Description
This book provides an in-depth discussion of the law and procedure in Malaysia relating to the grant of probate by the High Court both under contentious and non-contentious proceedings. It also focuses on the law and procedure for the administration of estates by the High Court ranging from the appropriate application for letters of representation to the process of distribution to the beneficiaries.
The book further keeps the focus on the law and procedure relating to the administration of estates by the administrative bodies of the Estate Distribution Division and the Public Trust Corporation (Amanah Raya Berhad). It also discusses the Islamic Estate Administration guided by the Syariah Court. This book cites more than 400 cases.
TABLE OF CONTENTS
CHAPTER 1 THE OFFICE OF THE PERSONAL REPRESENTATIVE
1.1 INTRODUCTION
1.2 APPLICABLE LAW
1.3 OFFICE OF THE EXECUTOR
1.4 OFFICE OF THE ADMINISTRATOR
1.5 SPECIFIC FUNCTIONS OF THE PERSONAL REPRESENTATIVES
CHAPTER 2 PROCEDURES IN THE HIGH COURT
2.1 INTRODUCTION
2.2 NON-CONTENTIOUS & CONTENTIOUS PROBATE PROCEEDINGS
2.3 CONTENTIOUS PROBATE PROCEEDINGS
CHAPTER 3 ADMINISTRATION UNDER THE SMALL ESTATES DISTRIBUTION ACT 1965
3.1 INTRODUCTION
3.2 Petition For Distribution
3.3 Procedure upon lodging petition
3.4 Stay of proceedings
3.5 Service of notice of application for distribution
3.6 Minors or persons of unsound mind as representatives
3.7 Hearing procedure of applications
3.8 “COLLATERAL DISPUTES”
3.9 POST-HEARING PROCEDURE
3.10 SUMMARY DISTRIBUTION OF SMALL ESTATES & LETTERS OF ADMINISTRATION PENDENTE LITE
3.11 LETTERS OF ADMINISTRATION
3.12 FURTHER APPLICATIONS
3.13 APPEALS & OTHER PROVISIONS
CHAPTER 4 PROCEDURES IN THE PUBLIC TRUST CORPORATION AMANAH RAYA BERHAD
4.1 INTRODUCTION
4.2 Administration of estates by Amanah Raya Berhad
CHAPTER 5 AL’WASSIYAH: THE MUSLIM WILL
5.1 INTRODUCTION
5.2 Al-WASSIYAH AS DEFINED BY THE FOUR (4) SUNNI SCHOOLS
5.3 THE FOUR (4) CONDITIONS OF AL-WASSIYAH
5.4 A MAXIMUM BEQUEST OF 1/3 (ONE-THIRD)
5.5 THE EXECUTOR
5.6 AL-FARAID IN THE CONTEXT OF AL-WASSIYAH
5.7 ADVANTAGES OF AL-WASSIYAH
5.8 THE STATUTORY POSITION OF AL-WASSIYAHIN MALAYSIA
5.9 AL-MUSI [THE TESTATOR]
5.10 AL-MUSALAHU [THE BENEFICIARY]
5.11 AL-MUSABIHI [THE SUBJECT-MATTER]
5.12 SIGHAH [OFFER & ACCEPTANCE]
5.13 WASSIYAH WAJIBAH [OBLIGATORY BEQUEST]
5.14 COMMENTARY
CHAPTER 6 “AL-HIBAH”: The Islamic Gift -Intervivos
6.1 INTRODUCTION
6.2 CONDITIONS PRECEDENT IN HIBAH
6.3 THE STATUTORY POSITION OF HIBAH IN MALAYSIA
6.3.1 Hibah viz-a-viz Section 26 of the Contracts Act 1950
6.4 THE FORMALITIES OF HIBAH
6.5 HIBAH & TRUST: HIBAH AMANAH
6.6 HIBAH TRUST & THE CONVENTIONAL LIVING TRUST
6.7 COMMENTARY
CHAPTER 7 HARTA SEPENCARIAN: Matrimonial Division of Property
7.1 GENERAL PRINCIPLES
CHAPTER 8 ADMINISTRATION OF MUSLIM ESTATES
8.1 INTRODUCTION
8.2 DISTRIBUTION OF A MUSLIM ESTATE – Faraid Distribution
ABOUT THE AUTHOR:
Dato’ R.K.Nandy is an Advocate and Solicitor of the High Court of Malaya (non-practicing). Having been in the housing development business for the past 9 years, he was in active legal practice for several years specializing in housing development law. Besides this book, the author’s other literary accomplishments and publications are as follows:
– Law of Wills in Malaysia and Singapore | Aug 2023
– Injunctions & Specific Performance in Malaysia | Nov 2023
– The Wealth Manager’s Guide to Islamic & Conventional (Wealth Management) | Oct 2023
– The Fundamentals of Islamic Wealth Management (Syariah & Legal Principles).
– The Islamic Worldview of Money, Social Finance, Wealth & Financial Wellbeing (Malaysia, Singapore & Brunei).
– The Student’s Guide to the Administration of Estates in Malaysia.
– Trustees Duties, Responsibilities & Liabilities in Malaysia.
– Islamic Estate Planning & Administration of Estates, Malaysia.
– Instruments of Dealings & Caveats in Malaysia.
Education:
– The author holds a Bachelor of Law degree from the University of Wales, United Kingdom, and was in active legal practice in Malaysia, before he ventured into the Property Development arena and the academia, over the past many years.
The author is also the course and content creator and the founder of the Professional Diploma Courses:
– Professional Diploma in Trust Management (Islamic & Non-Islamic).
– Professional Diploma in Estate Planning & Trust Management (Islamic & Non-Islamic).
– Professional Diploma in Conveyancing in Malaysia.
which are awarded by the London Examination Board of the United Kingdom.
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