WILLS & PROBATE

 WEBMINAR BY THE SELANGOR BAR COMMITTEE

WILLS & PROBATE
 WILLS & PROBATE

PURPOSE OF A WILL
 

A Will is made for the purpose of making dispositions of properties movable or otherwise to

take effect after the death of the testator and to appoint the executors whom the testator

wishes to manage and appoint guardians of his infant children.

 WILLS & PROBATE
 CHARACTERISTICS OF A WILL
  
 Section 2 Wills Act 1959
  "Will" means a declaration intended to have legal effect of the intentions of a

testator with respect to his property or other matters which he desires to be carried

into effect after his death ...

  
 Section 18 Wills Act 1959
  Every will shall be construed, with reference to the property comprised in it, to speak

and take effect as if it had been executed immediately before the death of the
testator, unless a contrary intention shall appear by the will.
  During the lifetime of the Testator a will is a mere declaration of his intention which

is liable to be freely revoked, modified or altered. Until the death of testator the Will

remains ambulatory in nature. On the death of the testator the Will crystallises and

takes effect.
 WILLS & PROBATE
 WILLS DISTINGUISHED FROM DISPOSITION MADE
 IN CONTEMPLATION OF DEATH
  
  Wills must be distinguished from inter-vivos disposition made in contemplation
of death which is to take effect upon death. For example, nomination of
beneficiary under trust deed or life policy or nominations of beneficiary under
the Employees Provident Fund Regulations 1991 are not testamentary.
  
 See: How Yew Hock v Lembaga Wang Simpanan Pekerja [1996] 2 MLJ 474.
  
 A nomination is a direction to a person who holds funds on behalf of another to
pay those funds in the event of death to a nominated person. While the
document does affect the devolution of property on death, the property passes
directly from the fund to the nominee, and at no time forms part of the estate.
The nomination operates by virtue of the rules of the scheme, and not as a will,
and it does not, therefore, have to satisfy the requirements of the Wills Act.
 WILLS & PROBATE
 REQUISITE FOR FORMAL VALIDITY
  
 Section 4 Wills Act 1959
  

 No will made by any person under the age of majority shall be valid.

  

 Section 5 Wills Act 1959

  

 Basic requirements:-

  

 Must be in writing except privileged Wills;

 

 Signed by the Testator or by some other person in his presence and by his direction;

 

 The signature must be made or acknowledged by the testator as the signature to his will

in the presence of two or more witnesses present at the same time

  

 The signature must have been made with a purpose of authenticating the instrument. A

mark or initials and thumb printed are sufficient

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 Crucial Requirement for a valid Will
 Testamentary Capacity
  
 Section 3 Wills Act 1959
 

 Except as hereinafter provided, every person of sound mind may devise, bequeath or dispose of

by his will, executed in manner hereinafter required, all property which he owns or to which he is
entitled either at law or in equity at the time of his death notwithstanding that he may have
become entitled to the same subsequently to the execution of the will.
 

 Sound mind would entail a sound disposing mind to mean sufficient capacity to deal with and

able to appreciate the various disposition of property to which the testator is about to execute.
 

 Gan Yook Chin & Anor v Lee Ing Chin [2005] 2 MLJ 1 FC

 

 It is trite law that for a will to be valid, a testator must have testamentary capacity. Whether a

testator has testamentary capacity depends on the facts of each case.



In deciding upon the capacity of the testator to make his will, it is the soundness of the mind and
not the particular state of bodily health, that is to be attended to; the latter may be in a state of
extreme imbecility, and yet he may possess sufficient understanding to direct how his property
shall be disposed of;
 
 WILLS & PROBATE
 A person has testamentary capacity when:-
  

a) he understands the nature of his act and its effect;

b) the extent of the property of which he is disposing;

c) the claims to which he ought to give effect; and,

d) no disorder of the mind must poison his affections, pervert his sense
of right, or prevent the exercise of his natural faculties,
e) No insane delusion must influence his will in disposing of his
property, and bring about a disposal of it which, if the mind had
been sound, would not have been made

f) See: Banks v Goodfellow (1870) LR 5 QB 565

 WILLS & PROBATE
 Attestation
  
 The Testator’s signature must be made by him in the presence of two or more
witnesses present at the same time. The witnesses shall in the testator’s presence attest
and sign as witnesses after the Testator signed the will.
  
 It is not necessary for the attesting witnesses to sign in the presence of each other
though it is usual for the witnesses to do so.
  
 Form of Attestation
  
 Although no formal form is necessary but the attestation clause must show that the
statutory requirements have been met. There is no statutory provision that prohibits
any person from witnessing the will.
  
 WILLS & PROBATE
 LAST WILL AND TESTAMENT
  
  
 THIS IS THE LAST WILL AND TESTAMENT of me, .............................. [NRIC:.......................] of ..................................................
  
 I HEREBY revoke all my former Wills and Codicils at any time heretofore made by me and declare this to be my Last Will and Testament.
  
 I declare that I am domiciled in Malaysia and this Will shall be construed in all respects according to the laws of Malaysia.
  
 I APPOINT ..................................... [NRIC:.......................] of ................................. and ...................... [NRIC:........................]
of ...............................to be the Executrix / Executor and Trustee of this Will.
  
 If my one of the Executor and Trustee named above shall die during my lifetime then the other surviving Executor and Trustee shall be sole
Executor and Trustee of this Will.
  
 Subject to the payment of my lawful debts and testamentary expenses I GIVE DEVISE AND BEQUEATH the following:-
  
 a)
 b)
 c)
 d)
  
 2.1 I give other monies or assets in whatever form (called my residuary estate) to my Wife. If she does not survive me, I give my residuary
estate to those of my children who survive me, in equal shares,


  
  
  
 WILLS & PROBATE
 IN WITNESS whereof, I have hereunto set my hand this…………………..day of………………. in the year
Two Thousand ……………………………
  
  
 SIGNED by the above-named ]
 ..................................................... ]
 [NRIC:..............................] ]
 as his last will in the ]
 presence of us present at the ]
 same time who at his request ]
 in her presence and in the ]
 presence of each other have ]
 hereunto subscribed our name ]
 as witnesses. ]
  
 WITNESS :-
  
  
 ……………………………….……………………………….
  
 WILLS & PROBATE
 Appointment of Executors
  
 There is no restriction upon the choice of an executor by the Testator. If a natural person being
appointed then he must have attain the age of majority and of sound age when the probate is granted.
However the maximum number of Executors allowed under Section 4 of the Probate and Administration
Act 1959
  
 Section 4 of PAA 1959
 Representation shall not be granted to more than four persons in regard to the same property.
  
