Setting aside of the distribution order made under the small estates (distribution) act 1955 on the ground of fraud; position of the law after the case of ahmad bin abd majeed v. Habibah bte abdul majid & anor
The distribution of small estates of intestate deceased persons in Malaysia is governed by the Small Estates (Distribution) Act 1955 (‘the Act’) and Small Estates (Distribution) Regulations 1955 (‘the Regulations 1955’). Under the Act, the collector shall have an exclusive jurisdiction for the di...
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| Main Authors: | , |
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| Format: | Article |
| Language: | English |
| Published: |
2012
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| Subjects: | |
| Online Access: | http://eprints.unisza.edu.my/2210/1/FH02-FUHA-19-31321.pdf http://eprints.unisza.edu.my/2210/ |
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| Summary: | The distribution of small estates of intestate deceased persons in Malaysia is
governed by the Small Estates (Distribution) Act 1955 (‘the Act’) and Small Estates
(Distribution) Regulations 1955 (‘the Regulations 1955’). Under the Act, the
collector shall have an exclusive jurisdiction for the distribution of small estates. The
issue normally arises when a petitioner intentionally and fraudulently omits some
legal beneficiaries’ names in the petition for estate distribution and the distribution
order is then made based on that petition. Study shows that the applications by the
excluded beneficiaries to set aside the distribution order in such cases have been
consistently dismissed on the grounds that the High Court has no original
jurisdiction to hear the matter and that the aggrieved party should have appealed
under s 29 of the Act. The Shariah Court also has ruled that it has no jurisdiction
to hear the case. The decision of the Court of Appeal in Ahmad Abd Majeed has
changed the position of the law and is of a great relief for the excluded beneficiaries |
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