Malaysia legislation
Section 4
Section 4
(1)
Except as provided by the following provisions of this section or section 6 an order under this Act shall not be made save on an application made within six months from the date on which representation in regard to the deceased’s estate is first taken out.
(2)
If it is shown to the satisfaction of the court that the limitation to the said period of six months would operate unfairly—
(a)
in consequence of the discovery of a will involving a substantial change in the disposition of the deceased’s estate (whether or not involving a further grant of representation); or 039e.fm Page 8 Monday, March 27, 2006 3:26 PM
Inheritance (Family Provision)
(b)
in consequence of a question whether a person had an interest in the estate, or as to the nature of an interest in the estate, not having been determined at the time when representation was first taken out; or
(c)
in consequence of some other circumstances affecting the administration or distribution of the estate, the court may extend that period.
(3)
The provisions of this Act shall not render the personal representatives of the deceased liable for having distributed any part of the estate of the deceased after the expiration of the said period of six months on the ground that they ought to have taken into account the possibility that the court might exercise its power to extend that period, but this subsection shall be without prejudice to any power to recover any part of the estate so distributed arising by virtue of the making of an order under this
Act.
(4)
For the purposes of sections 30 and 45 of the Probate and
Administration Act 1959 [Act 97], a dependant of a deceased person by whom or on whose behalf an application under this Act is proposed to be made shall be deemed to be a person interested in his estate.
Effect and form of the order