*SMALL ESTATES (DISTRIBUTION) ACT 1955

In bringing this Act into force in Sarawak, the Minister may by order make such modifications thereto as he deems necessary in

*NOTE—In its application to the Federal Territory of Labuan—see the Federal Territory of Labuan

(Modification of the Small Estate (Distribution) Act 1955) Order 2011 [P.U. (A) 20/2011] which comes into operation on 1 February 2011.

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relation to its application to the estates of deceased persons who at the time of their death were natives of Sarawak.

This Act shall come into force in the Federal Territory of

Labuan on such date as the Minister may by order specify, and such order may provide for such modifications to this Act in its application in the Federal Territory of Labuan as the Minister may deem necessary, and also for the consequential repeal or amendment of any other written law in so far as it applies in the Federal Territory of Labuan.

Interpretation

in relation to Sarawak, the District Officer appointed for a district and includes any Assistant District Officer or Sarawak

Administrative Officer appointed for the district or part thereof;

in relation to Sabah, the Collector of Land Revenue appointed for a district and includes any Assistant Collector of Land

Revenue appointed for the district or part thereof; and

NOTE—The Companies Act 1965 [Act 125] has been repealed by the Companies Act 2016 [Act 777]

which comes into operation on 31 January 2017―see subsection 620(1) of Act 777.

Small Estates (Distribution) 9

in relation to the States in Peninsular Malaysia, the Land

Administrator appointed for a district and includes any

Assistant District Land Administrator appointed for the district or part thereof;

“Majlis”, in relation to a State, means the Majlis Agama Islam, by whatever name called, established under any written law for the purpose of administering Islamic law;

“native” means a native of Sabah or a native of Sarawak;

“native of Sabah” has the meaning assigned to the word “native” in the Interpretation (Definition of Native) Ordinance of Sabah [Cap. 64];

“native of Sarawak” has the meaning assigned to the word “native”

in the Interpretation Ordinance of Sarawak [Cap. 1];

“Native Title” has the meaning assigned thereto in the Land

Ordinance of Sabah [Cap. 68];

“patient” means a person who is a sole beneficiary, suffering from serious illness or injury, or who is bedridden, and unable to attend any proceedings under this Act;

“petition for distribution” means a petition for the distribution of a small estate lodged under section 8;

“prescribed” means prescribed by regulations made by the Minister under section 30;

“President” means the President of Estate Distribution appointed under subsection 2A(1);

“property” means immovable property or movable property or both;

NOTE—The Interpretation Ordinance of Sarawak [Cap. 1] has been repealed by the Interpretation

Ordinance, 2005 [Cap. 61] which comes into operation on 1 July 2005―see section 61 of Cap. 61.

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“purchaser” means a person who, at the date of the filing by himself, or by any other person, of a petition for distribution, is in occupation of any land registered in the name of the deceased, whether as sole proprietor or co-proprietor, by virtue of an agreement for the sale of that land or any interest therein by the deceased to himself or to any person through whom he claims, or is in possession of any movable property sold by the deceased by a written agreement;

“Registrar” means the Registrar of the High Court and includes a

Deputy Registrar, a Senior Assistant Registrar and an Assistant

Registrar of the High Court;

“Registrar of Titles” includes a Registrar or Assistant Registrar appointed under section 3 of the Land Code of Sarawak [Cap. 81];

“State” includes a Federal Territory;

“valuation officer” means a valuation officer employed by the

Government and includes an assistant valuation officer or a registered valuer under the Valuers, Appraisers, Estate Agents and Property

Managers Act 1981 [Act 242].

PART IA

PRESIDENT OF ESTATE DISTRIBUTION,

DEPUTY PRESIDENT OF ESTATE DISTRIBUTION AND

ESTATE DISTRIBUTION OFFICER

Appointment and powers of President of Estate Distribution

The President shall have all such powers as may be necessary for or in connection with the exercise of his powers under this Act or which are reasonably incidental to such exercise.

