Administration of estates in Malaysia: Determinant of factors behind the delay in the distribution of the deceased’s asset
The distribution of the deceased’s estate depends on the smooth process of estate administration. Apart from the personal representative, the beneficiaries hold a significant role in the administration, not as recipients of the deceased’s estate but as participants in the estate administration pro...
| Main Authors: | , |
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| Format: | Article |
| Language: | English |
| Published: |
Penerbit Universiti Sultan Zainal Abidin
2018
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| Subjects: | |
| Online Access: | http://irep.iium.edu.my/64870/ http://irep.iium.edu.my/64870/ http://irep.iium.edu.my/64870/ http://irep.iium.edu.my/64870/1/journal%20of%20nusantara%20studies.pdf |
| Summary: | The distribution of the deceased’s estate depends on the smooth process of estate administration. Apart
from the personal representative, the beneficiaries hold a significant role in the administration, not as
recipients of the deceased’s estate but as participants in the estate administration process. Despite the
clear laws governing the succession matters in Malaysia, issues of delay in distribution of estate
continue to occur, being the result of unresolved disputes between the beneficiaries. As a result, there
are over sixty billion ringgit worth of unclaimed estate in Malaysia as reported by various sources,
indicating the seriousness of the matter. This paper addresses the problems of delay in the
administration of the estates and analyzes its causes and implications. The lack of knowledge and the
attitude of the beneficiaries has been identified as the key factors which lead to such problem. This
paper is based primarily on the analysis of written sources namely conference papers, textbooks,
statutes, case laws, journals and other library-based documents. The findings in this article show that
there is a need for a cohesive approach to educate the beneficiaries of the law and to change their
attitude in understanding their actual roles in the deceased’s estate administration. |
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