Administration of the deceased’s estates an analysis to the effect of nomination

In the administration of estate, the asset related to nomination is governed under the nomination rules set by the different authorities, which gave rise to several nomination effects. Some of these nomination prevents the asset to be distributed to the rests of beneficiaries, other than the nomin...

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Main Authors:	Drs Nasrul, Muhammad Amrullah, Mohd Salim, Wan Noraini, Abdul Hak, Nora, Halim, Akmal Hidayah, Abdul Manab, Siti Nuramani
Format:	Conference or Workshop Item
Language:	English
Published:	©2018 Published by the Future Academy 2018
Subjects:	K Law (General)
Online Access:	http://irep.iium.edu.my/68900/ http://irep.iium.edu.my/68900/ http://irep.iium.edu.my/68900/1/68900_Administration%20Of%20The%20Deceased%E2%80%99s%20Estates.pdf

id	iium-68900
recordtype	eprints
spelling	iium-689002019-01-09T08:39:56Z http://irep.iium.edu.my/68900/ Administration of the deceased’s estates an analysis to the effect of nomination Drs Nasrul, Muhammad Amrullah Mohd Salim, Wan Noraini Abdul Hak, Nora Halim, Akmal Hidayah Abdul Manab, Siti Nuramani K Law (General) In the administration of estate, the asset related to nomination is governed under the nomination rules set by the different authorities, which gave rise to several nomination effects. Some of these nomination prevents the asset to be distributed to the rests of beneficiaries, other than the nominee. Other nomination effect grants the authority to the nominee as an administrator to that particular asset, without considering the capacity and ability of such nominee in distributing the asset. While the purpose of nomination is to ensure a quick and smooth process in extracting the deceased’s asset, the differences in the nomination effect tend to cause confusion, leading to disputes between the nominee and the beneficiaries in claiming the ownership of the estate. This paper discusses the position of the asset under nomination through the analysis of provisions under the Islamic Financial Services Act 2013 in relation to the administration and the distribution of the deceased’s estate. The research is conducted through the means of a library-based method which utilises written materials in several sources including journal articles, statutes, textbooks and cases. The finding in this study indicates that the lack of control by the institutions over the nomination process has led to the adverse implication involving the disputes between the parties. It is therefore suggested that the lawmaker needs to amend the nomination rules in order to harmonise the rights of the nominee and the beneficiaries of the deceased’s estates respectively. ©2018 Published by the Future Academy 2018 Conference or Workshop Item PeerReviewed application/pdf en http://irep.iium.edu.my/68900/1/68900_Administration%20Of%20The%20Deceased%E2%80%99s%20Estates.pdf Drs Nasrul, Muhammad Amrullah and Mohd Salim, Wan Noraini and Abdul Hak, Nora and Halim, Akmal Hidayah and Abdul Manab, Siti Nuramani (2018) Administration of the deceased’s estates an analysis to the effect of nomination. In: 9th UUM International Legal Conference (ILC 2017), 23rd-24th September 2017, Sintok, Kedah. https://www.futureacademy.org.uk/publication/EpSBS/ILC2017EpSBS/page-1
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) Drs Nasrul, Muhammad Amrullah Mohd Salim, Wan Noraini Abdul Hak, Nora Halim, Akmal Hidayah Abdul Manab, Siti Nuramani Administration of the deceased’s estates an analysis to the effect of nomination
description	In the administration of estate, the asset related to nomination is governed under the nomination rules set by the different authorities, which gave rise to several nomination effects. Some of these nomination prevents the asset to be distributed to the rests of beneficiaries, other than the nominee. Other nomination effect grants the authority to the nominee as an administrator to that particular asset, without considering the capacity and ability of such nominee in distributing the asset. While the purpose of nomination is to ensure a quick and smooth process in extracting the deceased’s asset, the differences in the nomination effect tend to cause confusion, leading to disputes between the nominee and the beneficiaries in claiming the ownership of the estate. This paper discusses the position of the asset under nomination through the analysis of provisions under the Islamic Financial Services Act 2013 in relation to the administration and the distribution of the deceased’s estate. The research is conducted through the means of a library-based method which utilises written materials in several sources including journal articles, statutes, textbooks and cases. The finding in this study indicates that the lack of control by the institutions over the nomination process has led to the adverse implication involving the disputes between the parties. It is therefore suggested that the lawmaker needs to amend the nomination rules in order to harmonise the rights of the nominee and the beneficiaries of the deceased’s estates respectively.
format	Conference or Workshop Item
author	Drs Nasrul, Muhammad Amrullah Mohd Salim, Wan Noraini Abdul Hak, Nora Halim, Akmal Hidayah Abdul Manab, Siti Nuramani
author_facet	Drs Nasrul, Muhammad Amrullah Mohd Salim, Wan Noraini Abdul Hak, Nora Halim, Akmal Hidayah Abdul Manab, Siti Nuramani
author_sort	Drs Nasrul, Muhammad Amrullah
title	Administration of the deceased’s estates an analysis to the effect of nomination
title_short	Administration of the deceased’s estates an analysis to the effect of nomination
title_full	Administration of the deceased’s estates an analysis to the effect of nomination
title_fullStr	Administration of the deceased’s estates an analysis to the effect of nomination
title_full_unstemmed	Administration of the deceased’s estates an analysis to the effect of nomination
title_sort	administration of the deceased’s estates an analysis to the effect of nomination
publisher	©2018 Published by the Future Academy
publishDate	2018
url	http://irep.iium.edu.my/68900/ http://irep.iium.edu.my/68900/ http://irep.iium.edu.my/68900/1/68900_Administration%20Of%20The%20Deceased%E2%80%99s%20Estates.pdf
first_indexed	2023-09-18T21:37:46Z
last_indexed	2023-09-18T21:37:46Z
_version_	1777412936280571904

Administration of the deceased’s estates an analysis to the effect of nomination

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