Small Estates (Distribution) 11

Without prejudice to the generality of subsection (2), the powers of the President shall include the power to determine the territorial jurisdiction of any Estate Distribution Officer to deal with the distribution and administration of any estate falls within the Act and to have direct control and supervision over all the Estate

Distribution Officers appointed under this Act.

Appointment of Deputy President of Estate Distribution

If for any reason the President is unable to exercise his powers, the Minister may appoint one of the Deputy Presidents to exercise the powers of the President.

Appointment of Estate Distribution Officer

For the purposes of this Act, a small estate means an estate of a deceased person consisting of any property situated in any State and not exceeding five million ringgit in total value.

(Proviso omitted by P.U. (B) 217/1974).

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For the purposes of this section, the value of the property comprised in an estate shall be deemed to be its value at the date of the filing of a petition for probate or letters of administration or lodging of a petition for distribution under this Act in respect of the estate or, if more than one such petition has been filed or lodged in respect of the same estate, at the date of the filing or lodging of the earliest petition.

In ascertaining the value of the property comprised in an estate, no deduction shall be made on account of the debts of the deceased but there shall not be included in the estate for those purposes any property which the deceased held or was entitled to as a trustee and not beneficially:

Provided that any land held in the name of the deceased by any form of registered title shall be deemed to be part of his estate whether subject to caveat or not unless the land is expressly registered in his name as representative or as trustee or as guardian.

Jurisdiction in respect of small estates

The Estate Distribution Officer of the state where a petition has been lodged or in the case of more than one petition has been lodged, the Estate Distribution Officer of the state where the first petition has been lodged, shall have exclusive jurisdiction to deal with the distribution and administration of the whole estate wherever situated:

Provided that where the property is situated partly in one State and partly in another, the President may upon application duly made in that behalf, order that any petition under this Act shall be heard and determined by the Estate Distribution Officer of any other state, whenever it is made to appear that such an order will tend to the general convenience of the parties or witnesses or is otherwise expedient for the ends of justice; and the Estate Distribution Officer shall thereupon

Small Estates (Distribution) 13

have exclusive jurisdiction to order distribution of the estate and, if necessary, to grant letters of administration thereof.

Any order made by the Director of Lands and Mines or the

President under subsection (2) shall be final and not subject to any appeal.

A copy of any order made under subsection (2) shall be sent to the applicant and to any Estate Distribution Officer who in the opinion of, the President is affected thereby.

The Estate Distribution Officer for each state in which is situated any part of the property comprised in an estate in respect of which a petition for distribution has been lodged or a valuation officer shall determine the value of that property, as at the date of lodging the petition, or, if more than one petition has been lodged, as at the date of lodging the earliest petition, and every such valuation shall be conclusive for the purposes of this Act.

High Court to grant probate of testamentary dispositions relating to small estates

If upon the hearing of any petition for probate or for letters of administration with the will or copy of a will annexed, probate or letters of administration with the will or a copy of a will annexed are not granted, the Court may if satisfied that all the necessary parties are before the Court—

Where any order is made under paragraph (2)(c), the Estate

Distribution Officer therein named shall, upon receipt of a copy of the order, forthwith proceed to distribute the estate in accordance with this

Act.

High Court to have power to reseal a grant of representation affecting a small estate

If at any stage of any proceedings in the High Court relating to the estate of a deceased person it appears—

Small Estates (Distribution) 15

Where any person has died intestate leaving a small estate, any person claiming to be interested in the estate as a beneficiary, or a creditor, or a purchaser, or in the circumstances mentioned in subsection 18(1), the Corporation, or Majlis, or guardian, or next friend, may lodge with the Estate Distribution Officer at any state wherever the property comprised in the estate is situated a petition, in the prescribed form, for the distribution of the estate.

The petitioner shall deliver to the Estate Distribution Officer all issue documents of title or other documents evidencing title to property relating to the estate in his possession or power or other supporting documents evidencing the statements claimed in the petition.

