Managing and preserving the estates of a deceased's person: the extent of personal representatives' powers and liabilities in Malaysia

A personal representative is a fiduciary put in charge of administering the estate of a deceased’s person. The personal representative must at the utmost act with the highest degree of trustworthiness and good faith to ensure that the estate is administered accordingly. As the personal represe...

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Main Authors:	Halim, Akmal Hidayah, Mohd Noor , Nor Azlina
Format:	Article
Language:	English
Published:	AENSI Publisher 2014
Subjects:	K Law (General)
Online Access:	http://irep.iium.edu.my/37920/ http://irep.iium.edu.my/37920/ http://irep.iium.edu.my/37920/7/Aust._J._Basic_%26_Appl._Sci._2014.pdf

id	iium-37920
recordtype	eprints
spelling	iium-379202016-10-21T01:51:37Z http://irep.iium.edu.my/37920/ Managing and preserving the estates of a deceased's person: the extent of personal representatives' powers and liabilities in Malaysia Halim, Akmal Hidayah Mohd Noor , Nor Azlina K Law (General) A personal representative is a fiduciary put in charge of administering the estate of a deceased’s person. The personal representative must at the utmost act with the highest degree of trustworthiness and good faith to ensure that the estate is administered accordingly. As the personal representative steps into the dead man’s shoes, he is vested with some powers to enable him to manage and preserve the estate. Nevertheless, one question that has nagged the office of personal representative is that what should be the extent of his liabilities for any losses resulting from actions taken in the course of exercising his powers. Hence, this paper seeks to examine the powers vested in a personal representative and to identify the extent of the personal representative’s liabilities in dealing with the deceased’s estate. For this purpose, the discussion focuses to analyze relevant statutory provisions as provided by the Probate and Administration Act 1959. An analysis of the decided cases is also made to determine the rights of the personal representative in the exercise of his powers and the available remedy to the legal heirs in cases of mismanagement or negligence on part of the personal representative. The paper predicates that as the personal representative holds a fiduciary duty to ensure that the estate is administered accordingly, he needs to conform to the fiduciary duties and standard of conduct, failing which would result in personal liability or legal action instituted against him by the legal heirs or other interested parties. AENSI Publisher 2014 Article NonPeerReviewed application/pdf en http://irep.iium.edu.my/37920/7/Aust._J._Basic_%26_Appl._Sci._2014.pdf Halim, Akmal Hidayah and Mohd Noor , Nor Azlina (2014) Managing and preserving the estates of a deceased's person: the extent of personal representatives' powers and liabilities in Malaysia. Australian Journal of Basic and Applied Sciences, 8 (13). 663 -669. ISSN 1991-8178 http://www.ajbasweb.com/old/ajbas_August_2014.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 Mohd Noor , Nor Azlina Managing and preserving the estates of a deceased's person: the extent of personal representatives' powers and liabilities in Malaysia
description	A personal representative is a fiduciary put in charge of administering the estate of a deceased’s person. The personal representative must at the utmost act with the highest degree of trustworthiness and good faith to ensure that the estate is administered accordingly. As the personal representative steps into the dead man’s shoes, he is vested with some powers to enable him to manage and preserve the estate. Nevertheless, one question that has nagged the office of personal representative is that what should be the extent of his liabilities for any losses resulting from actions taken in the course of exercising his powers. Hence, this paper seeks to examine the powers vested in a personal representative and to identify the extent of the personal representative’s liabilities in dealing with the deceased’s estate. For this purpose, the discussion focuses to analyze relevant statutory provisions as provided by the Probate and Administration Act 1959. An analysis of the decided cases is also made to determine the rights of the personal representative in the exercise of his powers and the available remedy to the legal heirs in cases of mismanagement or negligence on part of the personal representative. The paper predicates that as the personal representative holds a fiduciary duty to ensure that the estate is administered accordingly, he needs to conform to the fiduciary duties and standard of conduct, failing which would result in personal liability or legal action instituted against him by the legal heirs or other interested parties.
format	Article
author	Halim, Akmal Hidayah Mohd Noor , Nor Azlina
author_facet	Halim, Akmal Hidayah Mohd Noor , Nor Azlina
author_sort	Halim, Akmal Hidayah
title	Managing and preserving the estates of a deceased's person: the extent of personal representatives' powers and liabilities in Malaysia
title_short	Managing and preserving the estates of a deceased's person: the extent of personal representatives' powers and liabilities in Malaysia
title_full	Managing and preserving the estates of a deceased's person: the extent of personal representatives' powers and liabilities in Malaysia
title_fullStr	Managing and preserving the estates of a deceased's person: the extent of personal representatives' powers and liabilities in Malaysia
title_full_unstemmed	Managing and preserving the estates of a deceased's person: the extent of personal representatives' powers and liabilities in Malaysia
title_sort	managing and preserving the estates of a deceased's person: the extent of personal representatives' powers and liabilities in malaysia
publisher	AENSI Publisher
publishDate	2014
url	http://irep.iium.edu.my/37920/ http://irep.iium.edu.my/37920/ http://irep.iium.edu.my/37920/7/Aust._J._Basic_%26_Appl._Sci._2014.pdf
first_indexed	2023-09-18T20:54:23Z
last_indexed	2023-09-18T20:54:23Z
_version_	1777410205921837056

Managing and preserving the estates of a deceased's person: the extent of personal representatives' powers and liabilities in Malaysia

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