Overview of family disputes in administration of estates: Analysis on mediation as effective dispute resolution mechanism
Family dispute is one of the issues that occur in the administration of the deceased’s estate. Such dispute may happen at any stage in estate administration, ranging from the application of letters of representation until the distribution of the deceased’s asset. The occurrence of family dispute...
| Main Authors: | , , , |
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| Format: | Conference or Workshop Item |
| Language: | English |
| Published: |
Ahmad Ibrahim Kulliyyah of Laws (AIKOL), International Islamic University Malaysia
2017
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| Subjects: | |
| Online Access: | http://irep.iium.edu.my/57608/ http://irep.iium.edu.my/57608/ http://irep.iium.edu.my/57608/13/57608-Overview%20of%20Family%20Disputes%20in%20Administration%20of%20Estates.pdf |
| Summary: | Family dispute is one of the issues that occur in the administration of the deceased’s
estate. Such dispute may happen at any stage in estate administration, ranging from the
application of letters of representation until the distribution of the deceased’s asset. The
occurrence of family dispute tends to adversely affect the administration and may lead
to delay in the distribution which at the same time, rendered the process incomplete.
Despite the seriousness of family dispute in estate administration, there is however, no
specific method in resolving family dispute apart from the litigation process. Litigation
is considered unsuitable in this case due to its inability to address the emotional grief
suffered by the parties in addition to its time consuming and relatively expensive cost.
Mediation on the other hand, is seen as a potential dispute resolution mechanism
thanks to its effective method in addressing the core issues in family dispute. This paper
addresses the overview of family dispute as well as analyses mediation in addressing and
resolving the issue in the administration of estate. The study undertakes a library based
study as a selected research method through the analysis of selected materials including
journal articles, textbooks, statutes and cases. The finding from this paper indicates that
mediation excels in resolving family disputes
due to its ability in remedying the emotional distress suffered mainly by the beneficiaries.
It is suggested that the administrative bodies primarily, should start to take the initiative
in introducing mediation in an effort to improve the process of estate administration in
Malaysia |
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