Malaysia legislation
Section 16
Section 16
On failure of executors
(a)
no executor is appointed by a will;
Probate and Administration 15
(b)
the executor or all the executors appointed by will are legally incapable of acting as such, or have renounced;
(c)
no executor survives the testator;
(d)
all the executors die before obtaining probate or before having administered all the estate of the deceased; or
(e)
the executors appointed by any will do not appear and extract probate, letters of administration with the will annexed may be granted to such person as the Court deems fit to administer the estate:
Provided that a prior right to the grant shall belong to the following persons in the following order:
(i)
a universal or residuary legatee;
(ii)
a personal representative of a deceased universal or residuary legatee;
(iii)
such person or persons, being beneficiaries under the will, as would have been entitled to a grant of letters of administration if the deceased had died intestate;
(iv)
a legatee having a beneficial interest; and
(v)
a creditor of the deceased.
Qualifications of administration with will annexed