Malaysia legislation

Section 68

of PROBATE AND ADMINISTRATION ACT 1959

Section 68

(a)

as to the immovable property upon trust, subject to section 60, to sell the same; and

(b)

as to the movable property upon trust to call in, sell and convert into money such part thereof as may not consist of money, with power to postpone the sale and conversion for such a period as the personal representatives, without being liable to account, may think proper, and so that any reversionary interest be not sold until it falls into possession, unless the personal representatives see special reason for sale.

(2)

Out of the net money to arise from the sale and conversion of the said movable and immovable property (after payment of costs), and out of the ready money of the deceased (so far as not disposed of by his will, if any), the personal representatives shall pay all such funeral, testamentary and administration expenses, debts and other liabilities as are properly payable thereout, and out of the residue of the said money the personal representatives shall set aside a fund sufficient to provide for any pecuniary legacies bequeathed by the will (if any) of the deceased.

(3)

During the minority of any beneficiary or the subsistence of any life interest, and pending the distribution of the whole or any part of the estate of the deceased, the personal representatives may invest the residue of the said money, or so much thereof as may not have been distributed, in any investments for the time being authorized by any written law for the investment of trust money, with power, at the discretion of the personal representatives, to change the investments for others of a like nature.

(4)

The residue of the said money and any investments for the time being representing the same, including (but without prejudice to the trust for sale) any part of the estate of the deceased which may be retained unsold and is not required for the administration purposes aforesaid, is in this Part referred to as “the residuary estate of the intestate”.

(5)

The income (including net rents and profits of immovable property after payment of rates, taxes, rents, costs of insurances,

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repairs and other outgoings properly attributable to income) of so much of the movable and immovable property of the deceased as may not be disposed of by his will, if any, or may not be required for the administration purposes aforesaid, may, however the estate is invested, as from the death of the deceased, be treated and applied as income, and for that purpose any necessary apportionment may be made between tenant for life and remainderman.

(6)

Nothing in this section affects the rights of any creditor of the deceased or the rights of the Government in respect of estate duty.

(7)

Where the deceased leaves a will, this section has effect subject to the will.

Administration of assets