 If any beneficiary is an infant, or if a life interest arises under the will or intestacy, administration shall
be granted either to a trust corporation (with or without an individual) or to not less than two
individuals:
 Provided that:-
   (a) the Court may in its discretion and for such special reasons as it may think fit grant
administration to one individual; and
   (b) the Court in granting administration may act on such prima facie evidence, furnished by the
applicant or any other person, as to whether or not there is a minority or life interest, as may be
prescribed.
  
  
 If a corporation is appointed then the corporation must by its constitution empowered to act as an
executor or trustee.
 WILLS & PROBATE
 Donee/Beneficiary(ies)
  
 A Donee under a Will must be named or described properly and his/her identity must be established with certainty, otherwise

the gift is void for uncertainty.

  
 See: Re Chionh Ke Hu [1964] MLJ 270:
  
 Clause 5 of the Will reads as follows:-
 I direct my executors to distribute the remaining thirty shares out of the said two hundred shares among such persons
professing or practising the Buddhist religion and in such proportions as my executors shall in their absolute discretion
think fit."
  
 Section 19 Wills Act 1959.
  
 Testator can only dispose his property among natural persons or bodies. Gift by will cannot be made to a person who is dead

at the time of the Will. A gift in a Will fail if the donee dies during the lifetime of the Testator unless a contrary intention

appears in the Will.

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 Section 25 Wills Act
  
 If a Donee dies during the lifetime of the Testator leaving issue, and

any such issue of such person shall be living at the time of the death

of the testator, such devise or bequest shall not lapse but shall take

effect as if the death of such person had happened immediately after

the death of the testator, unless a contrary intention shall appear by

the will.
 WILLS & PROBATE

 Section 9 Wills Act 1959

 provides that a gift to attesting witness or to

the wife or husband of such witness is void.
  
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 No Residual Clause in the Will.
  
  
 See Section 8 of the Distribution Act 1958 states as follows:
  
 Where any person dies leaving a will beneficially disposing of part of his
property, the provisions of this Act shall have effect as respects the part of
his property not so disposed of, subject to the provisions contained in the will:
  
 The Deceased' Will does not cater for his residuary estate - it has no residuary
clause. As such, assets of the estate that are not specifically bequeathed or
devised to anyone will fall within the ambit of the Distribution Act 1958 and be
distributed according to the provisions of that Act
  
 See: Lynette Mei Li Ponniah v Lim Swee Gin (HC) [2018] MLJU 1347
  
  
WILLS & PROBATE
 Wills Not Required to Confirm with Section 4, 5 and 6 Wills Act
 Privileged Will
  
 Section 26 Wills Act 1959 Privileged wills of soldiers, airmen and sailors  
  
 (1)   A member of the armed forces of Malaysia being in actual
military service, and a mariner or seaman (including a member of the
naval forces of Malaysia) being at sea may dispose of his property or of
the guardianship, custody and tuition of a child or may exercise a power
of appointment exercisable by will by a privileged will.
  
 (2)   For the purposes of this section a privileged will means any
declaration or disposition, oral or in writing, made by or at the directions
of the testator which manifests the intentions of the testator which he
desires to be carried or to the guardianship, custody and tuition of a
child or to the exercise of a power of appointment.
  
 (3)   A declaration may be a valid privileged will notwithstanding
that it was not executed in the manner appearing to have been
intended by the testator or that it was intended by the testator
subsequently to execute a formal will to give effect to his
testamentary dispositions, unless it appears that the failure to
execute such declaration in such manner or such formal will was
due to the abandonment by the testator of the testamentary
intentions expressed by such declaration.
  
 (4) Sections 4, 5 and 6 shall not apply to privileged wills, nor is it
necessary for a written privileged will to be signed by the testator.
  
 (5) A privileged will other than a will which apart from the provisions
of this section would have been valid under this Act shall be null at
the expiration of one month after the testator being still alive has
ceased to be entitled to make a privileged will.
 WILLS & PROBATE
 Other Types of Will
  
 a. Mutual Will
  
 Wills of two or more persons [Eg: Husband & Wife] whereby arrangement is made between them conferring reciprocal

benefits;
 

 b. Secret Trust

 

 Where a Testator can make an absolute gift to a Donee but where it can be proved that either before or after the

execution of the Will but during the lifetime of the Testator the donee received communication or instructions
attached to the gift and to be binding on the Donee [Fully Secret Trust]
 

 Where the gift to the Donee is not absolute but subject to conditions that are not disclosed in the Will [Partly Secret

Trust]
 

 See: Chin Huat Yean @ Chin Chun Yean & Anor v Chin Jhin Thein & Anor [2019] CA

 

 The law of secret trust was developed to assist the testator's purported 'sins' or what was often said 'skeleton in the

cupboard' for just and equitable reason to benefit his genes or acquaintance, whether lawful or otherwise to provide
some form of security to his beloved ones. It had developed in a manner to close its eyes on public policy or breach of
rule of law related to monogamous or polygamous marriage inclusive of polyandry or relationship of cohabite, amongst
others. Hence the court would not strike out secret trust arguments based on illegality or public policy
 
 WILLS & PROBATE
 Revocation
  
 A will is of its own nature revocable

 

 Revocation by Marriage [Section 12 Wills Act 1959]

 

 However a Will expressed to be made in contemplation of a particular marriage is not revoked by the

solemnisation of the marriage contemplated.

 

 

 There must be an intention to revoke accompanied by an act of revocation.

 

 See: Re Mana Seena Veeran (deceased); Rajoo s/o Magalee Karuppiah

 & Anor v Hussain s/o MS Veeran [1975] HC

 

 The Testator after having written a Will intended to revoke the same. However due to his ill health, he wrote a

letter to his solicitors instructing him to revoke the Will. The said letter never reached the solicitor.
 

 The Court in holding that the Will was not revoked said:-

 

 Though a testator may have done everything which he considered necessary to revoke his will, the will is not

revoked if he has not adopted one or other of the modes of revocation laid down in the Wills Act.
 
 WILLS & PROBATE
 Method of revocation as provided by Section 14 Wills Act 1959:-
  
 No will or any part thereof shall be revoked otherwise than as aforesaid, or by

another will executed in manner hereinbefore required, or by some writing

declaring an intention to revoke the same, and executed in the manner in which
a will is hereinbefore required to be executed, or by the burning, tearing or
otherwise destroying the same by the testator, or by some person in his
presence and by his direction, with the intention of revoking the same.
  

