The roles of the personal representative In estate administration in Malaysia
The administration of an estate refers to a process of managing and distributing the deceased’s estate to the beneficiaries which take effect after his death. The tasks to administer the estate are handled by the personal representative from the beginning until the end of the administration. Appoi...
| Main Authors: | , , , , |
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| Format: | Conference or Workshop Item |
| Language: | English |
| Published: |
Future Academy
2019
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| Subjects: | |
| Online Access: | http://irep.iium.edu.my/76807/ http://irep.iium.edu.my/76807/ http://irep.iium.edu.my/76807/ http://irep.iium.edu.my/76807/1/76807_The%20Roles%20Of%20The%20Personal%20Representative.pdf |
| Summary: | The administration of an estate refers to a process of managing and distributing the deceased’s estate to the
beneficiaries which take effect after his death. The tasks to administer the estate are handled by the personal
representative from the beginning until the end of the administration. Appointment of a capable personal
representative is therefore important as the administration of estate deals with various responsibilities
throughout the entire process. This article heeds the notion that the appointment of an incompetent personal
representative disrupts the process in the administration of estate that leads to adverse implications,
including the misappropriation and delay in distribution of assets. This paper discusses the roles and duties
of the personal representative and the comparison between the individual and institution assigned as the
personal representative. This paper also highlights the challenges encountered by the personal
representative in managing the estate of the deceased. As part of its research method, this qualitative legal
study undertakes a library based study through the analysis of selected materials including journal articles,
textbooks, statutes and cases. The findings indicate that ignorance of the roles and lack of deliberation in
appointing a capable personal representative serve as factors leading to adverse management which often
results in incompletion of the administration. The insights from this paper can contribute in instilling the
awareness among the public as to the importance of appointing a capable personal representative in estate
administration.
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