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Section 42

Death of payee

of Probate and Administration Act 1959

ActIn forceProvision 42 of 79
Section 42
(1)

When funds in Court are by an order directed to be paid, transferred or delivered to any person named or described in an order, or in a certificate of the Registrar, except to a person therein expressed to be entitled to those funds as trustee, executor, or administrator, or otherwise than in his own right, or for his own use, the funds, or any portion thereof for the time being remaining unpaid, untransferred or undelivered may, unless the order otherwise directs, on proof of the death of that person, whether on or after or, in the case of payment directed to be made to a creditor as such, before the date of the order, be paid, transferred or delivered to the personal representatives of the deceased person, or to the survivors or survivor of them.

(2)

If no administration has been taken out to the estate of the deceased person who has died intestate, and whose assets do not exceed ten thousand ringgit, including the amount of the funds directed to be so paid, transferred or delivered to him, the funds may be paid, transferred or delivered to the person who, being widower, widow, child, father, mother, brother or sister of the deceased, would be entitled to take administration to his or her estate upon a declaration by that person in the prescribed form.