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Administration of the deceased’s estates: an analysis to the effect of nomination

In the administration of estate, the asset related to nomination is governed under the nomination rules set by the different authorities, which gave rise to several nomination effects. Some of these nomination prevents the asset to be distributed to the rests of beneficiaries, other than the nomin...

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Main Authors: Drs Nasrul, Muhammad Amrullah, Halim, Akmal Hidayah, Mohd Salim, Wan Noraini, Abdul Hak, Nora
Format: Proceeding Paper
Language:English
Published: Future Academy 2018
Subjects:
K720 Property Law
Online Access:http://irep.iium.edu.my/116413/7/116413_ADMINISTRATION%20OF%20THE%20DECEASED%E2%80%99S%20ESTATES%20AN%20ANALYSIS%20TO%20THE%20EFFECT%20OF%20NOMINATION.pdf
http://irep.iium.edu.my/116413/
https://www.europeanproceedings.com/book-series/EpSBS
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spelling my.iium.irep.1164132024-12-09T09:17:28Z http://irep.iium.edu.my/116413/ Administration of the deceased’s estates: an analysis to the effect of nomination Drs Nasrul, Muhammad Amrullah Halim, Akmal Hidayah Mohd Salim, Wan Noraini Abdul Hak, Nora K720 Property Law In the administration of estate, the asset related to nomination is governed under the nomination rules set by the different authorities, which gave rise to several nomination effects. Some of these nomination prevents the asset to be distributed to the rests of beneficiaries, other than the nominee. Other nomination effect grants the authority to the nominee as an administrator to that particular asset, without considering the capacity and ability of such nominee in distributing the asset. While the purpose of nomination is to ensure a quick and smooth process in extracting the deceased’s asset, the differences in the nomination effect tend to cause confusion, leading to disputes between the nominee and the beneficiaries in claiming the ownership of the estate. This paper discusses the position of the asset under nomination through the analysis of provisions under the Islamic Financial Services Act 2013 in relation to the administration and the distribution of the deceased’s estate. The research is conducted through the means of a library-based method which utilises written materials in several sources including journal articles, statutes, textbooks and cases. The finding in this study indicates that the lack of control by the institutions over the nomination process has led to the adverse implication involving the disputes between the parties. It is therefore suggested that the lawmaker needs to amend the nomination rules in order to harmonise the rights of the nominee and the beneficiaries of the deceased’s estates respectively. Future Academy 2018-12-03 Proceeding Paper PeerReviewed application/pdf en http://irep.iium.edu.my/116413/7/116413_ADMINISTRATION%20OF%20THE%20DECEASED%E2%80%99S%20ESTATES%20AN%20ANALYSIS%20TO%20THE%20EFFECT%20OF%20NOMINATION.pdf Drs Nasrul, Muhammad Amrullah and Halim, Akmal Hidayah and Mohd Salim, Wan Noraini and Abdul Hak, Nora (2018) Administration of the deceased’s estates: an analysis to the effect of nomination. In: 9TH UUM International Legal Conference 2017, 23-24 September 2017, School of Law, UUMCOLGIS, Universiti Utara Malaysia. https://www.europeanproceedings.com/book-series/EpSBS
institution Universiti Islam Antarabangsa Malaysia
building IIUM Library
collection Institutional Repository
continent Asia
country Malaysia
content_provider International Islamic University Malaysia
content_source IIUM Repository (IREP)
url_provider http://irep.iium.edu.my/
language English
topic K720 Property Law
spellingShingle K720 Property Law
Drs Nasrul, Muhammad Amrullah
Halim, Akmal Hidayah
Mohd Salim, Wan Noraini
Abdul Hak, Nora
Administration of the deceased’s estates: an analysis to the effect of nomination
description In the administration of estate, the asset related to nomination is governed under the nomination rules set by the different authorities, which gave rise to several nomination effects. Some of these nomination prevents the asset to be distributed to the rests of beneficiaries, other than the nominee. Other nomination effect grants the authority to the nominee as an administrator to that particular asset, without considering the capacity and ability of such nominee in distributing the asset. While the purpose of nomination is to ensure a quick and smooth process in extracting the deceased’s asset, the differences in the nomination effect tend to cause confusion, leading to disputes between the nominee and the beneficiaries in claiming the ownership of the estate. This paper discusses the position of the asset under nomination through the analysis of provisions under the Islamic Financial Services Act 2013 in relation to the administration and the distribution of the deceased’s estate. The research is conducted through the means of a library-based method which utilises written materials in several sources including journal articles, statutes, textbooks and cases. The finding in this study indicates that the lack of control by the institutions over the nomination process has led to the adverse implication involving the disputes between the parties. It is therefore suggested that the lawmaker needs to amend the nomination rules in order to harmonise the rights of the nominee and the beneficiaries of the deceased’s estates respectively.
format Proceeding Paper
author Drs Nasrul, Muhammad Amrullah
Halim, Akmal Hidayah
Mohd Salim, Wan Noraini
Abdul Hak, Nora
author_facet Drs Nasrul, Muhammad Amrullah
Halim, Akmal Hidayah
Mohd Salim, Wan Noraini
Abdul Hak, Nora
author_sort Drs Nasrul, Muhammad Amrullah
title Administration of the deceased’s estates: an analysis to the effect of nomination
title_short Administration of the deceased’s estates: an analysis to the effect of nomination
title_full Administration of the deceased’s estates: an analysis to the effect of nomination
title_fullStr Administration of the deceased’s estates: an analysis to the effect of nomination
title_full_unstemmed Administration of the deceased’s estates: an analysis to the effect of nomination
title_sort administration of the deceased’s estates: an analysis to the effect of nomination
publisher Future Academy
publishDate 2018
url http://irep.iium.edu.my/116413/7/116413_ADMINISTRATION%20OF%20THE%20DECEASED%E2%80%99S%20ESTATES%20AN%20ANALYSIS%20TO%20THE%20EFFECT%20OF%20NOMINATION.pdf
http://irep.iium.edu.my/116413/
https://www.europeanproceedings.com/book-series/EpSBS
_version_ 1818833714302418944
score 13.223943

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