The Estate Distribution Officer shall thereupon give notice to the principal registry of the High Court of the lodging with him of the petition and shall ascertain from the registry whether any petition relating to the estate has, before that petition having been lodged, been filed in the High Court or lodged with any other Estate Distribution

Officer.

If no such petition has been so filed or lodged, the Estate

Distribution Officer shall investigate the facts and matters alleged in the

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petition and determine whether the estate is or is not a small estate and whether he has jurisdiction under section 4.

For the purpose of determining whether any estate is or is not a small estate, the Estate Distribution Officer or a valuation officer shall value the property comprised therein wherever situate, if any.

The valuation of the property comprised in an estate by the

Estate Distribution Officer or a valuation officer under this section shall be conclusive for the purpose of this Act.

Notwithstanding subsection (6), where the valuation of the property for petition for distribution is more than one, the Estate

Distribution Officer shall examine each valuation and decide which valuation to be applied in determining whether any estate is or is not a small estate and his decision shall be final and the valuation shall be conclusive for the purposes of this Act.

If the Estate Distribution Officer decides that the estate is not a small estate, he shall transfer the petition, with or without amendment, to the High Court and the petition shall, unless the Court otherwise directs, be treated therein as if it were a petition for letters of administration upon an intestacy;

Provided that this subsection shall not apply in any case where a petition in respect of the estate has been transferred to the Estate

Distribution Officer under subsection 7(1).

If the Estate Distribution Officer decides that the estate is a small estate, he shall deal with the petition in accordance with subsection 4(2)

but if it appears to him that it would be more expedient for the petition to be heard by another Estate Distribution Officer, he may apply to the

President, for an order to be made under subsection 4(2).

If upon ascertaining from the principal registry of the High

Court, the Estate Distribution Officer has notice that any other petition for distribution had been previously lodged in respect of the estate with any other Estate Distribution Officer or that any application has been made to the President under subsection 4(2) or that any petition for probate or letters of administration with a will or a copy of a will

Small Estates (Distribution) 17

annexed has been filed in the High Court in respect of the estate, he shall strike out the petition before him and inform the petitioner accordingly.

The Minister may, with the approval of the State Authority, by notification in the Gazette, appoint a date for the coming into operation of this section in relation to the Majlis.

When any movable property is administered by the Corporation

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

in the case of any subsequent application—

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

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

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

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.

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

shall apply.

Letters of administration pendente lite

Subject to section 8, the Estate Distribution Officer having jurisdiction in respect of the small estate shall, as soon as possible, after the lodging of the petition for distribution thereof, cause notice of the petition and of the date and place of hearing to be served on the petitioner in the prescribed manner and upon receiving such notice, the petitioner shall serve a copy of the notice on all persons who are named and addressed in the petition as beneficiaries of or claimants to the estate or any interest in the estate:

Provided that no proceedings under this Act shall be invalid on account of any omission or failure to serve any such notice upon any

Small Estates (Distribution) 19

person unless the omission or failure has in the opinion of the High

Court occasioned any substantial injustice.

(Deleted by Act A1643).

Appointment of representatives of minors or persons of unsound mind or patient

For the purposes of subsection (1)—

The next friend appointed under this section shall assist the patient in any matter relating to proceedings for the distribution of the estate so far as not detrimental to the interest of the patient.

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Place of hearing of petition for distribution

Every place in which a petition for distribution is heard shall during the hearing be deemed an open and public place to which the public shall have access.

Notwithstanding subsection (2), the Estate Distribution

Officer shall have power to restrict public access to the hearing of any petition or any part of the petition if he is satisfied that it is expedient in the interests of public safety, public security or propriety, or for other sufficient reason to do so.

Without prejudice to the extent of his powers under subsection (1), where the question, or one of the questions, at issue in any hearing of a petition for distribution relates to a particular property, the Estate

Distribution Officer may, in his discretion, hold the hearing, or any part thereof at a convenient place on or near to that property.

