Malaysia legislation
Section 2
Section 2
In this Act, unless the context otherwise requires—
“administration” means, with reference to the estate of a deceased person, letters of administration issued by the Court whether general or limited or with the will annexed or otherwise authorizing the person therein named to administer the deceased person’s estate in accordance with law;
“administrator” means a person to whom administration is granted;
“Chief Judge” has the meaning assigned thereto in the Courts of Judicature Act 1964 [Act 91];
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“commencement of this Act” in relation to any State means the date on which this Act comes into force in that State;
“Corporation” means Amanah Raya Berhad, a company incorporated under the Companies Act 1965 [Act 125] and pursuant to section 3 of the Public Trust Corporation Act 1995 [Act 532];
“Court” means the High Court or a Judge and includes, in cases where any of them is empowered to act, the Registrar, Deputy
Registrars, Senior Assistant Registrars and Assistant Registrars of the High Court;
“estate” means all property which if a person died intestate would vest in the Corporation under section 39;
“executor” means a person to whom the execution of the last will of a deceased person is, by the testator’s appointment, confided and includes a person deemed to be appointed executor as respects settled land;
“intestate” includes a person who leaves a will but dies intestate as to some beneficial interest in his movable or immovable property;
“pecuniary legacy” includes an annuity, a general legacy, a demonstrative legacy so far as it is not discharged out of the designated property, and any general direction by a testator for the payment of money, including all death duties free from which any devise, bequest or payment is made to take effect;
“personal representative” means the executor, original or by representation, or administrator for the time being of a deceased person, and as regards any liability for the payment of death duties includes any person who takes possession of or intermeddles with the property of a deceased person without the authority of the personal representatives or the Court;
“person of unsound mind” means—
(a)
a person found under section 10 of the Mental Disorders
Ordinance 1952 [Ord. 31 of 1952], to be of unsound mind and incapable of managing himself and his affairs;
(b)
a person certified insane by a medical practitioner and by an Asylum Medical Officer under section 4 of the
Lunatics Ordinance of Sabah [Cap. 74]; and
(c)
a person found under section 5 of the Mental Health
Ordinance 1961 of Sarawak [Ord. 16 of 1961] to be of unsound mind and incapable of managing himself or his affairs, and includes any other person of unsound mind incapable of managing himself or his affairs;
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“possession” includes the receipt of rents and profits or the right to receive the same, if any;
“prescribed” means prescribed by rules of court;
“probate” means a grant under the seal of the Court authorizing the executor or executors therein named to administer the testator’s estate;
“probate action” means a cause or matter in which a petition for probate or administration is contested by any person, and includes an application to alter or revoke any grant of representation;
“property” includes a thing in action and any interest in movable or immovable property;
“purchaser” means a lessee, mortgagee or other person who in good faith acquires an interest in property for valuable consideration, also an intending purchaser, and “valuable consideration” includes marriage, but does not include a nominal consideration in money;
“Registrar” means the Registrar of the High Court and includes the Deputy Registrars, Senior Assistant Registrars and Assistant
Registrars of the High Court;
“representation” means the probate of a will and administration, and the expression “taking out representation” refers to the obtaining of the probate of a will or of the grant of administration;
“securities” includes stocks, funds or shares;
“specific legacy” means a legacy of specified property;
“trust corporation” means the Corporation, or a company incorporated under the Trust Companies Act 1949 [Act 100], or the corresponding written law in force in Sabah or Sarawak;
“will” includes any codicil or other testamentary document and a privileged will valid under section 26 of the Wills Act 1959
[Act 346], or the corresponding written law in force in Sabah or
Sarawak.
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