Malaysia legislation

Section 10

of SMALL ESTATES (DISTRIBUTION) (AMENDMENT) ACT 2022

Section 10

New sections 8b and 8c

The principal Act is amended by inserting after section 8a the following sections:

“Summary distribution 8b.  (1)  Where a petition for distribution is lodged or any subsequent application is filed under this Act, the petitioner or applicant may apply to the Estate Distribution Officer for a summary distribution order if the petition or application falls under the following cases:

(a)

in the case of the petition, it consists only of movable property and does not exceed six hundred thousand ringgit in total value; or

(b)

in the case of any subsequent application—

(i)

it consists only of movable property which has not been declared in the petition and does not exceed six hundred thousand ringgit in total value; or

(ii)

it is filed for the purpose of removing a trustee when a minor has attained age of majority.

(2)

The application for an order under subsection (1) may be made as may be prescribed.

(3)

Where the Estate Distribution Officer makes an order under subsection (1), the petition or subsequent application shall not be heard.

(4)

A copy of an order under subsection (1) shall be served on a petitioner or applicant who shall cause such copy of the order to be served on the beneficiaries.

(5)

For the purposes of this section, section 10 and subsection 13(4) shall apply.

Letters of administration pendente lite 8c.  Pending any distribution order, letters of administration may be granted to a petitioner or any beneficiary as the

Estate Distribution Officer may appoint, limited so that the administrator shall not be empowered to distribute the estate, and shall be subject to such control by, and direction of, the Estate Distribution Officer as the Estate Distribution Officer deems fit, and subject to that limitation the administrator so appointed shall have all the rights and powers of a general administrator.”.

Small Estates (Distribution) (Amendment)

11

Amendment of section 9