Section 12
Procedure on hearing and the duties of Estate Distribution Officer thereon
of Small Estates (Distribution) Act 1955
(1)
The Estate Distribution Officer shall record in writing the evidence of all witnesses in attendance, and allow cross-examination of any such witnesses 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. All such evidence shall be given on oath or affirmation.
(2)
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.
(3)
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.
(4)
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.
(5)
The Estate Distribution Officer shall ascertain the amounts of the estate duty, if any, the funeral expenses and debts of the deceased, wherever arising.
(6)
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.
22 Laws of Malaysia ACT 98
(7)
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.
(8)
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.
(9)
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.
(10)
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.
(11)
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.
(12)
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.