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← Probate and Administration Act 1959

Probate and Administration Act 1959 s 9

Probate and Administration Act 1959 s 9

Text recovered by OCR from a scanned copy — section numbers and wording may be wrong. Check the official PDF on lom.agc.gov.my before citing.

s 9 Constructive renunciation

(1) Any person having or claiming any interest in the estate of a deceased person, or any creditor of a deceased person, may, without applying for representation, cause to be issued a citation directed to the executor or executors appointed by the deceased’s will, or to any person appearing to have a prior right to representation, calling upon the person cited to accept or renounce the right. (2) Any person so cited may enter an appearance to the citation, but if he makes default in appearance thereto, he shall be deemed to have renounced the right; and if, having appeared, he does not proceed to apply for representation, the person so citing may apply for an order that the person cited, unless he applies for and obtains a grant within a time limited by the order, shall be deemed to have renounced his right thereto, and an order may be made accordingly. (3) If the Court is satisfied that any person who is or may become entitled to representation has been personally served with the notice of hearing for the grant of representation, and the person fails to appear or file any objection, he shall be deemed to have renounced his right of representation.

Read this section in the full act → · Open Part II →

Find Act 97 on lom.agc.gov.my ↗

Text as at 1 January 2006 (LOM reprint); amendments made after that date may not be incorporated.

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).

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