In short, it can be classified into 3 types of stages:-
- Application for grant letters of administration / grant of probate
- Application for distribution of inheritance
- Application to transfer ownership / change the title of the property left by the deceased to the name of the heirs
CAN LETTERS OF ADMINISTRATION BE CANCELED OR AMENDED?
Yes, the Court has powers under Section 34 of the Probate and Administration Act 1959 which states as follows:
“Any probate or letters of administration may be revoked or amended for any sufficient cause”
There is no clear interpretation regarding ‘sufficient cause’, but in few established Court cases, it is seen to take into account “the due and proper administration of the estate and the interests of the parties beneficially entitled thereto”.
INHERITANCE OF THE PROPERTY OWNED BY A MUALLAF
Question:
Alex has just converted to Islam, his parents and siblings are still Christians. Can Alex’s parents and siblings inherit Alex’s property after Alex dies?
Answer:
- CAN’T.
- Muslim estates can only be inherited by Muslim family members.
- Likewise, Muslims do not inherit the property of non-Muslims.
- In Alex’s situation, all of Alex’s property will be handed over to Baitulmal.
ISSUES OF INHERITANCE ADMINISTRATOR – MISUSE OF POWER & BREACH OF TRUST!
Wati v Melah & 5 others [2023] 1 LNS 2174 – not the real name
Part 1
Wati filed this suit seeking an order to amend the name of the 6th Defendant (Siti-not her real name) in the Letters of Administration of her late father’s inheritance.
Wati requested that Siti’s name be replaced with her name on the grounds that Siti as a co-administrator had misused her power and breached trust in carrying out her fiduciary duties.
Wati and Siti are siblings. So the issue here is related to the administration of the inheritance of their late father who left 29 lands and some bank account savings!
The First Defendant is the wife of the deceased and the 2nd to 6th Defendants are the children of the deceased. Siti has been appointed as an administrator together with her mother, Melah.
ISSUES OF INHERITANCE ADMINISTRATOR – MISUSE OF POWER & BREACH OF TRUST!
Wati v Melah & 5 others [2023] 1 LNS 2174 – not the real name
Part 2
There are several issues raised in this case. However, this sharing will only highlight the issue of Siti who is alleged to be untrustworthy in carrying out her responsibilities as co-administrator.
Among Wati’s allegations are:-
– Siti wrongly kept and did not distribute the deceased’s bank savings to the 4th Defendant.
– Siti took the money, dividends and interest from the deceased’s investment and did not distribute it to the 1st to 5th Defendants.
– Siti did not distribute the produce of the palm oil plant left by the deceased to the 4th Defendant.
Siti adamantly denied all allegations and stated that she had managed the deceased’s estate properly.
ISSUES OF INHERITANCE ADMINISTRATOR – MISUSE OF POWER & BREACH OF TRUST!
Wati v Melah & 5 others [2023] 1 LNS 2174 – not the real name
Part 3
The court is of the opinion that the actions taken by Siti as an administrator are small when compared to the amount of the inheritance left that has not been distributed to the heirs.
Siti has been appointed as an administrator approximately for 13 years. During that period, the distribution of the inheritance to the heirs has not yet been completed.
The court found that the period was sufficient for Siti to administer the deceased’s inheritance. There is no reason for Siti to continue to be the administrator of the deceased’s inheritance and the distribution of the inheritance must be done immediately.
Siti’s actions as a co-administrator have brought hardship, loss and difficulty to the legal heirs. This situation has created a sufficient cause such as the provisions of Section 34 of the Probate and Administration Act 1959 for the Court to amend the Letters of Administration.
Finally, the Court granted Wati’s application to change Siti’s name as co-administrator to her name.
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