Malaysia legislation
Section 6A
Seksyen 6A
(1)
Where any person against whom an action would have lain has died but the cause of action survives, the action may, if no grant of probate or administration has been made, be brought against the estate of the deceased.
(2)
Without prejudice to the generality of paragraph (1), an action brought against “the personal representatives of A. B. deceased” shall be treated, for the purposes of that paragraph, as having been brought against his estate.
(3)
An action purporting to have been commenced against a person shall be treated, if he was dead at its commencement, as having been commenced against his estate in accordance with paragraph (1), whether or not a grant of probate or administration was made before its commencement.
(4)
In any such action as is referred to in paragraph (1) or (3)—
(a)
the plaintiff shall, during the period of validity for service of the summons, apply to the Court for an order appointing a person to represent the estate of the deceased for the purpose of the proceedings or, if a grant of probate or administration has been made for an order that the personal representative of the deceased be made a party to the proceedings, and in either case for an order that the proceedings be carried on against the person appointed or, as the case may be, against the personal representative, as if he had been substituted for the estate;
(b)
the Court may, at any stage of the proceedings and on such terms as it thinks just and either of its own motion or on application, make any such order as is mentioned in subparagraph (a) and allow such amendments, if any, to be made and make such other order as the Court thinks necessary in order to ensure that all matters in dispute in the proceedings may be effectually and completely determined and adjudicated upon.
P.U. (A) 205 54
(5)
Before making an order under paragraph (4), the Court may require notice to be given to any insurer of the deceased who has an interest in the proceedings and to any person having an interest in the estate, if any, as it thinks fit.
Administrator to represent the estate of the deceased, the appointment shall be limited to his accepting service of the writ or originating summons by which the action was begun unless, either on making such an order or on a subsequent application, the Court, with the consent of the Official Administrator, directs that the appointment shall extend to taking further steps in the proceedings.
(6)
Where an order is made under paragraph (4), rules 7(4) and 8(3) and (4)
shall apply as if the order had been made under rule 7 on the application of the plaintiff.
(7)
Where no grant of probate or administration has been made, any judgment or order given or made in the proceedings shall bind the estate to the same extent as it would have been bound if a grant had been made and a personal representative of the deceased had been a party to the proceedings.
Change of parties by reason of death (O. 15, r. 7)