PROBATE ACT AND ADMINISTRATION ACT 1959 (Incorporating all amendments up to 1 January 2006)

Probate Act

“probate” means a grant under the seal of the Court authorizing
the executor or executors therein named to administer the testator’s
estate. Having said that probate is the instrument granted from court to let the executor to administer the death person’s property / assets and etc.

PART I

1. Short title and commencement
2. Interpretation

PART II

3. Grant of probate to executor
4. Restrictions on grant
5. Executor not to act while administration is in force
6. Right of proving executors to exercise powers
7. Cesser of right of executor to prove
8. Express renunciation
9. Constructive renunciation
10. Effect of renunciation
11. Withdrawal of renunciation
12. Executor of executor represents original testator
13. Grant of representation to a trust corporation
14. Death of one of several executors, etc.
15. Codicil propounded after probate
16. On failure of executors
17. Qualifications of administration with will annexed 18. Letters of administration until will is produced
19. Letters of administration pendente lite
20. Minors
21. Lunatics
22. Letters of administration of trust property
23. Letters of administration to collect and preserve property
24. Grants with exception
25. Probate of copy or draft or of contents
26. Destroyed will
27. Administration with copy annexed of authenticated copy of will
proved abroad
28. Administration when limited grant expired and still some part of
estate unadministered
29. Absent persons
30. Discretion of Court as to persons to whom administration is to be
granted
31. Result of grant of administration
32. Continuance of legal proceedings after revocation of temporary
administration
33. Caveat
34. Revocation of grant
35. Administration bond
36. Bond by creditor who is administrator
37. Assignment of bond
38. Discharge of administration bond

PART III

39. Vesting of property of an intestate
40. Power of the Court relating to proving and renunciation
41. Order to bring in will, etc.
42. Death of payee
43. Executor’s or administrator’s commission 44. Funeral and testamentary expenses allowed
45. Receiver pending grant
46. (Deleted)
47. Application of rules relating to receivers
48. Offence in relation to property of which receiver appointed
49. No suit against receiver
50. Receiver’s lien

PART IV

51. Interpretation
52. Powers of Court to re-seal
53. Application to British Courts in foreign countries
54. Provision of Estate Duty
55. Security on re-sealing letters of administration
56. Security for creditors in Malaysia
57. Notice of sealing
58. Notice of revocation

PART V

59. Rights of action of personal representative
60. Power of personal representative to dispose of property
61. Purchase by personal representative of deceased’s property
62. Duty of personal representative as to inventory
63. Transfer of assets to personal representative in country of domicile
of deceased for distribution
64. Protection of persons acting on probate or administration
65. Liability of a person fraudulently obtaining or retaining estate of
deceased
66. Liability of estate of personal representative 67. Property of deceased is asset for payment of debts
68. Duties of representatives
69. Administration of assets
70. Charges on property of deceased to be paid primarily out of the
property charged
71. Contracts by personal representatives
72. Assent or conveyance by personal representative
73. Right to follow property and powers of the Court in relation thereto
74. Powers of personal representative as to appropriation
75. Power to appoint trustees of minor’s property
76. Obligations of personal representative as to giving possession of land
and powers of the Court
77. Power to postpone distribution

PART VII

77A. Powers of Registrar

PART VIII

78-80. (Deleted)
81. Grant of letters of administration to the Corporation in cases of delay
82-85. (Deleted)
86. Undistributed funds may be passed to the Corporation
87-89. (Deleted)
90. Saving and transitional

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