 By another Will

 By some writing declaring an intention to revoke the will and duly executed as a
Will;
 By burning, tearing or otherwise destroying of the will by the testator or by
some person in his presence and by his direction with the intention of revoking
it
  

 For Revival of Revoked Will – Section 16 Wills Act 1959

  
 WILLS & PROBATE
 Can a Donee enter into a covenant to convey his entitlement under a
Will?
  
 Chor Phaik Har v Farlim Properties Sdn Bhd [1997] 3 MLJ
188 FC
  
 A beneficiary has no title or interest in property in the
deceased's estate until the estate had been fully
administered and distributed according to law.
Therefore, a beneficiary cannot make any covenant to
convey title in the property to other parties
  
  
WILLS & PROBATE
 WILLS & PROBATE
 Application for Grant of Probate
  
 Application for grant (O. 71, r. 5)
 

 5. (1) Every application for a grant shall be made by originating summons in Form 5 and shall be

supported by an affidavit setting out the information in Form 159 and any other information and/or
documents as the Registrar may require.
 

 The Registrar would normally require the following documents are to be filed as well:-

 

Notis Perlantikan Peguamcara;

Sumpah Pentadbiran;

Afidavit Penyaksi Wasiat

Senarai Asset & Liability;

Senarai Waris

 

 Important: Original Death Certificate of the Testator and Original Will must be surrendered to Court for

safe-keeping [Order 71 Rule 47A].

 

 The Executor/Applicant must be present in Court on day of hearing of the Originating Summons.
  
  
  
 WILLS & PROBATE
 No Grant of Probate or Letters of Administration to be issued
within seven (7) days of the death of the Testator [Order 71 Rule 4]
  
 Important:-
  
 Where an application for a grant is, for the first time, made after
the lapse of three [3] years from the death of the deceased, the
reason for the delay in making the application shall be set out in
the affidavit in support of the originating summons. [Order 71
Rule 5(6)]
  
WILLS & PROBATE
 WILLS & PROBATE
 Challenging a Will
  

 Grounds for Challenge:-

  

 Non-Compliance with Section 5 Wills Act 1959

 Testator lacked the necessary Testamentary Capacity;

 Suspicious Circumstances

 Undue Influence

 Fairness of the will

 Forgery
 WILLS & PROBATE
 Non-compliance with Section 5 Wills Act 1959
  
 Khaw Cheng Bok v Khaw Cheng Poon [1998]
3 MLJ 457
  
 Where the witness witnessed the will in the
absence of the deceased, the will was held to be
invalid.
 WILLS & PROBATE
 Testator lacked the necessary Testamentary Capacity
  
 See: Re Ng Toh Piew, deceased; Tan Geok Eng (f) v Lok Ah Ng
[1950] MLJ 273
  
 The testator was oblivious to his son's claims owing to his memory being
deficient through illness and it was his deficiency in memory that caused
him to omit his son from his will and to say to Rajan that he had no child.
I therefore pronounce the will dated 19 January 1949 to be invalid and
revoke the grant of probate thereof
  
  
 WILLS & PROBATE
 Kek Siong Uteh V. Aw Siew Keon [2016] MLJU 57
  
 In relation to the mental status of the deceased and
whether he was compos mentis at the relevant time, it
was submitted for the respondent that the evidence of
Dr Goh was convincing because he had personal
knowledge of the deceased’s health and mental
condition, having personally examined the deceased
and treated him as a patient. His diagnosis of the
deceased suffering from dementia at the fourth stage
(out of a possible five stages) establishes that the
deceased was not compos mentis. He was therefore
susceptible to influence and manipulation
WILLS & PROBATE
 WILLS & PROBATE
 Suspicious Circumstances
  
 Tho Yow Pew & Anor v. Chua Kooi Hean [2002] 4 CLJ]

 A classic instance of suspicious circumstances is where the will was prepared

by a person who takes a substantial benefit under it.
 Another instance is where the person was active in procuring the execution of
the will under which he takes a substantial benefit by, for instance, suggesting
the terms of the will to the testator and instructing a solicitor chosen by that
person."  

 Kek Siong Uteh v Aw Siew Keon

  
 The sole purpose of the appellant bringing along the deceased to see her was to
have a will done for the deceased but for the appellant to be named as the sole
beneficiary to the exclusion of the deceased person's children. This too
establishes that the appellant was intent on procuring the deceased person's
assets for her own benefit and possession
 WILLS & PROBATE
 Kek Siong Uteh v Aw Siew Keon
  
 There was evidence from an earlier lawyer
Ms Ang Hui Sin (‘SP-4’) who testified that the sole
purpose of the appellant bringing along the
deceased to see her was to have a will done for
the deceased but for the appellant to be named
as the sole beneficiary to the exclusion of the
deceased’s children. This too establishes that the
appellant was intent on procuring the deceased’s
assets for her own benefit and possession;
 WILLS & PROBATE
 DR SHANMUGANATHAN v PERIASAMY S/O SITHAMBARAM PILLAI
[1997] 3 MLJ 61
 His Lordship ought to have so concluded, having regard to
the evidence in its totality including the very unlikelihood
of an extremely careful and cautions non-practising lawyer
like the deceased to have simply walked into a law firm in
Jalan Masjid India, Kuala Lumpur to have his last will
drawn up by a solicitor with whom he had no previous
dealing, and yet leaving the will at the solicitor's office
without making any payment or ever collecting it or
leaving any instruction to the solicitor
 WILLS & PROBATE
 Undue Influence
  
 “there must be coercion ... it is only when the will of the person who becomes a testator is coerced into doing that
which he does not desire to do, that it is undue influence”
  
 There is no undue influence unless the testator is in such a condition that if he could speak his wishes would say
'this is not my wish but I must do it'
  
 Note:
 For further reading See: Foo Sook Lin v Foo Fatt Hin [2015] 3 CLJ 958, per Harmindar Singh Dhaliwal J [as
His Lordship was then]
  
 ... Undue influence, in order to render a will void, must be an influence which can justly be described by a person
looking at the matter judicially to have caused the execution of a paper pretending to express a testator's mind,
but which does not express his mind, but something else which he did not really mean.
  
 In probate, undue influence cannot be presumed
  
 WILLS & PROBATE
 Fairness of the will
  
 It is not the function of the Court to ensure that a will was fair, equitable or just. It was up to a testator as to how he
intended to dispose of his property so long as he acts with full comprehension of what he was doing.
  
