consular officer by virtue of this section, sureties shall not be required to any administration bond given by such officer, notwithstanding the provisions of any written law in force in Malaysia or in any constituent State in Malaysia. (5) Notwithstanding any rule of law conferring privilege or immunity in respect of the official acts and documents of consular officers, a consular officer shall not be entitled to any privilege or immunity in respect of any act done by virtue of the powers conferred upon him by or under this section or in respect of any document for the time being in his possession relating thereto. (6) A grant of representation made by virtue of this section may be made to the consular officer by his official title and to his successors in office and where a grant is so made the office of administrator and all the estate, rights, duties and liabilities of the administrator (including liabilities under the administration bond) shall be vested in and imposed on the person for the time being holding the office and no fresh grant shall be required by reason only of the death or vacation of office of the person to whom the grant was made or in whom it is vested as aforesaid: Provided that nothing in this subsection shall affect any limitation contained in the grant or any power of the court to revoke the grant.