Abstract
There are several administrative bodies in regard to the administration of the estate which may be commenced by the beneficiaries to the particular estates. Making an application to obtain the letters of representation is the first step in the administration of estate by the beneficiary if the deceased died intestate, whereas an application to obtain grant of probate is the beginning step that is initiated by the beneficiary if the deceased died testate. Unfortunately, the existence of multiple administrative bodies, on the other hand, has often caused confusion to the public as to which administrative body they should refer to. Due to the lack of clarification of the right institution to approach, it leads to the delay of the respective party to make the application to distribute the estate to the rightful beneficiaries. Therefore, this paper is written to further analyze the procedure for the application for the administration of estate with or without a will. The paper further addressed the jurisdiction of the administrative bodies in depth as well as classify the roles and authorities of each administrative body. Additionally, the findings of this paper indicated that there is a need to have a one stop agency established in order to deal with the administration of estates of non-contentious estate proceedings to promote the uniformity of laws and avoid the confusion between the public.
Aw Shi Qin, Universiti Utara Malaysia
aw_shi_qin@sol.uum.edu.my
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