WHEN CAN APPLICATION FOR LETTERS OF ADMINISTRATION BE MADE?
- If possible, arrange it as soon as possible after completing the funeral arrangements.
- Check whether the deceased left a will or not.
- To smooth matters, make sure to discuss with the rightful heirs first and get their cooperation.
- If there are heirs who refuse to cooperate, it will make it difficult and delay the process of applying for a power of attorney in the future.
IS A WILL NECESSARY?
Actually, this depends on the individual.
However, for the smooth distribution of the individual’s inheritance after death, it is recommended to make a will as a preparation.
This is also to avoid disputes in the future among the heirs who will claim their rights later.
With a will, all property owned can be distributed or given according to the way the individual wishes.
DID THE DECEASED LEFT A HOME LOAN?
- This housing loan is not included under the inheritance of the deceased that needs to be distributed among the heirs.
- It is categorized as a liability or debt of the deceased, in which debt will not be borne or bequeathed to the heirs.
- Check with the bank about the remaining arrears on the housing loan made by the deceased.
- Check whether the deceased has taken out or applied for housing loan insurance as a protection.
ARE ADMINISTRATORS AND NOMINEE THE SAME?
Both have different roles.
- An administrator is an individual authorized for example by the High Court to administer the inheritance of the deceased.
- The nominee is an individual named by the deceased for example in his EPF savings or Tabung Haji savings.
- The nominee can withdraw EPF savings or Tabung Haji savings belonging to the deceased after the death of the deceased without requiring an Order from the relevant agency.
WHAT ARE THE DUTIES OF AN ESTATE ADMINISTRATOR?
Among the tasks are:
- Apply for letters of administration to administer, 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 estate of the deceased.
- The administrator is also entitled to claim management costs or expenses incurred in administering the estate.
GRANDSON’S CLAIMS REGARDING GRANDMOTHER’S INHERITANCE
Mazlan v Siti [2012] MLJU 101-not real name
Mazlan applied for his personal caveat on the properties of his late grandmother, Aminah, to be maintained until all the properties were distributed among the rightful heirs according to a Faraid Certificate in 2007.
Mazlan claims he is the grandson of the late Aminah. Meanwhile Siti is the administrator of Aminah’s estate.
All properties are registered in Siti’s name, so Mazlan wants to claim his rights as the heir of the late Aminah.
However, Mazlan did not claim that there was fraud, misrepresentation or forgery etc. by Siti to enable the title of the properties to be transferred to him.
The court also thinks the validity of the Faraid Certificate 2007 is doubtful because there is no supposed seal from the Syariah High Court.
In fact, Mazlan failed to present his late father’s birth certificate to prove that Aminah was indeed his grandmother.
Therefore, the Court rejected Mazlan’s application for failing to provide evidence that he had a caveatable interest in the properties.
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