 However: Section 3 Inheritance (Family Provision) Act 1971
  
 Where the court on an application is of the opinion that the disposition of the deceased’s estate is such that it did not
make reasonable provisions for the maintenance of a wife or husband or a daughter who has not been married, or who
is, by reason of some mental or physical disability, incapable of maintaining herself or an infant son or a son who is, by
reason of some mental or physical disability, incapable of maintaining himself, then, the court may order that such
reasonable provision as the court thinks fit shall, subject to such conditions or restrictions, if any, as the court may
impose, be made out of the deceased's net estate for the maintenance of that dependant.


 In Tan Cheu Kee v Lim Siew Hwa [2016] HC

  
 Facts to be taken into consideration:-
  
 Any past, present or future capital or income from any source of the dependent of the deceased to whom the
application relates;
 the conduct of that dependent in relation to the deceased
 The deceased's reasons, so far as ascertainable, for making the dispositions made by his will (if any), or for not making
any provision;
 any other matter or thing which in the circumstances of the case the court may consider relevant or material in relation
to that dependent;
  
 WILLS & PROBATE
 Forgery
  Kevin Peters Schmider v Nadja Geb Schmider Poignee & Anor [2019] 12 MLJ 248

 The present action was in relation of two wills dated 29 October 2014 (‘the first will’) and
18 August 2015 (‘the second will’) respectively, purportedly executed by the deceased for the
benefits of his daughters and son

 The issues to be determined were: (1) whether the deceased had testamentary capacity at
the time when he made the second will; (2) whether there was due execution of the second
will; and (3) whether there were suspicious circumstances surrounding

 The plaintiff had failed to produce evidence to show that there was due execution of the
second will. The attendance of the maker of the purported second will and the two attesting
witnesses was mandatory and the failure of all to attend court rendered the purported second
will ‘not worth the paper it is written on’. On the other hand, the defendants had produced two
witnesses who were with the deceased throughout the day on 18 August 2015. Both the
witnesses testified that on 18 August 2015, the deceased had no visitors and did not sign the
purported second will. As their evidence was not challenged, the court held that the deceased
did not sign the second will on 18 August 2015
 
 WILLS & PROBATE
 Expert Evidence vs direct evidence of witnesses

 Gan Yook Chin & Anor v Lee Ing Chin & Ors [2005] 2 MLJ 1

 The opinion of a handwriting expert is, no doubt, admissible under s 45

(Evidence Act). What value is to be attached to that opinion in a given
case is however, entirely a different matter. An expert's opinion with
respect to handwriting must always be received with great caution.
There certainly may be, and perhaps are cases where the handwriting
expert's opinion may be of assistance to the court in coming to a
conclusion as to the genuineness of disputed handwriting. But the art
of forming opinion by comparison of handwriting is essentially
empirical in character and error is seldom inseparable from such
opinions. Where however, there is direct and trustworthy evidence of
persons who had actually seen the signing of the document by the
testatrix, it is not necessary to refer to or rely on the expert opinion
 WILLS & PROBATE
 How to Challenge a Will?
 Before Grant of Probate
  
 Lodge a Caveat under Section 33 Probate and Administration Act 1959 & Order 71 Rule
37 Rules of Court 2012
  
 Any person having, or claiming to have, any interest may, at any time after the death of a
deceased person and before representation has been granted to his estate, enter a
general caveat in the prescribed form, so that no representation shall be granted without
notice to the caveator; and after entry of any such caveat no representation shall be
made until the caveator has been given opportunity to contest the right of any petitioner
to representation.

 Purpose of caveat is to prevent any form of administration from being granted be it Grant
of Probate or Grant of Letters of Administration. [See: Order 71 Rule 37 (7) Rules of Court
2012 the Registrar shall not make any grant if he has knowledge of an effective caveat
in respect thereof]
  
 It also prevents an Administration Order under the provisions of Small Estate Distribution
Act [See Order 71 Rule 37 (6) Rules of Court 2012]
 WILLS & PROBATE
 The Caveat must be in Form 164. A caveat shall remain in force for six [6] months from the date on which
it is entered and shall then cease to have effect, without prejudice to the entry of a further caveat or caveats.
  
 The person who is so affected by the Caveat may issue Warning in Form 165 who shall state his interest
and, if he claims under a will, the date of the will, and shall require the caveator to give particulars of any
contrary interest which he may have in the estate of the deceased [See Order 71 Rule 37(8) Rules of Court
2012]

 A caveator having an interest contrary to that of the person warning may, within eight days of service of the
warning upon him inclusive of the day of such service, or at any time thereafter if no affidavit has been filed
under paragraph (12), enter an appearance in Form 166 in the Registry, and shall serve on the person
warning
 [See Order 71 Rule 37(10) Rules of Court 2012]

 If the time limited for appearance in Form 166 has expired and the caveator has not entered an
appearance, the person warning may file in the Registry an affidavit showing that the warning was duly
served and that he has not received a notice of application for directions under paragraph (11), and thereupon
the caveat shall cease to have effect. [See Order 71 Rule 37(12) Rules of Court 2012]
 WILLS & PROBATE
 Upon an appearance being entered in answer to
the warning of a caveat, the matter shall be
deemed to be contested and the expenses of
entry of such caveat and the warning thereof shall
be considered as costs in the cause.
 [See Order 71 Rule 37(14) Rules of Court 2012]
  
 WILLS & PROBATE
 Contested Matter
  
 Every contested matter shall be referred to a Judge who may dispose of
the matter in dispute in a summary manner or direct that the
provisions of Order 72 shall apply.
  
 Where a matter is directed to be disposed of summarily the originating
summons, if any, shall ordinarily be adjourned into open Court for
hearing and the Court may on such adjourned hearing either grant or
refuse the prayer in the originating summons or make such other order
as may be just.
 [See Order 71 Rule 38 Rules of Court 2012]
 WILLS & PROBATE
 Challenging a Will After Grant of Probate
  
 Any suit initiated by the Plaintiff that seeks to revoke a grant of Probate or Letters of Administration obtained
by the Defendants over the estate of a Deceased is governed by the Probate and Administration Act 1959 and
Order 72 Rules of Court 2012.
  
 Order. 72 r. 1 Rules of Court 2012, a contentious probate proceeding is defines as follows:  
 “probate action” means an action for the grant of probate of the will, or letters of administration of the
estate, of a deceased person or for the revocation of such a grant or for a decree pronouncing for or against
the validity of an alleged will, not being an action, which is non-contentious.
  
