WHAT TYPES OF PROPERTY THAT CAN BE INHERITED?
- All types of movable and immovable property belonging to the deceased.
- Examples of movable property:
- Vehicles, savings, shares, companies.
- Examples of immovable property:
- Land and house.
IS THE DEBT LEFT BY THE DECEASED CONSIDERED AS AN INHERITANCE?
- Debt is not something that can be passed on to heirs, unlike properties.
- The deceased’s debt will be counted as a liability that needs to be settled by the heirs.
- Usually, the debts of the deceased will be settled using the inheritance of the deceased.
- If the debt of the deceased is more than the property, the heirs can pay the debt with their own money on the basis of compassion towards the deceased.
WHO WILL MANAGE THE INHERITANCE OF THE DECEASED?
If the deceased did not leave a will, the heirs need to discuss who is eligible to be the administrator. The administrator needs to be officially appointed either by the High Court, Small Estate Office or Amanah Raya Berhad before being able to administer and manage the inheritance of the deceased.
If the deceased left a will, the executor named in the will has to manage all related matters such as managing the distribution of property to the heirs of the deceased as desired by the deceased in his will.
WHAT ARE THE DUTIES OF AN INHERITANCE ADMINISTRATOR?
Among the tasks are:
- Apply for letters of administration to obtain authority to administer the inheritance of the deceased.
- Identifying the assets belonging to the deceased and managing them properly.
- Resolve debts if any to related parties.
- Keep all records and documents regarding any business done in administering the inheritance of the deceased.
- The administrator is also entitled to claim management costs or expenses incurred in administering the inheritance.
NHERITANCE CLAIMS BY GREAT-GRANDCHILDREN
Ramli and others v Mazlan [2009] MLJU 1177 (not the real name)
Ramli and others have applied to the court for a declaration that they are entitled to the inheritance belonging to the late Hj Ali, their great-grandfather.
Ramli and others also requested an order that their names be listed as recipients of a property left by Hj Ali.
Mazlan is the registered owner of the disputed property in this case. Mazlan is also the second cousin to Ramli and others.
The court found that Ramli and others proved to be the legitimate great-grandchildren of the late Hj Ali.
However, the issue of determining whether Ramli and others are entitled to the inheritance belonging to the late Hj Ali is actually not the jurisdiction of the Civil Court.
The application should be made in the Syariah Court.
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