Finding the right personal representative to the deceased in estate administration: expounding the Malaysian Legal considerations

Personal representation is a noblest obligation in the deceased’s estate administration. The person appointed as personal representative is entrusted with the highest degree of honesty and good faith in discharging his statutory obligations. They have sworn vide the grant letter of representation t...

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Main Authors:	Mohd Noor, Nor Azlina, Halim, Akmal Hidayah
Format:	Article
Language:	English
Published:	The CLJ Legal Network Sdn Bhd 2016
Subjects:	K Law (General)
Online Access:	http://irep.iium.edu.my/54526/ http://irep.iium.edu.my/54526/ http://irep.iium.edu.my/54526/1/A_2016_1_LNS_lxxii.pdf

id	iium-54526
recordtype	eprints
spelling	iium-545262017-01-31T04:13:01Z http://irep.iium.edu.my/54526/ Finding the right personal representative to the deceased in estate administration: expounding the Malaysian Legal considerations Mohd Noor, Nor Azlina Halim, Akmal Hidayah K Law (General) Personal representation is a noblest obligation in the deceased’s estate administration. The person appointed as personal representative is entrusted with the highest degree of honesty and good faith in discharging his statutory obligations. They have sworn vide the grant letter of representation that they will solemnly and faithfully administer the deceased’s estate and to render a just and true account relating to the estate administration. The question to be considered is who would be the capable and illegible person to be appointed as personal representative? This question is relevant as the law vests enormous powers to the personal representative and therefore putting the estate beneficiaries in the danger of being victimise by abusive acts of dishonest personal representative. Therefore the act of appointing a right personal representative is a necessity in the estate administration. Hence this paper seeks to examine the Court’s tendency in the appointment of personal representative in order to protect the interest of estate’s beneficiaries. For this purpose, the paper analyses relevant statutory provisions as provided by Probate and Administration Act 1959. An analysis of the decided cases is also made to identify the requirement given by law in choosing the personal representative. This paper concludes that there is no hard and fast rule pertaining to the requirement of law in choosing a personal representative to the deceased’s estate. With the exclusion of a minor and unsound mind, any other person can be appointed as personal representative. What matter most is after being appointed as personal representative, they must carry out their job carefully and judiciously in which any failure to properly do so may give right to the estate beneficiaries to take legal action against them. The CLJ Legal Network Sdn Bhd 2016-08 Article PeerReviewed application/pdf en http://irep.iium.edu.my/54526/1/A_2016_1_LNS_lxxii.pdf Mohd Noor, Nor Azlina and Halim, Akmal Hidayah (2016) Finding the right personal representative to the deceased in estate administration: expounding the Malaysian Legal considerations. Legal Network Series, 34. pp. 1-14. http://www.cljlaw.com/bulletin/?CLJBulletin;2016;34;b
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) Mohd Noor, Nor Azlina Halim, Akmal Hidayah Finding the right personal representative to the deceased in estate administration: expounding the Malaysian Legal considerations
description	Personal representation is a noblest obligation in the deceased’s estate administration. The person appointed as personal representative is entrusted with the highest degree of honesty and good faith in discharging his statutory obligations. They have sworn vide the grant letter of representation that they will solemnly and faithfully administer the deceased’s estate and to render a just and true account relating to the estate administration. The question to be considered is who would be the capable and illegible person to be appointed as personal representative? This question is relevant as the law vests enormous powers to the personal representative and therefore putting the estate beneficiaries in the danger of being victimise by abusive acts of dishonest personal representative. Therefore the act of appointing a right personal representative is a necessity in the estate administration. Hence this paper seeks to examine the Court’s tendency in the appointment of personal representative in order to protect the interest of estate’s beneficiaries. For this purpose, the paper analyses relevant statutory provisions as provided by Probate and Administration Act 1959. An analysis of the decided cases is also made to identify the requirement given by law in choosing the personal representative. This paper concludes that there is no hard and fast rule pertaining to the requirement of law in choosing a personal representative to the deceased’s estate. With the exclusion of a minor and unsound mind, any other person can be appointed as personal representative. What matter most is after being appointed as personal representative, they must carry out their job carefully and judiciously in which any failure to properly do so may give right to the estate beneficiaries to take legal action against them.
format	Article
author	Mohd Noor, Nor Azlina Halim, Akmal Hidayah
author_facet	Mohd Noor, Nor Azlina Halim, Akmal Hidayah
author_sort	Mohd Noor, Nor Azlina
title	Finding the right personal representative to the deceased in estate administration: expounding the Malaysian Legal considerations
title_short	Finding the right personal representative to the deceased in estate administration: expounding the Malaysian Legal considerations
title_full	Finding the right personal representative to the deceased in estate administration: expounding the Malaysian Legal considerations
title_fullStr	Finding the right personal representative to the deceased in estate administration: expounding the Malaysian Legal considerations
title_full_unstemmed	Finding the right personal representative to the deceased in estate administration: expounding the Malaysian Legal considerations
title_sort	finding the right personal representative to the deceased in estate administration: expounding the malaysian legal considerations
publisher	The CLJ Legal Network Sdn Bhd
publishDate	2016
url	http://irep.iium.edu.my/54526/ http://irep.iium.edu.my/54526/ http://irep.iium.edu.my/54526/1/A_2016_1_LNS_lxxii.pdf
first_indexed	2023-09-18T21:17:10Z
last_indexed	2023-09-18T21:17:10Z
_version_	1777411639501389824

Finding the right personal representative to the deceased in estate administration: expounding the Malaysian Legal considerations

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