Cover Image

The impacts of non-administered estates in West Malaysia: an analysis

In Malaysia, non-administered estate refers to the estate of a deceased owner that has not been administered by the beneficiaries even after six months has passed from the owner’s death. The non-administered estates in West Malaysia are governed by the Small Estate (Distribution) Act 1955, the Publi...

Full description

Saved in:
Bibliographic Details
Main Authors: Halim, Akmal Hidayah, Mohd Yusoff, Rahmawati
Format: Article
Language:English
Published: Serials Publications Pvt. Ltd. 2019
Subjects:
K Law (General)
K720 Property Law
KPG Malaysia
Online Access:http://irep.iium.edu.my/80125/1/80125_The%20Impacts%20of%20Non-Administered%20Estates.pdf
http://irep.iium.edu.my/80125/
https://serialsjournals.com/index.php?route=product/product/volumedata&type=archive&product_id=411
Tags: Add Tag
No Tags, Be the first to tag this record!
id my.iium.irep.80125
record_format dspace
spelling my.iium.irep.801252020-04-17T06:43:32Z http://irep.iium.edu.my/80125/ The impacts of non-administered estates in West Malaysia: an analysis Halim, Akmal Hidayah Mohd Yusoff, Rahmawati K Law (General) K720 Property Law KPG Malaysia In Malaysia, non-administered estate refers to the estate of a deceased owner that has not been administered by the beneficiaries even after six months has passed from the owner’s death. The non-administered estates in West Malaysia are governed by the Small Estate (Distribution) Act 1955, the Public Trust Corporation Act 1995, and the Probate and Administration Act 1959. However, the estate administration procedures have lacuna as the system does not assist to trace the estates if no application is made by the beneficiaries to administer such estates. Consequently, the total number of non-administered estates cannot be determined, despite claims that these estates have various impacts. Accordingly, this paper aims to analyse the impacts of non-administered estates from the Islamic, socioeconomic, and legal viewpoints. The discussion adopts the doctrinal analysis through examination of the current primary and secondary materials such as case law, statutory provisions, and other non-legal and legal literature. This paper reveals that the impact of non-administered estates from the legal perspective are reversion, forfeiture, acquisition of land by the Government, multiple death, and non-exercisable owner’s rights. From the Islamic perspective, the impacts are inconsistency with maqasid shariah, misappropriation of property, and problem associated with the deceased’s unpaid debt. Meanwhile, the impacts from socioeconomic perspective are depreciation of estate’s value, loss of income, and deprivation of property. Serials Publications Pvt. Ltd. 2019-06-01 Article PeerReviewed application/pdf en http://irep.iium.edu.my/80125/1/80125_The%20Impacts%20of%20Non-Administered%20Estates.pdf Halim, Akmal Hidayah and Mohd Yusoff, Rahmawati (2019) The impacts of non-administered estates in West Malaysia: an analysis. Journal of Islamic Law Review, 15 (1). pp. 103-123. ISSN 0973-2918 https://serialsjournals.com/index.php?route=product/product/volumedata&type=archive&product_id=411
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 K Law (General)
K720 Property Law
KPG Malaysia
spellingShingle K Law (General)
K720 Property Law
KPG Malaysia
Halim, Akmal Hidayah
Mohd Yusoff, Rahmawati
The impacts of non-administered estates in West Malaysia: an analysis
description In Malaysia, non-administered estate refers to the estate of a deceased owner that has not been administered by the beneficiaries even after six months has passed from the owner’s death. The non-administered estates in West Malaysia are governed by the Small Estate (Distribution) Act 1955, the Public Trust Corporation Act 1995, and the Probate and Administration Act 1959. However, the estate administration procedures have lacuna as the system does not assist to trace the estates if no application is made by the beneficiaries to administer such estates. Consequently, the total number of non-administered estates cannot be determined, despite claims that these estates have various impacts. Accordingly, this paper aims to analyse the impacts of non-administered estates from the Islamic, socioeconomic, and legal viewpoints. The discussion adopts the doctrinal analysis through examination of the current primary and secondary materials such as case law, statutory provisions, and other non-legal and legal literature. This paper reveals that the impact of non-administered estates from the legal perspective are reversion, forfeiture, acquisition of land by the Government, multiple death, and non-exercisable owner’s rights. From the Islamic perspective, the impacts are inconsistency with maqasid shariah, misappropriation of property, and problem associated with the deceased’s unpaid debt. Meanwhile, the impacts from socioeconomic perspective are depreciation of estate’s value, loss of income, and deprivation of property.
format Article
author Halim, Akmal Hidayah
Mohd Yusoff, Rahmawati
author_facet Halim, Akmal Hidayah
Mohd Yusoff, Rahmawati
author_sort Halim, Akmal Hidayah
title The impacts of non-administered estates in West Malaysia: an analysis
title_short The impacts of non-administered estates in West Malaysia: an analysis
title_full The impacts of non-administered estates in West Malaysia: an analysis
title_fullStr The impacts of non-administered estates in West Malaysia: an analysis
title_full_unstemmed The impacts of non-administered estates in West Malaysia: an analysis
title_sort impacts of non-administered estates in west malaysia: an analysis
publisher Serials Publications Pvt. Ltd.
publishDate 2019
url http://irep.iium.edu.my/80125/1/80125_The%20Impacts%20of%20Non-Administered%20Estates.pdf
http://irep.iium.edu.my/80125/
https://serialsjournals.com/index.php?route=product/product/volumedata&type=archive&product_id=411
_version_ 1665894814201151488
score 13.211869

Similar Items