 Order 72 r. 2 provides that all probate actions shall be begun by writ with certain requirements in connection
of the writ as provided below:
 1. Before a writ beginning a probate action is issued, it must be endorsed with a statement of the nature of
the interest of the plaintiff and of the defendant in the estate of the deceased to which the action relates.
  2. A writ beginning an action for the revocation of the grant of probate of the will, or letters of
administration of the estate, of a deceased person shall not be issued unless a citation under rule 7 has been
issued or the probate or letters of administration, as the case may be, has or have been lodged in the
Registry.
  
  
 Order. 72 r. 1 Rules of Court 2012 provides:-
 In an action for the revocation of the grant of probate of the will or letters of administration of the estate of a
deceased person, a citation against the person to whom the probate or letters of administration as the case
may be was or were granted requiring him to bring into and leave at the Registry the probate or letters of
administration, as the case may be, may be issued on the application of the Plaintiff
  
 WILLS & PROBATE
 Kok Chee Yoong & Anor v Wong Lee Yuen [2018] MLJU
978
 Every probate action must be begun by writ issued out of
the Registry of the High Court. The writ must be endorsed
with a statement of the nature of the interest of the
plaintiff and of the defendant in the estate of the deceased.
A writ beginning an action for the revocation of probate
or administration can only be issued after a citation to
bring in grant has been issued or the probate or letters of
administration has been lodged in the said registry.
 WILLS & PROBATE
 Administration pending trial [Order 72 Rule 20]
 [Appointment of Administrator Pendente Lite]

 See: Teresa Terine Pereira & Anor Adrian Sasha Paul

[2017] HC
 The appointment of administrator pendente lite can only be
made if there is some proper object and it is of necessity to
do the same. The necessity for someone to carry on with the
business wholly owned by the deceased and to ensure that it
is a going concern is one of them.
 WILLS & PROBATE
 Burden of Proof
 [Before Grant of Probate]
  
 Gan Yook Chin & Anor v Lee Ing Chin & Ors [2005] 2 MLJ 1
  
 "As regards the burden of proof, the Court of Appeal quite rightly stated the settled law ie
that where the validity of a will was challenged, the burden of proving testamentary
capacity and due execution lay on the propounder of the will as well as dispelling any
suspicious circumstances surrounding the making of the will; that the onus of
establishing any extraneous vitiating element such as undue influence, fraud or forgery
lay with those who challenged the will.
  
 This would mean that in a contested probate matter the Defendant will start the case to
prove testamentary capacity, due execution and to dispel any suspicious circumstances and
thereafter the Plaintiff would have to prove vitiating factors.
 WILLS & PROBATE
 Burden of Proof
 [After Grant of Probate]
  
 Ong Eng Hock & Anor v Ong Chen Guan & Anor [2018] the Federal Court held that:-
 Leave question 1:
 Whether the probate rule that the burden of proving that the instrument so propounded is the last Will
and Testament of the testator applies in a case where the impugned Will has already been admitted
into probate and a sealed grant of probate issued by the High Court?:
  
 Answer:
  
 "Those who propound a Will must show that the Will of which probate is sought is the Will of the
testator... has to prove its due execution and valid execution and if there are any suspicious
circumstances... remove them from the mind of the court... "But where a Will has been admitted to
probate, the person who seeks revocation of the probate has to establish sufficient cause.
  
 WILLS & PROBATE
 FAQ

 1. What if there is no executor named in the Will or the Executor

is legally incapable to act or Executor not willing to act or the
Executor has predeceased the Testator?
 The Court may grant a Letters of Administration with Will
Annexed to persons named in Section 16 (i) to (v) Probate and
Administration Act 1959 i.e.
 (i) a universal or residuary legatee;
 (ii) a personal representative of a deceased universal or
residuary legatee;
 (iii) such person or persons, being beneficiaries under the will,
as would have been entitled to a grant of letters of
administration if the deceased had died intestate;
 (iv) a legatee having a beneficial interest; and
 (v) a creditor of the deceased
2. What if a person to whom grant of
representation has been made and has died leaving
part or all of the estate of the deceased
unadministered?

The Court may upon application by a new

representative a Grant of Letters of Administration
De Bonis Non.
 WILLS & PROBATE
 3. What if the Will is missing or destroyed?


 Section 26 Probate and Administration Act 1959 provides that:-

 Where a will has been destroyed, otherwise than by the act or
with the consent of the testator, probate may be granted of a
copy or draft thereof, or of the contents thereof, if they can be
sufficiently established.

 See:Wong Fong Yin & Anor v Wong Choi Lin & Anor [2013] 4 MLJ
82 HC per Vernon Ong J [as His Lordship was then]:-
 If the original copy of the will has been lost, a presumption may
arise that the Deceased has intentionally destroyed the will, ie
revoked the will. However, this presumption of revocation can
be rebutted by showing that the original copy of the will has
merely been misplaced or unintentionally destroyed..
 WILLS & PROBATE
 4. No Proof of Death.

 Resort can be made to the provision of Section 108 Evidence Act 1950 to
get a declaration that the person is presumed dead. See: Re Gun Soon
Thin [1997] 2 MLJ 351, per Malik Ishak J [as His Lordship was then]
  
 However in Re Osman Bachit [1997] 4 MLJ 445 Augustine Paul JC [as His
Lordship was then] held that:-

 “…such a presumption arises for consideration only when there is a

dispute in a Court or proceeding as to whether a person is alive or dead”
  
 His Lordship opined that:-
 “In my opinion the proper course for the applicant to adopt would be to
apply for letters of administration and prove the death of the deceased in
that proceeding”
WILLS & PROBATE
WILLS & PROBATE
 GRANT OF LETTERS OF ADMINISTRATION
  

 An application for Grant of Letters of Administration is made when:-

 

 When a person dies wholly intestate;

 When the provisions of Section 16 Probate and Administration Act 1959

applies:-
 

 Who can apply in cases of a person dies wholly intestate

 Section 30 Probate and Administration Act 1959

 where the deceased died wholly intestate as to his estate,

administration shall, if application is made for the purpose, be granted to
someone or more of the persons interested in the residuary estate of the
deceased, unless by reason of the insolvency of the estate or other
special circumstances the Court thinks it expedient to grant
administration to some other person.
 
