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Jurisdiction in Estate Administration

AmanahRaya as a Trust Corporation is endowed with specific and exclusive jurisdiction in estate administration. Thus at AmanahRaya estate administration is a speedy and hassle-free process.

1. Section 17 (1), Public Trust Corporation Act 1995
AmanahRaya has the jurisdiction to directly administer estates with moveable assets below RM600, 000. In such cases AmanahRaya issues a Declaration containing particulars of the estate for distribution among the beneficiaries. In the case of Non Muslims, distribution is done according to the Distribution Act 1958 while for Muslims distribution is according to Faraid Law or as per consensus reached among the heirs.

2. Section 17 (2), Public Trust Corporation Act 1995
AmanahRaya has the jurisdiction to directly administer assets below RM50, 000. In such cases AmanahRaya issues an DIRECTION showing the scheme of distribution of the estate to the various beneficiaries. A beneficiary need only produce the said DIRECTION to the relevant bank or other financial institution for payment to be made to him/her as per the DIRECTION.

3. Section 8, Small Estates (Distribution) Act 1955
AmanahRaya files a petition at the Small Estates Distribution Office for appointment as the Administrator or for a Distribution Order in respect of moveable* and immovable properties** or for immovable properties only below RM 2,000,000.

4. Section 13, Public Trust Corporation Act of 1995
AmanahRaya files a petition in the High Court for the following purposes:

  • To administer estates with movable and immovable properties above RM 600,000;
  • To obtain a Grant of Probate for estates with Will or Letter of Administration for Intestate estates.
  • To replace the previous Executor who has passed away before the estate administration could be completed.
  • To take over from the previous administrator who has not completed estate administration.
  • To replace an Executor who has declined his appointment by the Testator as the executor or has passed away.

Note (*)
* Moveable Assets: Eg: cash, bank savings account, shares, and unit trust.
** Immovable Assets: Eg: lands and buildin

 
     
 

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