Administration of Testate Estates: A Malaysian Identity

When a person dies and leaves behind a will, he is said to have died testate. In Malaysia, regardless of the estate value, the High Court has the jurisdiction to deal with a testate estate by virtue of section 24(f) of the Courts of Judicature Act 1964 (Act 91). The jurisdiction of the High Court...

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Bibliographic Details
Main Author:	Halim, Akmal Hidayah
Format:	Conference or Workshop Item
Language:	English English
Published:	2012
Subjects:	K Law (General)
Online Access:	http://irep.iium.edu.my/28151/ http://irep.iium.edu.my/28151/1/full_paper.doc http://irep.iium.edu.my/28151/2/akmal2.pdf

id	iium-28151
recordtype	eprints
spelling	iium-281512013-02-13T11:00:44Z http://irep.iium.edu.my/28151/ Administration of Testate Estates: A Malaysian Identity Halim, Akmal Hidayah K Law (General) When a person dies and leaves behind a will, he is said to have died testate. In Malaysia, regardless of the estate value, the High Court has the jurisdiction to deal with a testate estate by virtue of section 24(f) of the Courts of Judicature Act 1964 (Act 91). The jurisdiction of the High Court relating to the grant of probate and letters of administration to the executor and administrator respectively is exclusive in any case where the deceased has left a valid will or other testamentary disposition. Nevertheless, as for the estate of a Muslim who dies testate, the nature of the will needs to be ascertained. This is due to the reason that the application for the administration of the estate will have to be made at the High Court only in cases where the will contains the appointment of an executor that necessitates the application for probate. If there is no such provision and the will only contains the disposition of the deceased’s property, the jurisdiction to deal with the validity of such will lies with the Syariah Court. In this respect, it is said that the jurisdiction of the High Court to deal with the testate estates of Muslims is not exclusive. Hence, this paper seeks to analyze the relevant law in the administration of testate estates of both Muslims and non-Muslims in Malaysia. An analysis will also be made to the jurisdiction of the Civil High Court in procedural matters and the jurisdiction of the Syariah Court in substantive matters relating to the Muslims’ wills in Malaysia. 2012-05 Conference or Workshop Item NonPeerReviewed application/pdf en http://irep.iium.edu.my/28151/1/full_paper.doc application/pdf en http://irep.iium.edu.my/28151/2/akmal2.pdf Halim, Akmal Hidayah (2012) Administration of Testate Estates: A Malaysian Identity. In: 9th ASLI Conference, 31st May-1st June 2012, NUS, Singapore. (Unpublished)
repository_type	Digital Repository
institution_category	Local University
institution	International Islamic University Malaysia
building	IIUM Repository
collection	Online Access
language	English English
topic	K Law (General)
spellingShingle	K Law (General) Halim, Akmal Hidayah Administration of Testate Estates: A Malaysian Identity
description	When a person dies and leaves behind a will, he is said to have died testate. In Malaysia, regardless of the estate value, the High Court has the jurisdiction to deal with a testate estate by virtue of section 24(f) of the Courts of Judicature Act 1964 (Act 91). The jurisdiction of the High Court relating to the grant of probate and letters of administration to the executor and administrator respectively is exclusive in any case where the deceased has left a valid will or other testamentary disposition. Nevertheless, as for the estate of a Muslim who dies testate, the nature of the will needs to be ascertained. This is due to the reason that the application for the administration of the estate will have to be made at the High Court only in cases where the will contains the appointment of an executor that necessitates the application for probate. If there is no such provision and the will only contains the disposition of the deceased’s property, the jurisdiction to deal with the validity of such will lies with the Syariah Court. In this respect, it is said that the jurisdiction of the High Court to deal with the testate estates of Muslims is not exclusive. Hence, this paper seeks to analyze the relevant law in the administration of testate estates of both Muslims and non-Muslims in Malaysia. An analysis will also be made to the jurisdiction of the Civil High Court in procedural matters and the jurisdiction of the Syariah Court in substantive matters relating to the Muslims’ wills in Malaysia.
format	Conference or Workshop Item
author	Halim, Akmal Hidayah
author_facet	Halim, Akmal Hidayah
author_sort	Halim, Akmal Hidayah
title	Administration of Testate Estates: A Malaysian Identity
title_short	Administration of Testate Estates: A Malaysian Identity
title_full	Administration of Testate Estates: A Malaysian Identity
title_fullStr	Administration of Testate Estates: A Malaysian Identity
title_full_unstemmed	Administration of Testate Estates: A Malaysian Identity
title_sort	administration of testate estates: a malaysian identity
publishDate	2012
url	http://irep.iium.edu.my/28151/ http://irep.iium.edu.my/28151/1/full_paper.doc http://irep.iium.edu.my/28151/2/akmal2.pdf
first_indexed	2023-09-18T20:41:38Z
last_indexed	2023-09-18T20:41:38Z
_version_	1777409404648292352

Administration of Testate Estates: A Malaysian Identity

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