 WILLS & PROBATE
 In any event in a case where person dying wholly intestate after 30.8.1997 the following persons are entitled to a grant of
letters of administration:-
  

o the surviving spouse who is entitled to take the whole estate if there is no issue or parent or parents;

o 

o the surviving spouse and the surviving parent or parents if there is no issue;

o 
o the surviving issue who is entitled to the whole estate if there is no spouse or parent or parents;

o 

o the surviving parent or parents who is or are entitled to the whole estate if there is no spouse or issue

o 

o the surviving spouse and the surviving issues if there is no parent or parents;

o 

o the surviving issue and surviving parent or parents if there is no surviving spouse; and

o 

o the surviving issue, the surviving spouse and the surviving parent or parents
  

 If no surviving spouse, issue, parent or parents the following in the order of priority:-
  

 Brothers and sisters

 Grandparents

 Uncle and aunts

 Great grandparent

 Great grand uncle and great grand aunts

  
 WILLS & PROBATE
 Number of Administrators
  
 Representation may not be granted to more than four (4)
persons. If any beneficiary is an infant the administration
must be granted to not less than two (2) individuals or to
a trust corporation with or without individuals
  
 Section 4(1) & (2) Probate and Administration Act
1959
 WILLS & PROBATE
 Renunciation of Right to Grant
  
 Any person who is entitled to make an application for grant of Letters of Administration may
expressly renounce his/her right to the same.
  
 Section 8 Probate and Administration Act 1959
  
 (1) Any person who is or may become entitled to representation may expressly renounce his
right to the representation.
  
 (2) Renunciation may be made orally by the person renouncing or his advocate, on the hearing of
any petition or probate action, or in writing signed by the person so renouncing and attested
either by an advocate or by any person before whom an affidavit may be sworn.
  
 A written renunciation of a right to a grant under section 3 of the Act shall be in one of the
forms in Form 160. Order 71 Rule 31(4)
 WILLS & PROBATE
 Procedure
  
 Order 71 Rules 5 Rules of Court 2012:-
  
 (1) Every application for a grant shall be made by originating summons in Form 6 and shall be supported by an
affidavit setting out the information in Form 159 and any other information and/or documents as the Registrar may
require.
  
 (2) On an application for a grant of administration the affidavit in support of the originating summons shall state
whether, and if so, in what manner all persons having a prior right to a grant have been cleared off, and whether any
minority or life interest arises under the will or intestacy.
  
 (3) Where the deceased died domiciled outside Malaysia, the affidavit in support of the originating summons shall
state where the deceased died domiciled.
  
 (4) If the affidavit in support of the originating summons states where the deceased died domiciled (whether in or
outside Malaysia) a statement as to the country in which he died domiciled may be included in the grant.
  
 (5) In every affidavit in support of the originating summons-
  
 (a) where any person is named as a relative of the deceased, he shall, if a lawful relative, be so described, and where
the legality of any such relationship is alleged by virtue of any law or custom, such law or custom shall be stated; and
  
 (b) where it is alleged that any person is entitled to share in the distribution of an intestate's estate, it shall be stated
how such person is related to the deceased, and whether he is the only or one of the next-of-kin and by what law or
custom so entitled.
  
 (6) Where an application for a grant is, for the first time, made after the lapse of three years from the death of the
deceased, the reason for the delay in making the application shall be set out in the affidavit in support of the
originating summons.
  
WILLS & PROBATE
 The Original Death Certificate must be surrendered to Court on the hearing date. The applicant must be present in
Court.
  
 The Court may direct the person to whom Letters of Administration is granted to give security for the due
administration of the Estate unless:-
  
 The gross value of the estate does not exceed RM50,000.00
 A Trust Corporation has obtained the Grant of Letters of Administration
 The deceased left no assets but only a chose in action;
 The administrator is the sole beneficiary of the estate;
 The Court dispenses with the need of an administration bond under Section 35(2) Probate and Administration
Act 1959;
  
 In exercising its discretion under Section 35(2) PAA the Court will take into account the standing of the parties,
the nature of the property, the amount of the debts and the extent of the administrator's personal interest in the
distributive share of the estate.
  
  
 WILLS & PROBATE
 DALAM MAHKAMAH TINGGI MALAYA DI ............
 ...................................................
 (BAHAGIAN SIVIL)
 SAMAN PEMULA NO:
  
Dalam perkara Harta Pusaka Mendiang................................... yang telah meninggal dunia pada ..........
   Dan
   Dalam Perkara Seksyen 30 Akta Probet dan Pentadbiran 1959
   Dan

   Dalam Perkara Aturan 71 Kaedah– Kaedah Mahkamah 2012

  
 1. .............................
 (NO.KP:.....................)
  
 2.
 (NO.KP:.............................) …PEMOHON-PEMOHON

 SAMAN PEMULA EX-PARTE

  
 BENARKAN SEMUA PIHAK yang berkenaan hadir di hadapan Timbalan Pendaftar/Penolong Kanan Pendaftar dalam Kamar
Kamar pada…………… haribulan…………2018, untuk mendengarkan satu Permohonan oleh Pemohon dibawah Seksyen 30 Akta
Probet dan Pentadbiran untuk perintah-perintah seperti berikut:-
  
 A) Bahawa satu Surat Mentadbir bagi Harta Pusaka dan Harta Benda kepunyaan Mendiang ...................................Simati yang
tersebut di atas diberikan kepada Pemohon-Pemohon iaitu ........................ dan .........................), iaitu kepada Si Mati.
 B) Bahawa segala kos bagi permohonan ini hendaklah ditanggung dan dibayar dari harta pustaka Si Mati.
WILLS & PROBATE
 C) Lain-lain perintah atau relif yang sesuai dan wajar diberikan atas budibicara Mahkamah Mulia ini.
  
 Alasan –alasan bagi permohonan ini adalah:-

  

a. Mendiang ..........................................., yang semasa hayatnya bermastautin di ......................telah pun meninggal dunia pada ....................... yang
lalu, pada pukul 10.45 pagi di........................., berdomisil di Malaysia dan mempunyai pada masa kematiannya, harta yang berada dalam bidang
kuasa Mahkamah ini;
b.  
c. Surat Kuasa Mentadbir adalah perlu diberikan kepada Pemohon-Pemohon bagi mentadbir dan menguruskan harta pusaka dan harta benda Si
Mati.
d.  
e. Saman Pemula Ex-Parte ini disokong oleh Afidavit Sokong Pemohon-Pemohon............................................ yang difailkan di sini.
  
  
 Bertarikh pada……………. haribulan…………………. 20...
  
  
 ……………………………..
 Penolong Kanan Pendaftar
 Mahkamah Tinggi Malaya
 .......................
  
  
  

  
 Saman Pemula Ex_Parte ini difailkan oleh Tetuan...........................peguamcara Pemohon yang dinamakan diatas yang mempunyai alamat untuk

penyampaian di ..........................
 Ruj: ......................

