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← Small Estates (Distribution) Act 1955

Small Estates (Distribution) Act 1955 s 19

Small Estates (Distribution) Act 1955 s 19

s 19 Reference on point of law or custom

(1) If any difficult point of law or custom arises in any proceedings under this Act, the Estate Distribution Officer may— (a) if the question relates to Islamic law or Malay custom or to native law or custom of Sabah or Sarawak, refer the matter for decision to the Ruler of the State or to such other person or body of persons as the Ruler may direct; or (b) if the question relates to any other matter, may state a case for the opinion and directions of the High Court. (2) Every reference and every statement of case under subsection (1) shall be in writing and shall contain a statement of the facts on which an opinion or decision is required, and the Estate Distribution Officer shall give effect to any opinion, decision or directions thereby obtained. (3) Where any question is referred to the High Court under this section, the reference may be heard and disposed of by a Judge in Chambers. (4) The High Court shall not give any opinion upon any question referred to it under this section unless all those persons interested in the proceedings who in the opinion of the High Court are likely to be affected by the opinion have had an opportunity to appear and be heard by the Court either in person or by advocate and the costs of any such hearing shall be borne by such persons or by the estate and in such proportion as the Court may direct.

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

Find Act 98 on lom.agc.gov.my ↗

Text as at 15 July 2024 (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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