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...
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| Format: | Conference or Workshop Item |
| Language: | English |
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Ahmad Ibrahim Kulliyyah of Laws (AIKOL), International Islamic University Malaysia
2017
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| 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 |
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iium-57608 |
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eprints |
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iium-576082018-01-13T06:31:32Z http://irep.iium.edu.my/57608/ Overview of family disputes in administration of estates: Analysis on mediation as effective dispute resolution mechanism Drs Nasrul, Muhammad Amrullah Abdul Hak, Nora Mohd Salim, Wan Noraini Halim, Akmal Hidayah KPG Malaysia 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 Ahmad Ibrahim Kulliyyah of Laws (AIKOL), International Islamic University Malaysia 2017 Conference or Workshop Item PeerReviewed application/pdf en http://irep.iium.edu.my/57608/13/57608-Overview%20of%20Family%20Disputes%20in%20Administration%20of%20Estates.pdf Drs Nasrul, Muhammad Amrullah and Abdul Hak, Nora and Mohd Salim, Wan Noraini and Halim, Akmal Hidayah (2017) Overview of family disputes in administration of estates: Analysis on mediation as effective dispute resolution mechanism. In: International Conference on Dispute Resolution 2017 - Modern Trends in Effective Dispute Resolution, 9-10 Aug 2017, Kuala Lumpur. https://icdr2017.org/ |
| 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 Drs Nasrul, Muhammad Amrullah Abdul Hak, Nora Mohd Salim, Wan Noraini Halim, Akmal Hidayah Overview of family disputes in administration of estates: Analysis on mediation as effective dispute resolution mechanism |
| description |
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 |
| format |
Conference or Workshop Item |
| author |
Drs Nasrul, Muhammad Amrullah Abdul Hak, Nora Mohd Salim, Wan Noraini Halim, Akmal Hidayah |
| author_facet |
Drs Nasrul, Muhammad Amrullah Abdul Hak, Nora Mohd Salim, Wan Noraini Halim, Akmal Hidayah |
| author_sort |
Drs Nasrul, Muhammad Amrullah |
| title |
Overview of family disputes in administration of estates: Analysis on mediation as effective dispute resolution mechanism |
| title_short |
Overview of family disputes in administration of estates: Analysis on mediation as effective dispute resolution mechanism |
| title_full |
Overview of family disputes in administration of estates: Analysis on mediation as effective dispute resolution mechanism |
| title_fullStr |
Overview of family disputes in administration of estates: Analysis on mediation as effective dispute resolution mechanism |
| title_full_unstemmed |
Overview of family disputes in administration of estates: Analysis on mediation as effective dispute resolution mechanism |
| title_sort |
overview of family disputes in administration of estates: analysis on mediation as effective dispute resolution mechanism |
| publisher |
Ahmad Ibrahim Kulliyyah of Laws (AIKOL), International Islamic University Malaysia |
| publishDate |
2017 |
| url |
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 |
| first_indexed |
2023-09-18T21:21:27Z |
| last_indexed |
2023-09-18T21:21:27Z |
| _version_ |
1777411908908875776 |