Estate Distribution Officer’s power to summon and examine witnesses, administer oaths or affirmations, and compel production and delivery of documents

Every person required to appear before, or to produce or deliver any document to, the Estate Distribution Officer under subsection (1) shall be legally bound to do so within the meaning of sections 174 and 175 of the Penal Code [Act 574].

Small Estates (Distribution) 21

Procedure on hearing and the duties of Estate Distribution Officer thereon

The Estate Distribution Officer may, in his discretion, examine as a witness any person who appears to him to be capable of giving relevant evidence and shall allow him to be cross-examined by any person present who claims to be interested in the estate or who has been appointed a guardian or next friend of any such person under section 10.

The Estate Distribution Officer may require the attendance of any person whom he believes to be able to give any material information regarding the deceased or his estate and may examine him as a witness.

The Estate Distribution Officer shall call evidence when necessary to ascertain the religious or customary law applicable to the devolution of the estate of the deceased.

The Estate Distribution Officer shall ascertain the amounts of the estate duty, if any, the funeral expenses and debts of the deceased, wherever arising.

The Estate Distribution Officer shall consider the claims of any alleged purchasers who attend the hearing and shall ascertain and record who, at the date of the hearing, is in actual occupation or possession of any property claimed by an alleged purchaser, the date, as nearly as the evidence admits, when he went into occupation or possession, and who, at the date of lodging the petition, was in possession of the relevant issue document of title or other supporting documents relating to the purchase of the property.

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The Estate Distribution Officer shall ascertain, in such manner as may be most appropriate, the law applicable to the devolution of the estate of the deceased, and shall decide who in accordance with that law are the beneficiaries and the proportions of their respective shares and interests.

The Estate Distribution Officer may, if he considers it necessary or desirable, adjourn the hearing from time to time and may appoint a different place for any such adjourned hearing.

At any time before the making of a distribution order, the

Estate Distribution Officer may reopen the hearing for the purpose of taking further evidence on any relevant matter and shall reopen the hearing for such purpose if so directed by the President.

Where the Estate Distribution Officer who is conducting or has conducted any hearing of a petition under this section dies, or is unable through illness, transfer or any other cause to exercise his functions under this Act, any other Estate Distribution Officer may continue with the hearing or re-hear the whole or part of the evidence already taken or carry out any other functions under this Act in relation to the petition.

Where any beneficiary whose name stated in the petition is unable to attend the hearing, the Estate Distribution Officer may direct the petitioner to submit a letter of consent in a prescribed form from the beneficiary within such time as determined by the Estate

Distribution Officer.

Where the letter of consent referred to in subsection (11) is not submitted, the Estate Distribution Officer may, as he thinks fit, proceed to conclude the hearing.

Order for distribution of small estate

Where a petition involves a beneficiary who is a minor or a person of unsound mind, the Estate Distribution Officer shall make the following order:

If the Estate Distribution Officer finds that the deceased was a trustee for any person of any land held in the name of the deceased though not registered as such, he shall unless in any case he thinks it proper to refer to the Court order the trust property to be transmitted to a new trustee or to the beneficiary as he shall think fit but without prejudice to any registered rights or interests in the land of any creditor of the deceased or any person deriving title through the deceased.

If the nature of the case so requires, the Estate Distribution

Officer shall, instead of or in addition to making a distribution order, grant letters of administration to such number of persons as he shall think fit. The letters of administration shall be subject to such limitations as the Estate Distribution Officer may think fit to specify in the grant.

24 Laws of Malaysia ACT 98

If the Estate Distribution Officer finds that any person has proved his claim to be a purchaser within the meaning of section 2, he shall, by his order, transmit or transfer the property to the purchaser, subject to such conditions as to the payment of any outstanding balance of the purchase money or otherwise as he may think fit to impose.

If in the opinion of the Estate Distribution Officer any person claiming to be a purchaser of any property is not such a purchaser but is entitled to any sum as compensation or relief out of the estate of the deceased, he shall record a finding to that effect and shall provide in the order for the payment of that sum to that person as a debt of the deceased.

