Post MH370 mysterious disappearance: presumption of death in estate administration of a missing person

After 327 days since Malaysia Airlines Flight 370 disappearance, Malaysian government on 28 January 2015 has officially declared the loss of MH370 during a flight from Kuala Lumpur to Beijing as an accident and all of its 239 passengers and crew were ‘presumed dead’. The declaration is made in accor...

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Main Authors:	Mohd Noor , Nor Azlina, Halim, Akmal Hidayah
Format:	Conference or Workshop Item
Language:	English
Published:	2015
Subjects:	KPG Malaysia
Online Access:	http://irep.iium.edu.my/49150/ http://irep.iium.edu.my/49150/ http://irep.iium.edu.my/49150/1/49150.pdf

id	iium-49150
recordtype	eprints
spelling	iium-491502017-11-30T08:35:50Z http://irep.iium.edu.my/49150/ Post MH370 mysterious disappearance: presumption of death in estate administration of a missing person Mohd Noor , Nor Azlina Halim, Akmal Hidayah KPG Malaysia After 327 days since Malaysia Airlines Flight 370 disappearance, Malaysian government on 28 January 2015 has officially declared the loss of MH370 during a flight from Kuala Lumpur to Beijing as an accident and all of its 239 passengers and crew were ‘presumed dead’. The declaration is made in accordance with the Standards of Annexes 12 and 13 to the Chicago Convention on International Civil Aviation. Therefore this paper aims to examine the regulation relating to presumption of death and its effect to the estate administration of missing person. The discussion will deliberate the issue of whether the official declaration made by the government is a conclusive evidence for the estate beneficiaries to apply for grant of probate or letter of administration from the respective administrative bodies. The position in United States and United Kingdom will also be analyzed. The study adopts the doctrinal analysis by examining the existing primary and secondary materials including statutory provisions as provided in the Probate and Administration Act 1959 (Act 97), Rules of Court 2012, Evidence Act 1950 (Act 56) , Syariah Court Evidence (Federal Territories) Act 1997, case law and other legal and non-legal literatures. The paper concludes that the official declaration made by the government provides only room for the family members to apply for a declaratory order of presumption of death from the High Court before they can have the locus standi to deal with the estate administration process. It is also conclude that the current law regarding presumption of death is not sufficient and cannot be regarded as formulative of satisfactory guiding lines in administrating estate of missing person. 2015 Conference or Workshop Item PeerReviewed application/pdf en http://irep.iium.edu.my/49150/1/49150.pdf Mohd Noor , Nor Azlina and Halim, Akmal Hidayah (2015) Post MH370 mysterious disappearance: presumption of death in estate administration of a missing person. In: The 8th UUM International Legal Conference 2015, 25th -26th Aug. 2015, Golden Flower Hotel, Bandung, Indonesia. http://lawconference.uum.edu.my/
repository_type	Digital Repository
institution_category	Local University
institution	International Islamic University Malaysia
building	IIUM Repository
collection	Online Access
language	English
topic	KPG Malaysia
spellingShingle	KPG Malaysia Mohd Noor , Nor Azlina Halim, Akmal Hidayah Post MH370 mysterious disappearance: presumption of death in estate administration of a missing person
description	After 327 days since Malaysia Airlines Flight 370 disappearance, Malaysian government on 28 January 2015 has officially declared the loss of MH370 during a flight from Kuala Lumpur to Beijing as an accident and all of its 239 passengers and crew were ‘presumed dead’. The declaration is made in accordance with the Standards of Annexes 12 and 13 to the Chicago Convention on International Civil Aviation. Therefore this paper aims to examine the regulation relating to presumption of death and its effect to the estate administration of missing person. The discussion will deliberate the issue of whether the official declaration made by the government is a conclusive evidence for the estate beneficiaries to apply for grant of probate or letter of administration from the respective administrative bodies. The position in United States and United Kingdom will also be analyzed. The study adopts the doctrinal analysis by examining the existing primary and secondary materials including statutory provisions as provided in the Probate and Administration Act 1959 (Act 97), Rules of Court 2012, Evidence Act 1950 (Act 56) , Syariah Court Evidence (Federal Territories) Act 1997, case law and other legal and non-legal literatures. The paper concludes that the official declaration made by the government provides only room for the family members to apply for a declaratory order of presumption of death from the High Court before they can have the locus standi to deal with the estate administration process. It is also conclude that the current law regarding presumption of death is not sufficient and cannot be regarded as formulative of satisfactory guiding lines in administrating estate of missing person.
format	Conference or Workshop Item
author	Mohd Noor , Nor Azlina Halim, Akmal Hidayah
author_facet	Mohd Noor , Nor Azlina Halim, Akmal Hidayah
author_sort	Mohd Noor , Nor Azlina
title	Post MH370 mysterious disappearance: presumption of death in estate administration of a missing person
title_short	Post MH370 mysterious disappearance: presumption of death in estate administration of a missing person
title_full	Post MH370 mysterious disappearance: presumption of death in estate administration of a missing person
title_fullStr	Post MH370 mysterious disappearance: presumption of death in estate administration of a missing person
title_full_unstemmed	Post MH370 mysterious disappearance: presumption of death in estate administration of a missing person
title_sort	post mh370 mysterious disappearance: presumption of death in estate administration of a missing person
publishDate	2015
url	http://irep.iium.edu.my/49150/ http://irep.iium.edu.my/49150/ http://irep.iium.edu.my/49150/1/49150.pdf
first_indexed	2023-09-18T21:09:32Z
last_indexed	2023-09-18T21:09:32Z
_version_	1777411159275601920

Post MH370 mysterious disappearance: presumption of death in estate administration of a missing person

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