Fiduciaries in the administration of the deceased's estate: the two distinct capacities of personal representatives and trustees

The office of personal representative in the administration of a deceased’s estate requires a personal representative who must at the utmost ensure himself to have a solemn understanding of his duties and obligations. The personal representative must act with the highest degree of trustworthiness an...

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Main Authors:	Halim, Akmal Hidayah, Mohd Noor, Nor Azlina
Format:	Article
Language:	English English
Published:	CLJ Legal Network Sdn Bhd 2016
Subjects:	K Law (General)
Online Access:	http://irep.iium.edu.my/55232/ http://irep.iium.edu.my/55232/ http://irep.iium.edu.my/55232/1/A_2016_1_LNS_lxxviii.pdf http://irep.iium.edu.my/55232/7/55232_CLJ%20Bulletin_TOC.pdf

id	iium-55232
recordtype	eprints
spelling	iium-552322017-05-19T08:58:57Z http://irep.iium.edu.my/55232/ Fiduciaries in the administration of the deceased's estate: the two distinct capacities of personal representatives and trustees Halim, Akmal Hidayah Mohd Noor, Nor Azlina K Law (General) The office of personal representative in the administration of a deceased’s estate requires a personal representative who must at the utmost ensure himself to have a solemn understanding of his duties and obligations. The personal representative must act with the highest degree of trustworthiness and good faith in discharging his office. However, in the process of estate administration, one question that has nagged the office of personal representative is that what should be the two distinct capacities of personal representative and trustee since the expression of trustee under the Malaysian Trustee Act 1949 includes the duties incidental to the office of a personal representative. The question is relevant because the role of a personal representative is quite distinct from that of a trustee and is subject to different legal framework and liability. Hence, this paper seeks to examine the legal position of a personal representative and to identify the line separating the duties of a personal representative from his duties as a trustee. For this purpose, the paper analyses relevant statutory provisions as provided by the Probate and Administration Act 1959 and the Trustee Act 1949. An analysis of the decided cases is also made to identify the distinction between the offices of a personal representative to that of a trustee in the administration of the deceased’s estate. The paper concludes that there is no objective test as to when and how a personal representative becomes a trustee since a person may be a personal representative in respects of certain assets and trustee in respect of others. The two distinct capacities however, would be significant in determining the available remedies to the estate beneficiaries in cases where these fiduciaries fail to discharge their duties accordingly. CLJ Legal Network Sdn Bhd 2016 Article PeerReviewed application/pdf en http://irep.iium.edu.my/55232/1/A_2016_1_LNS_lxxviii.pdf application/pdf en http://irep.iium.edu.my/55232/7/55232_CLJ%20Bulletin_TOC.pdf Halim, Akmal Hidayah and Mohd Noor, Nor Azlina (2016) Fiduciaries in the administration of the deceased's estate: the two distinct capacities of personal representatives and trustees. Legal Network Series, 37 (1). pp. 1-17. http://www.cljlaw.com/bulletin/?CLJBulletin;2016;37;b;
repository_type	Digital Repository
institution_category	Local University
institution	International Islamic University Malaysia
building	IIUM Repository
collection	Online Access
language	English English
topic	K Law (General)
spellingShingle	K Law (General) Halim, Akmal Hidayah Mohd Noor, Nor Azlina Fiduciaries in the administration of the deceased's estate: the two distinct capacities of personal representatives and trustees
description	The office of personal representative in the administration of a deceased’s estate requires a personal representative who must at the utmost ensure himself to have a solemn understanding of his duties and obligations. The personal representative must act with the highest degree of trustworthiness and good faith in discharging his office. However, in the process of estate administration, one question that has nagged the office of personal representative is that what should be the two distinct capacities of personal representative and trustee since the expression of trustee under the Malaysian Trustee Act 1949 includes the duties incidental to the office of a personal representative. The question is relevant because the role of a personal representative is quite distinct from that of a trustee and is subject to different legal framework and liability. Hence, this paper seeks to examine the legal position of a personal representative and to identify the line separating the duties of a personal representative from his duties as a trustee. For this purpose, the paper analyses relevant statutory provisions as provided by the Probate and Administration Act 1959 and the Trustee Act 1949. An analysis of the decided cases is also made to identify the distinction between the offices of a personal representative to that of a trustee in the administration of the deceased’s estate. The paper concludes that there is no objective test as to when and how a personal representative becomes a trustee since a person may be a personal representative in respects of certain assets and trustee in respect of others. The two distinct capacities however, would be significant in determining the available remedies to the estate beneficiaries in cases where these fiduciaries fail to discharge their duties accordingly.
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	Fiduciaries in the administration of the deceased's estate: the two distinct capacities of personal representatives and trustees
title_short	Fiduciaries in the administration of the deceased's estate: the two distinct capacities of personal representatives and trustees
title_full	Fiduciaries in the administration of the deceased's estate: the two distinct capacities of personal representatives and trustees
title_fullStr	Fiduciaries in the administration of the deceased's estate: the two distinct capacities of personal representatives and trustees
title_full_unstemmed	Fiduciaries in the administration of the deceased's estate: the two distinct capacities of personal representatives and trustees
title_sort	fiduciaries in the administration of the deceased's estate: the two distinct capacities of personal representatives and trustees
publisher	CLJ Legal Network Sdn Bhd
publishDate	2016
url	http://irep.iium.edu.my/55232/ http://irep.iium.edu.my/55232/ http://irep.iium.edu.my/55232/1/A_2016_1_LNS_lxxviii.pdf http://irep.iium.edu.my/55232/7/55232_CLJ%20Bulletin_TOC.pdf
first_indexed	2023-09-18T21:18:05Z
last_indexed	2023-09-18T21:18:05Z
_version_	1777411697695260672

Fiduciaries in the administration of the deceased's estate: the two distinct capacities of personal representatives and trustees

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