 Tel: ...........................
 Email: ...........................
WILLS & PROBATE
 DALAM MAHKAMAH TINGGI MALAYA DI ............
 ...................................................
 (BAHAGIAN SIVIL)
 SAMAN PEMULA NO:
  
Dalam perkara Harta Pusaka Mendiang................................... yang telah meninggal dunia pada ..........
   Dan
   Dalam Perkara Seksyen 30 Akta Probet dan Pentadbiran 1959

   Dan

   Dalam Perkara Aturan 71 Kaedah– Kaedah Mahkamah 2012

  

 1. .............................
 (NO.KP:.....................)

  

 2.

 (NO.KP:.............................) …PEMOHON-PEMOHON

  

 AFIDAVIT SOKONGAN UNTUK KUASA MENTADBIR (1)

  

1. Saya, ...........................................seorang warganegara Malaysia yang cukup umur dan mempunyai alamat kediaman
di .....................................dengan ini berikrar dan menyatakan seperti berikut:-
2.  

3. Saya adalah Pemohon Pertama yang dinamakan diatas dan segala pernyataan fakta yang dideposkan disini adalah benar
dalam pengetahuan saya atau dari dokumen dalam milikan saya atau yang mana saya mempunyai akses, kecuali dinyatakan
sebaliknya.
4.  
 WILLS & PROBATE
1. Saya juga menyatakan bahawa mendiang............................................, adalah
...........................saya.
2.
3. Mendiang ...........................................yang semasa hayatnya bermastautin di..............................
telah pun meninggal dunia pada ........................ yang lalu, pada pukul ........................
di.............................., berdomisil di Malaysia dan mempunyai pada masa kematiannya, harta
yang berada dalam bidang kuasa Mahkamah ini;
4.  
5. Sesalinan Sijil Kematian Si Mati adalah dilampirkan di sini dan ditandakan sebagai
eksibit.........................
6.  
7. Keseluruhan harta pusaka dan harta benda Si Mati, boleh alih dan tidak boleh alih, yang berada
dalam bidang kuasa Mahkamah ini tidak termasuk apa yang Si Mati miliki atau berhak
mendapat sebagai pemegang amanah bagi mana-mana orang atau orang-orang lain dan tidak
secara benefisial, tetapi tanpa memotong apa-apa jua yang disebabkan oleh apa-apa hutang
yang kena dibayar atau yang terhutang oleh Si Mati yang melebihi Ringgit Malaysia Sepuluh
Ribu (RM10,000.00) nilainya sepanjang pengetahuan, maklumat dan kepercayaan saya.
8.

9. Sesalinan senarai yang menunjukkan Senarai Aset dan Liabiliti Harta Pusaka Si Mati adalah
dilampirkan di sini dan ditandakan sebagai eksibit.........................
10.  
11. Mendiang ..............................................Si Mati tersebut adalah seorang warganegara Malaysia
yang beragama ......................., telah berkahwin dan telah meninggal dunia tanpa berwasiat
dengan meninggalkan lima (5) orang waris seperti di dalam senarai waris yang dilampirkan
yang mana merupakan waris kadim si mati.
 WILLS & PROBATE
 Sesalinan senarai yang menunjukkan Senarai Waris-Waris Kadim Si Mati adalah dilampirkan di sini sebagai satu ikatan dan ditandakan sebagai
eksibit..................
  
 Terdapat dua (2) lagi orang waris Si Mati yamg mempunyai hak yang setaraf untuk dilantik sebagai seorang pentadbir bagi Harta Pusaka..............................., Si
Mati.
  
 7. Saya sesungguhnya menyatakan bahawa waris-waris yang disenaraikan dibawah telah menolak hak mereka hak untuk dilantik sebagai seorang pentadbir bagi
harta pusaka ...................................., Si Mati iaitu:-
  
 ............................. iaitu ................ Simati;
 ............................... iaitu ..................Simati;


 8. Selanjutnya saya menyatakan bahawa kedua-dua waris yang disebut diatas telah memfailkan Afidavit Penolakan masing-masing dan kesemuanya telah
difailkan disini.
  
 9. Saya juga menyatakan bahawa kedua-dua ibubapa kepada Simati telah meninggal dunia. Sesalinan Sijil Kematian kedua-dua ibubapa Simati di lampirkan
disini dan ditandakan sebagai “Ekshibit
  
 10. Terdapat dua (2) kepentingan minoriti dalam harta pusaka Si Mati tersebut iaitu:-
 a
 b
  
 11. Oleh yang demikian, saya memohon supaya suatu Surat Kuasa Mentadbir bagi Harta Pusaka dan Harta Benda kepunyaan Mendiang...........................,
Simati yang tersebut di atas diberikan saya dan Pemohon Kedua sebagai ................... Si Mati dan juga waris Kadim.
  
 WILLS & PROBATE
 Diikrarkan oleh................... ]
 .................................... ]
 Di Kuala Lumpur ]
 Pada ]
  
 Pesuruhjaya Sumpah
  
  
  
  
  
  
  
  
  
  
 Afidavit ini difailkan oleh Tetuan..........................., peguamcara Pemohon yang dinamakan diatas yang
mempunyai alamat untuk penyampaian di................................
 Ruj:
 Tel:
 Email:
WILLS & PROBATE
 DALAM MAHKAMAH TINGGI MALAYA DI ............
 ...................................................
 (BAHAGIAN SIVIL)
 SAMAN PEMULA NO:
  
Dalam perkara Harta Pusaka Mendiang................................... yang telah meninggal dunia pada ..........
   Dan
   Dalam Perkara Seksyen 30 Akta Probet dan Pentadbiran 1959

   Dan

   Dalam Perkara Aturan 71 Kaedah– Kaedah Mahkamah 2012

  

 1. .............................
 (NO.KP:.....................)

  

 2.

 (NO.KP:.............................) …PEMOHON-PEMOHON

  

 AFIDAVIT SOKONGAN UNTUK KUASA MENTADBIR (1)

  

1. Saya, ...........................................seorang warganegara Malaysia yang cukup umur dan mempunyai alamat kediaman
di .....................................dengan ini berikrar dan menyatakan seperti berikut:-
2.  

3. Saya adalah Pemohon Pertama yang dinamakan diatas dan segala pernyataan fakta yang dideposkan disini adalah benar
dalam pengetahuan saya atau dari dokumen dalam milikan saya atau yang mana saya mempunyai akses, kecuali dinyatakan
sebaliknya.
4.  
 WILLS & PROBATE
 FAQ
  

What if one or more person who is/are entitled to grant refuse to renounce their right to
A.
representation or refuse to apply for a grant of letters of Administration?
 

