Malaysia legislation

Section 35

of PROBATE AND ADMINISTRATION ACT 1959

Section 35

Administration bond

(a)

in the case of administrations, whether with or without will annexed, the person to whom the grant is made or on whose behalf it is sealed shall give security for the due administration of the estate;

(b)

no security shall be required where the gross value of the estate does not exceed fifty thousand ringgit.

(2)

The security shall ordinarily be by bond in the prescribed form by the grantee and two sureties, in the amount at which the estate within the jurisdiction is sworn, without deduction of any debts due by the deceased, other than debts secured by mortgage or charge; but the Court may for any sufficient reason increase or decrease the number of sureties or dispense with them, and may reduce the amount of the bond, and the Court in exercising its discretion shall consider the standing of the parties, the nature of the property, the amount of the debts and the extent of the administrator’s personal interest in the distributive share of the estate.

(3)

Where a trust corporation has obtained administration it shall not be required to give security.

(4)

When the administrator is entitled to the whole of the estate after payment of the debts, sureties in the bond may ordinarily be dispensed with by the Registrar.

(5)

Sureties may be required by the Registrar to justify.

Probate and Administration 21

Bond by creditor who is administrator