This book provides an in-depth discussion of the law and procedure in Malaysia relating to the grant of probate by the High Court both under contentious and non-contentious proceedings. It also focuses on the law and procedure for the administration of estates by the High Court ranging from the appropriate application for letters of representation to the process of distribution to the beneficiaries.The book further keeps the focus on the law and procedure relating to the administration of estates by the administrative bodies of the Estate Distribution Division and the Public Trust Corporation (Amanah Raya Berhad). It also discusses the Islamic Estate Administration guided by the Syariah Court. This book cites more than 400 cases.TABLE OF CONTENTS:CHAPTER 1 THE OFFICE OF THE PERSONAL REPRESENTATIVE1.1 INTRODUCTION1.2 APPLICABLE LAW1.3 OFFICE OF THE EXECUTOR1.4 OFFICE OF THE ADMINISTRATOR1.5 SPECIFIC FUNCTIONS OF THE PERSONAL REPRESENTATIVESCHAPTER 2 PROCEDURES IN THE HIGH COURT2.1 INTRODUCTION2.2 NON-CONTENTIOUS & CONTENTIOUS PROBATE PROCEEDINGS2.3 CONTENTIOUS PROBATE PROCEEDINGSCHAPTER 3 ADMINISTRATION UNDER THE SMALL ESTATES DISTRIBUTION ACT 19653.1 INTRODUCTION3.2 Petition For Distribution3.3 Procedure upon lodging petition3.4 Stay of proceedings3.5 Service of notice of application for distribution3.6 Minors or persons of unsound mind as representatives3.7 Hearing procedure of applications3.8 “COLLATERAL DISPUTES”3.9 POST-HEARING PROCEDURE3.10 SUMMARY DISTRIBUTION OF SMALL ESTATES & LETTERS OF ADMINISTRATION PENDENTE LITE3.11 LETTERS OF ADMINISTRATION3.12 FURTHER APPLICATIONS3.13 APPEALS & OTHER PROVISIONSCHAPTER 4 PROCEDURES IN THE PUBLIC TRUST CORPORATION AMANAH RAYA BERHAD4.1 INTRODUCTION4.2 Administration of estates by Amanah Raya BerhadCHAPTER 5 AL’WASSIYAH: THE MUSLIM WILL5.1 INTRODUCTION5.2 Al-WASSIYAH AS DEFINED BY THE FOUR (4) SUNNI SCHOOLS5.3 THE FOUR (4) CONDITIONS OF AL-WASSIYAH5.4 A MAXIMUM BEQUEST OF 1/3 (ONE-THIRD)5.5 THE EXECUTOR5.6 AL-FARAID IN THE CONTEXT OF AL-WASSIYAH5.7 ADVANTAGES OF AL-WASSIYAH5.8 THE STATUTORY POSITION OF AL-WASSIYAHIN MALAYSIA5.9 AL-MUSI [THE TESTATOR]5.10 AL-MUSALAHU [THE BENEFICIARY]5.11 AL-MUSABIHI [THE SUBJECT-MATTER]5.12 SIGHAH [OFFER & ACCEPTANCE]5.13 WASSIYAH WAJIBAH [OBLIGATORY BEQUEST]5.14 COMMENTARYCHAPTER 6 “AL-HIBAH”: The Islamic Gift -Intervivos6.1 INTRODUCTION6.2 CONDITIONS PRECEDENT IN HIBAH6.3 THE STATUTORY POSITION OF HIBAH IN MALAYSIA6.3.1 Hibah viz-a-viz Section 26 of the Contracts Act 19506.4 THE FORMALITIES OF HIBAH6.5 HIBAH & TRUST: HIBAH AMANAH6.6 HIBAH TRUST & THE CONVENTIONAL LIVING TRUST6.7 COMMENTARYCHAPTER 7 HARTA SEPENCARIAN: Matrimonial Division of Property7.1 GENERAL PRINCIPLESCHAPTER 8 ADMINISTRATION OF MUSLIM ESTATES8.1 INTRODUCTION8.2 DISTRIBUTION OF A MUSLIM ESTATE – Faraid DistributionABOUT THE AUTHOR: Dato’ R.K.Nandy is an Advocate and Solicitor of the High Court of Malaya (non-practicing). Having been in the housing development business for the past 9 years, he was in active legal practice for several years specializing in housing development law. Besides this book, the author’s other literary accomplishments and publications are as follows:– Law of Wills in Malaysia and Singapore | Aug 2023– Injunctions & Specific Performance in Malaysia | Nov 2023– The Wealth Manager’s Guide to Islamic & Conventional (Wealth Management) | Oct 2023– The Fundamentals of Islamic Wealth Management (Syariah & Legal Principles).– The Islamic Worldview of Money, Social Finance, Wealth & Financial Wellbeing (Malaysia, Singapore & Brunei).– The Student’s Guide to the Administration of Estates in Malaysia.– Trustees Duties, Responsibilities & Liabilities in Malaysia.– Islamic Estate Planning & Administration of Estates, Malaysia.– Instruments of Dealings & Caveats in Malaysia.Education:– The author holds a Bachelor of Law degree from the University of Wales, United Kingdom, and was in active legal practice in Malaysia, before he ventured into the Property Development arena and the academia, over the past many years.The author is also the course and content creator and the founder of the Professional Diploma Courses: – Professional Diploma in Trust Management (Islamic & Non-Islamic).– Professional Diploma in Estate Planning & Trust Management (Islamic & Non-Islamic).– Professional Diploma in Conveyancing in Malaysia.which are awarded by the London Examination Board of the United Kingdom.
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