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      Empowering Personal Representatives’ Statutory Duties in Administration of Deceased’s Estates

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      Environment-Behaviour Proceedings Journal
      e-IPH Ltd.

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          Abstract

          In Malaysia, law requires for the appointment of personal representatives before the deceased estates can be distributed. There are numbers of statutory duties and power of personal representatives related to deceased estates. However, anecdotal evidence showed personal representative are not in the know on what should be done once appointed. This article aims to discuss the basic duties of personal representatives. The discussion adopts the doctrinal content analysis method. This paper concludes that the express provision pertaining to the basic roles and duties of personal representatives in Malaysia is not clear which can contribute to problems in managing deceased estates.

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          Delay in Islamic Inheritance Claim – An Ignorance Issue

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            ADMINISTRATION OF ESTATES IN MALAYSIA: DETERMINANT OF FACTORS BEHIND THE DELAY IN THE DISTRIBUTION OF THE DECEASED’S ASSET

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              ‘STANDING’ ROOM ONLY: A VINTAGE ISSUE IN ESTATE ADMINISTRATION CLAIMS

              The doctrine of standing or locus standi governs the rule of competency of a person that submits their grievances to the court. A beneficiary, usually an incompetent plaintiff due to the lack of locus standi, is not a qualified litigant to seek the court’s intervention in administering the deceased’s estate. The prevailing legal position in Malaysia is that the estate beneficiaries are not authorised to bring forth any action against any party on behalf of the estate, until a sealed order of the letter of representation has been presented. The fundamental issue in question is whether the doctrine of standing has denied the inherent right of beneficiaries to exploit the deceased’s estate. Hence, in light of this scenario, this paper aims to analyse the tendency of the court on deciding cases that relates to the standing of beneficiaries who are not personal representatives, when they submit claims on behalf of the estate. In this context, this paper uses the content analysis method to analyse past concluded cases and relevant legal provisions. This paper concludes that the Federal Court had whittled down the strict rule that beneficiaries should first obtain the grant of letters of representations for deceased’s estates by providing the locus standi to submit any legal claims on behalf of the estates. Therefore, by allowing the claims made by the beneficiaries, the court has acknowledged the existence of special circumstances that can be applied to exceptional cases.

                Author and article information

                Journal
                Environment-Behaviour Proceedings Journal
                E-BPJ
                e-IPH Ltd.
                2398-4287
                December 20 2022
                December 20 2022
                : 7
                : SI11
                : 15-20
                Article
                10.21834/ebpj.v7iSI11.4167
                d9244d03-564d-48e4-a50e-751055cec26d
                © 2022

                This work is licensed under a Creative Commons Attribution 4.0 Unported License. To view a copy of this license, visit https://creativecommons.org/licenses/by-nc-nd/4.0/

                History

                Psychology,Urban design & Planning,Urban studies,General behavioral science,Cultural studies

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