If it appears that the estate is or is likely to be insolvent, the

Estate Distribution Officer shall grant letters of administration to some fit person on behalf of the general body of creditors or else order the estate to be administered in bankruptcy by the *Director General of

Insolvency.

Direction or declaration by the Corporation in respect of movable property

For the purposes of this section, a “collateral dispute” means a dispute as to whether—

In the case of any collateral dispute, the Estate Distribution

Officer shall, after ensuring that all necessary parties are before him or have had sufficient opportunity to attend, proceed to hear and determine the dispute and may make such order thereon as may be just.

–

Subject to any regulations made under section 30, sections 9,

10, 11 and 12, with such modifications as may be necessary, shall apply to the hearing and determination of collateral disputes by Estate

Distribution Officers under this section.

Any order made by a Estate Distribution Officer under this section shall have the same force and effect and shall be enforceable in

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the same manner as if it had been made by a court but there shall be no appeal from such an order except under section 29.

The Estate Distribution Officer shall, when necessary, give effect by his distribution order to any order made by him under this section.

Powers of the Estate Distribution Officer in distributing the estate

Where any such agreement has been entered into by all the beneficiaries who are of full age and capacity, the Estate Distribution

Officer may, if in his opinion it is in the interests of any other beneficiary who is a minor or a person not of full capacity to do so, assent to the agreement on behalf of that minor or person and may thereupon after recording the terms of the agreement and the assent of the parties thereto and of his own assent on the part of the minor or person distribute the estate in the manner provided for by the agreement.

Where two or more beneficiaries are entitled to share in any land comprised in the estate, the Estate Distribution Officer may, at his discretion, having regard to the interests of those concerned and the interests of good cultivation—

The Estate Distribution Officer, at his discretion, in order to prevent the excessive subdivision of land or the holding of small lots of land in common by numerous persons or in complicated fractional interests—

Where any beneficiary fails to agree to the sale of the land or any part of it, the Estate Distribution Officer may order the land or any part of it to be sold in such manner as may be prescribed based on the consent of the beneficiaries holding two-third majority shares on the land or any part of it.

In the exercise of the power under subsection (4A), the Estate

Distribution Officer shall take into account the interest of the beneficiaries to be secured and protected.

In the exercise of any discretion under this section, the Estate

Distribution Officer shall take into consideration the matters set forth in the First Schedule.

Where two or more beneficiaries are entitled to a share in any movable property comprised in the estate, the Estate Distribution

Officer may, at his discretion, having regard to the interest of those concerned, order the property to be sold in such manner as may be prescribed.

No distribution order made in accordance with subsections (3),

, (5) and (5A) shall have effect where any beneficiary affected thereby is a native, unless every such beneficiary being of full age and capacity shall have assented thereto, and where any beneficiary is a minor or a person not of full capacity, the assent shall have been given on his behalf by a guardian appointed under section 10.

Procedure after hearing

The Estate Distribution Officer in making a distribution order may make an order for entry of caveat and the Land Administrator or

Registrar of Title, upon receiving the distribution order, shall give effect to such order accordingly.

Where a sum of money in the possession of the Estate

Distribution Officer is payable to any person under or by virtue of a distribution order, the Estate Distribution Officer shall deposit such sum of money with the *Corporation or Majlis if—

Where a sum of money has been deposited with the

Corporation or Majlis under subsection (3), the Corporation or Majlis shall hold such sum as trustee for the person entitled to it, and may apply the same for the benefit of that person, or may pay the said sum to that person if he makes a claim thereto in writing and the

Corporation or Majlis is satisfied as to his identity, entitlement and legal capacity to receive it.

The Minister may, with the approval of the State Authority, by notification in the Gazette, appoint a date for the coming into operation of this section in relation to the Majlis.

*NOTE―The original provision which used the words “Official Administrator” is now construed as “Corporation”―see subsection 43(3) of the Public Trust Corporation Act 1995 [Act 532].

