Choice of Law and Recognition of Foreign Orders in the Administration of Estates in Malaysia

Administration of estates is not confined to only administering the deceased’s estate in a particular place or country. It covers the administration of the whole of his estates wherever situated. Generally, the lexsitus or the law of the place in which the property is situated governs the adminis...

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Main Authors:	Halim, Akmal Hidayah, Arshad, Azhani
Format:	Article
Language:	English
Published:	INSI Publications 2012
Subjects:	K Law (General)
Online Access:	http://irep.iium.edu.my/28410/ http://irep.iium.edu.my/28410/ http://irep.iium.edu.my/28410/1/17-21.pdf

id	iium-28410
recordtype	eprints
spelling	iium-284102013-08-20T01:15:32Z http://irep.iium.edu.my/28410/ Choice of Law and Recognition of Foreign Orders in the Administration of Estates in Malaysia Halim, Akmal Hidayah Arshad, Azhani K Law (General) Administration of estates is not confined to only administering the deceased’s estate in a particular place or country. It covers the administration of the whole of his estates wherever situated. Generally, the lexsitus or the law of the place in which the property is situated governs the administration of immovable property while the law of the deceased’s domicile or lex domicilii for the movable property. In practice, an application for grant of representation will be made to the court of the deceased domiciled country for the purpose of administering the deceased’s estate. However where the deceased died leaving behindproperty situated in a foreign country, such grant will not suffice to administer the estate of the deceased person until it has been recognized by the court within the jurisdiction. In Malaysia,the High Court has an exclusive jurisdiction in the administration of the deceased’s estate especially in cases of choice of law and recognizing any foreign order in interjurisdictional cases of estate administration. Hence, this paper seeks to provide an overview of the administration of estates in Malaysia, its choice of law and further ascertain the extent to which the Malaysian courts will recognise and enforce the orders made by the courts of another. The law and procedure relating to the resealing of the foreign grant of representation or orders and the alternatives thereto are also propounded accordingly. INSI Publications 2012 Article PeerReviewed application/pdf en http://irep.iium.edu.my/28410/1/17-21.pdf Halim, Akmal Hidayah and Arshad, Azhani (2012) Choice of Law and Recognition of Foreign Orders in the Administration of Estates in Malaysia. Australian Journal of Basic and Applied Sciences, 6 (11). pp. 17-21. ISSN 1991-8178 http://www.ajbasweb.com/index.html
repository_type	Digital Repository
institution_category	Local University
institution	International Islamic University Malaysia
building	IIUM Repository
collection	Online Access
language	English
topic	K Law (General)
spellingShingle	K Law (General) Halim, Akmal Hidayah Arshad, Azhani Choice of Law and Recognition of Foreign Orders in the Administration of Estates in Malaysia
description	Administration of estates is not confined to only administering the deceased’s estate in a particular place or country. It covers the administration of the whole of his estates wherever situated. Generally, the lexsitus or the law of the place in which the property is situated governs the administration of immovable property while the law of the deceased’s domicile or lex domicilii for the movable property. In practice, an application for grant of representation will be made to the court of the deceased domiciled country for the purpose of administering the deceased’s estate. However where the deceased died leaving behindproperty situated in a foreign country, such grant will not suffice to administer the estate of the deceased person until it has been recognized by the court within the jurisdiction. In Malaysia,the High Court has an exclusive jurisdiction in the administration of the deceased’s estate especially in cases of choice of law and recognizing any foreign order in interjurisdictional cases of estate administration. Hence, this paper seeks to provide an overview of the administration of estates in Malaysia, its choice of law and further ascertain the extent to which the Malaysian courts will recognise and enforce the orders made by the courts of another. The law and procedure relating to the resealing of the foreign grant of representation or orders and the alternatives thereto are also propounded accordingly.
format	Article
author	Halim, Akmal Hidayah Arshad, Azhani
author_facet	Halim, Akmal Hidayah Arshad, Azhani
author_sort	Halim, Akmal Hidayah
title	Choice of Law and Recognition of Foreign Orders in the Administration of Estates in Malaysia
title_short	Choice of Law and Recognition of Foreign Orders in the Administration of Estates in Malaysia
title_full	Choice of Law and Recognition of Foreign Orders in the Administration of Estates in Malaysia
title_fullStr	Choice of Law and Recognition of Foreign Orders in the Administration of Estates in Malaysia
title_full_unstemmed	Choice of Law and Recognition of Foreign Orders in the Administration of Estates in Malaysia
title_sort	choice of law and recognition of foreign orders in the administration of estates in malaysia
publisher	INSI Publications
publishDate	2012
url	http://irep.iium.edu.my/28410/ http://irep.iium.edu.my/28410/ http://irep.iium.edu.my/28410/1/17-21.pdf
first_indexed	2023-09-18T20:41:55Z
last_indexed	2023-09-18T20:41:55Z
_version_	1777409421797752832

Choice of Law and Recognition of Foreign Orders in the Administration of Estates in Malaysia

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