Malaysia legislation
Section 10
Section 10
The Administration of Native and Small Estates Ordinance* [Cap. 1.] is amended—
(a)
in section 2 thereof—
(i)
by inserting immediately after the word “native” in the second line of the definition of the expression “native estate” the words “or of a deceased
Muslim subject to the jurisdiction of a Native Court under paragraph (c) of subsection (1) of section 5 of the Native Courts Ordinance”* [Cap. 86.]; and
(ii)
by deleting the symbol and figure “RM3,000” which occurs in the second line of the definition of the expression “small estate” and by substituting therefor the symbol and figure “RM5,000”.
†(b) by repealing subsection (1) of section 10 and substituting therefor the following subsection—
“(1) After hearing the application the Collector shall, wherever possible, make an order for distribution and in making such order shall give effect to any division of the estate agreed on by any surviving spouse, issue and parents and shall, where no such agreement exists—
* Cap. 1 has been repealed by Act A 127 but not yet in force.
* Cap. 86 has been repealed by Enactment No. 3 of 1992.
† See Ord. No. 8 of 1961.
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(a)
in the case of a native or a Muslim, distribute the estate according to the law or custom having the force of law applicable to the deceased; and
(b)
in any other case, distribute the estate according to the will of the deceased, or if there be no will, distribute the estate in accordance with the Intestate Succession Ordinance, 1960”.
Amendment Wills Ordinance, Cap. 158.