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Amendment of order

No amendment other than an amendment to correct a clerical error shall be made by the Estate Distribution Officer or any person affected by the order unless it is made in accordance with the regulations made by the Minister.

Subsequent applications

Where a minor beneficiary has attained majority, or a person of unsound mind has been certified by a Government Medical Officer that the person is no longer a person of unsound mind, the Estate

Distribution Officer may either request the Land Administrator or

Registrar of Titles to withdraw the caveat to enable the trustee to transfer the interest to the beneficiary or make an order transmitting the interest from the trustee to the beneficiary as proprietor and in the latter case, an order withdrawing the caveat may be incorporated in the same instrument as the transmission.

The Estate Distribution Officer may for any cause he thinks fit at any time either of his own motion or on the application of any beneficiary or creditor, revoke any grant of administration made by

Small Estates (Distribution) 31

him and may likewise order any administrator to file accounts or to supply such other particulars concerning the administration of the estate as he may require.

Duty of Corporation and Majlis

Any fees payable under this section as may be prescribed and may be paid out of the estate.

The Minister may, with the approval of the State Authority, by notification in the Gazette, appoint a date for the coming into operation of this section in relation to the Majlis.

Reference on point of law or custom

if the question relates to Islamic law or Malay custom or to native law or custom of Sabah or Sarawak, refer the matter for decision to the Ruler of the State or to such other person or body of persons as the Ruler may direct; or

if the question relates to any other matter, may state a case for the opinion and directions of the High Court.

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Every reference and every statement of case under subsection (1)

shall be in writing and shall contain a statement of the facts on which an opinion or decision is required, and the Estate Distribution Officer shall give effect to any opinion, decision or directions thereby obtained.

Where any question is referred to the High Court under this section, the reference may be heard and disposed of by a Judge in

Chambers.

The High Court shall not give any opinion upon any question referred to it under this section unless all those persons interested in the proceedings who in the opinion of the High Court are likely to be affected by the opinion have had an opportunity to appear and be heard by the Court either in person or by advocate and the costs of any such hearing shall be borne by such persons or by the estate and in such proportion as the Court may direct.

Part II shall apply without modification in all cases where the deceased was not a member of a tribe.

Where the deceased was a member of a tribe, Part II shall take effect subject to the provisions of this Part in respect of any property comprised in the estate of the deceased and situated within the districts to which this Part applies.

Small Estates (Distribution) 33

Interpretation

This Part shall be read with the Enactment and words defined therein shall have the same meanings in this Act.

In the event of any conflict between this Act and the

Enactment, the provisions of the Enactment shall prevail.

For the purpose of this Part, the estate shall not include such part of the estate as is “customary estate” within the meaning of the

Enactment.

All tribal estates to be “small”

Where the deceased has left customary estate in addition to other property, the Land Administrator or other officer nominated

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under this section shall, wherever practicable, fix the hearing of the application under section 10 of the Enactment for the same time and place as the hearing under section 12 of this Act.

Principles of distribution

if any land appears to be ancestral customary land, though not registered as such, it shall be transmitted to the customary heiress, subject if necessary to life occupancy;

where any property is found as a fact to be harta pembawa or harta dapatan, it may be transmitted to the customary heiress of the deceased subject to the right of any other person to a share in or charge over that property according to the principle of untung, where applicable, and on registration of the order the Land Administrator may, if necessary, add the words

“Customary Land” to any title affected but he shall not be bound to do so;

where any property is found as a fact to be harta carian bujang or harta carian laki bini, it may be transmitted according to the custom of the luak and on registration of the order the Land

Administrator may, if necessary, add the words “Customary

Land” to any title affected but he shall not be bound to do so;

the Land Administrator shall give effect to customary adoptions where they are satisfactorily proved;

in all cases, regard shall be had to any partial distribution of property made or agreed upon in the lifetime of the deceased and to the existence of any property which is affected by any such distribution or agreement though not part of the estate;

Small Estates (Distribution) 35

wherever practicable, the Land Administrator shall avoid transmitting undivided shares in any one lot to members of different tribes; and

where funeral expenses are by the custom chargeable on specific property and the party on whom that property ought to devolve has not paid them, the Land Administrator may require the party to pay the funeral expenses as a condition of inheriting that property or may, by the order, charge that property with the amount of the funeral expenses.