 Proposed Solution

 

 The person who has the right to file for representation to file necessary cause papers under

Order 71 Rule 5 above;

 

 Then file an ex-parte application under Order 71 Rule 41 Rules of Court 2012 for leave to issue

citation to accept or refuse Administration

 

 Once leave is given file the Citation [See Form 167] and serve the citation on the person cited;

 

 The person cited must enter appearance within 14 days failing which the Court will proceed to

hear the application for Letters of Administration;

 

 If the person cited enters appearance then the person cited shall indicate if he accepts or refuse

letters of administration or show-cause why the same should not be granted to the applicant.
 WILLS & PROBATE
B. How to stop the Court from issuing a Grant of Letters of
Administration?
  

 Lodge a Caveat under Section 33 Probate and Administration Act

1959 & Order 71 Rule 37 Rules of Court 2012

  

 C. How to set-aside a Grant of Letters of Administration

  

 Section 34 of the Probate and Administration Act 1959:-

 Any probate or letters of administration may be revoked or

amended for any sufficient cause.

 Devolution of Property upon Grant of Probate/Letters of Administration
  
 On issuance of Grant of Probate and Grant of Letters of Administration the
Executor/Administrator must first devolve the deceased’s estate to the
Executor/Administrator.
  
 For immovable properties the Executor/Administrator may apply to the
Registrar of Land [Application For Registration As Representative]
  
 Upon transmission of the movable and immovable properties to the
Executor/Administrator then the estate of the deceased must be distributed
according to the Will or Section 6 Distribution Act 1958
 WILLS & PROBATE
 Section 6(1) Distribution Act 1958
  
 (1) After the commencement of this Act, if any person shall die intestate as to any property to which he is beneficially entitled for an
interest which does not cease on his death, such property or the proceeds thereof after payment thereout of the expenses of due
administration shall, subject to the provisions of section 4, be distributed in the manner or be held on the trusts mentioned in this
section, namely:-
  
 (a) if an intestate dies leaving a spouse and no issue and no parent or parents, the surviving spouse shall be entitled to the whole of
the estate;
  
 (b) if an intestate dies leaving no issue but a spouse and a parent or parents, the surviving spouse shall be entitled to one-half of the
estate and the parent or parents shall be entitled to the remaining one-half;
  
 (c)if an intestate dies leaving issue but no spouse -and no parent or parents, the surviving issue shall be entitled to the whole of the
estate;
  
 (d) if an intestate dies leaving no spouse and no issue but a parent or parents, the surviving parent or parents shall be entitled to the
whole of the estate;
  
 (e) if an intestate dies leaving a spouse and issue but no parent or parents, the surviving spouse shall be entitled to one-third of the
estate and the issue the remaining two-thirds;
  
 WILLS & PROBATE
 (f) if an intestate dies leaving no spouse but issue and a parent or parents,
the surviving issue shall be entitled to two- thirds of the estate and the
parent or parents the remaining one-third;


 (g) if an intestate dies leaving a spouse, issue and parent or parents, the
surviving spouse shall be entitled to one-quarter of the estate, the issue shall
be entitled to one-half of the estate and the parent or parents the remaining
one-quarter;
  
 (h) subject to the rights of a surviving spouse or a parent or parents, as
the case may be, the estate of an intestate who leaves issue shall be held on
the trusts set out in section 7 for the issue;
  
 WILLS & PROBATE

(i) if an intestate dies leaving no spouse, issue, parent or parents, the whole of the estate of the intestate shall be held on
trusts for the following persons living at the death of the intestate and in the following order and manner, namely:
  
 Firstly, on the trusts set out in section 7 for the brothers and sisters of the intestate in equal shares; but if no person takes

an absolutely vested interest under such trusts, then;

 

 Secondly, for the grandparents of the intestate, and if more than one survive the intestate in equal shares absolutely; but if

there are no grandparents surviving, then

  
 Thirdly, on the trusts set out in section 7 for the uncles and aunts of the intestate in equal shares; but if no person takes

an absolutely vested interest under such trusts, then

 Fourthly, for the great grandparents of the intestate and if more than one survive the intestate in equal shares absolutely;
but if there are no such great grandparents surviving, then
  
 Fifthly, on the trusts set out in section 7 for the great grand uncles and great grand aunts of the intestate in equal shares.
  
 (j) In default of any person taking an absolute interest under the foregoing provisions the Government shall be entitled to
the whole of the estate except insofar as the same consists of land.
  
 (2) If any person so dying intestate be permitted by his personal law a plurality of wives and shall leave surviving him more
wives than one, such wives shall share among them equally the share which the wife of the intestate would have been
entitled to, had such intestate left one wife only surviving him.
  
 (3) When the intestate and the intestate's husband or wife have died in circumstances rendering it uncertain which of
them survived the other, this section shall, notwithstanding any rule of law to the contrary, have effect as regards the
intestate as if the husband or wife had not survived the intestate.
 WILLS & PROBATE
 Power of Sale by Executor/Administrator
 Section 60 Probate and Administration Act 1959
  
 The power of the Executor to deal and to dispose of property in
case of testate is in the Will. In the absence of such power the
executor need the sanction of the Court to mortgage, charge or
transfer by sale, gift, exchange or otherwise for any immovable
properties.
  
 In cases of intestacy the administrator dealing with the property
of the deceased may not without prior permission/leave of Court,
mortgage, charge or transfer by sale, gift, exchange or otherwise
for any immovable properties for the time being vested in the
Administrator or lease any such property for a term exceeding
five (5) years.
 WILLS & PROBATE
 OTHER JURISDICTION TO GRANT ADMINISTRATION
 [SMALL ESTATE)

 SECTION 3 SMALL ESTATE (DISTRIBUTION) ACT 1955

 Small Estate means an estate of a deceased person consisting wholly or

partly of immovable property situated in any State and not exceeding
two million [RM2,000,000.00] Ringgit in total value

 The Land Administrator of the district where the property is situated

shall have exclusive jurisdiction to deal with the distribution and
administration of the whole estate
 WILLS & PROBATE
 OTHER JURISDICTION TO GRANT ADMINISTRATION

 PUBLIC TRUST CORPORATION ACT 1995

  
 The Corporation [Amanah Raya Berhad] may, on its own application or on
the application of any other person, be granted probates of will or letters
of administration by the Court

 See; Section 13 Public Trust Corporation Act 1995

WILLS & PROBATE

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WILLS & PROBATE