Professional Documents
Culture Documents
Case No.:
In the Matter of the Probate and Administration Act (Chapter
251)
And
And
...Applicant
1. I am an Advocate & Solicitor qualified to practice law in Malaysia and have been
practising law in Malaysia for ______ years.
4. In accordance with Section 6 of Malaysia’s Distribution Act 1958 (Act 300), if the
intestate dies leaving a spouse and issue but no parent or parents, the surviving spouse
shall be entitled to one-third (1/3) of the estate and the issue the remaining two-thirds
(2/3) to be shared equally if more than 1 issue.
2
5. Therefore as the beneficiaries of the late NGOI SAU LAN, LEE HONG WAN
would be entitled to 1/3 share as the legitimate spouse whereas LEONG YONG FOO,
LEONG WAI YEE and LEONG YEN LAI would be entitled to 2/3 share equally as the
legitimate children.
6. The person most suitable to be the administrator would be the beneficiary of the
deceased’s estate. In such a case, the Court is guided by the principle of who is best
suited amongst the beneficiaries in accordance with the priorities to the entitlement of
the estate under the laws of intestate succession set out in the Distribution Act 1958.
Accordingly, LEE HONG WAN as the surviving and legitimate spouse will be the first
person in the list of priority to apply for the letters of administration.
BEFORE ME
_____________________
NOTARY PUBLIC