Appeals

Unless and until an Appeal Committee is appointed under subsection (1), any such appeal shall be heard in the same manner as an appeal under section 15 of the Enactment.

In the case of an estate which is deemed to be a small estate under subsection (1), Part II shall take effect subject to this Part. In the case of other small estates, Part II shall apply without modification.

Small estates of natives of Sabah

Where before the coming into force of this Act a grant of probate or letters of administration has been made by any authority other than the High Court, and the estate has not been fully administered, any further application relating to the same estate may be made to a Judge or Registrar of the High Court in the State in which the grant was made and thereupon the Registrar shall call for the file of the former proceedings which may be continued as though they had been commenced in his registry:

Provided that if for any reason, in the opinion of the Judge or the

Registrar, the proceedings cannot conveniently be so continued, the

Judge or Registrar may direct that a new petition be filed in the High

Court or that a petition for distribution be lodged with a Estate

Distribution Officer pursuant to section 8.

Where before the coming into force of this Act an application for distribution or for a grant of letters of administration of a small estate under any written law repealed by this Act has been made to a

38 Laws of Malaysia ACT 98

Estate Distribution Officer or, in the case of Sarawak, a Probate

Officer, and the estate has not been fully administered, the Estate

Distribution Officer shall have jurisdiction to continue the proceedings and shall continue them in accordance with this Act, as early as the circumstances admit.

Exclusion of provisions of certain other laws

For the purposes of subsection (1), the procedure in relation to such appeal shall be subject to the rules of court applicable in the

High Court.

Small Estates (Distribution) 39

If any doubt or difficulty shall arise on any point of procedure in any such appeal, any party may apply in writing to the Registrar at the registry in which the appeal is pending or intended to be filed and the Registrar shall give such directions as may be necessary.

The decision of the High Court upon any such appeal shall be final, and shall not be subject to any further appeal.

Decisions of the Native Court in Sabah shall be subject to appeal and revision as provided in the constitution of that Court.

Regulations

No solicitor’s costs shall be allowed out of any small estate except that in a case where the estate exceeds three thousand ringgit in value, the Estate Distribution Officer may, for special reasons stated in the order, allow such costs to an amount not exceeding the amount of such costs as might be awarded in a Sessions Court in a comparable proceeding.

Repeal

(Omitted).

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Saving and transitional

Subject to this Act, the *Corporation shall be deemed to have taken the place of the Administrator General, Sabah, and of the Probate

Officers in Sarawak.

Special provisions for Malacca and Penang

Any order, letter of administration, decision, determination, direction, certification, appointment, reference, action and notice in relation to the distribution of a small estate made, done or issued by the Land Administrator under the principal

Act before the date of coming into operation of this Act, shall be deemed to be made, done or issued by the Estate Distribution Officer and continue to be in force.

*NOTE―The original provision which used the words “Official Administrator” is now construed as

“Corporation”―see subsection 43(3) of the Public Trust Corporation Act 1995 [Act 532].

Small Estates (Distribution) 41

Any appeal to any order, decision or act made or done under section 29 of the principal Act before the date of coming into operation of this Act shall, after the date of coming into operation of this Act, be continued as if section 29 of the principal

Act has not been amended by this Act.

[Subsection 15(5)]

MATTERS TO BE TAKEN INTO CONSIDERATION BY ESTATE

DISTRIBUTION OFFICER IN DISTRIBUTION ESTATE

In the exercise of any discretion of the Estate Distribution Officer to determine whether to make a distribution order in accordance with any agreement between the beneficiaries or in settling the terms of any distribution order providing for the distribution of property, the Estate Distribution Officer shall have regard to the following considerations:

Short title

Extent of Repeal

F.M.S. Cap.

…

The Probate and Administration