Section 77A
of Probate and Administration Act 1959
Section 77A
The Registrar, Deputy Registrars, Senior Assistant
Registrars and Assistant Registrars of the High Court, other than
Assistant Registrars constituted as such under subsection (2), shall have jurisdiction to seal any grant of probate or letters of administration granted by any court or authority in the Commonwealth outside Malaysia by whatever name designated, having jurisdiction in matters of probate and to hear and determine applications for, and to grant, probate or letters of administration—
(a)
in all cases which are uncontested; and
(b)
in all contested cases where it appears that the gross value of the estate of the deceased does not exceed twenty-five thousand ringgit.
(2)
All First Class Magistrates, other than ex officio Magistrates, shall be Assistant Registrars of the High Court for the purpose of hearing and determining applications for probate or letters of administration under this section where it appears that the gross value of the estate of the deceased does not exceed twenty-five thousand ringgit, and shall have jurisdiction to grant probate or letters of administration in those cases accordingly.
(3)
No grant of probate or letters of administration shall be invalid by reason of the assets and effects of the deceased being subsequently found to be of greater value than twenty-five thousand ringgit but the grantee shall be required to give such security for the due administration of the estate as is appropriate to the enhanced value.
(4)
Unless in such case as is referred to in subsection (3) the grantee complies without delay with the requirements of that subsection the grant may be revoked at the instance of the Registrar or on the application of any person having any interest as beneficiary or creditor in the assets of the estate.
(5)
Unless the Registrar in any particular case otherwise orders no security shall be required where the gross value of the estate
40
does not exceed ten thousand ringgit except where the person for whose use and benefit the grant is made is a minor.
(6)
This section shall have no application to an estate which falls to be dealt with under the Small Estates (Distribution) Act 1955.