Small Estates (Distribution) Act 1955 · Updated to 15 Jul 2024 · Part II · Administration of Small Estates
13. Order for distribution of small estate
Feedback & supportAt the conclusion of the hearing, the Estate Distribution
Officer shall by his order make provision for the payment out of the estate of the estate duty, if any, and of the funeral expenses and debts of the deceased, wherever arising, and for the repayment to any person of any fees paid by that person under this Act and may, if necessary,
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direct the whole or such part of the estate as he may specify to be sold and the expenses, debts, fees and duty to be paid from the proceeds of the sale and subject thereto and to the following provisions of this section shall distribute the residue of the estate according to their respective shares and interests among the beneficiaries but subject to section 15:
Provided that where there is in force any written law relating to baitulmal, the Estate Distribution Officer shall, before distributing any part of the estate of a deceased Muslim, satisfy himself that any share of the estate which is due to the baitulmal has been duly paid or proper provision made for the payment thereof.
Estate Distribution Officer
“Estate Distribution Officer” means an officer appointed under section 2C;
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:
the share of any minor or person of unsound mind in any immovable property to be registered in the name of a suitable person as a trustee; and
the Estate Distribution Officer or the Registrar of Titles to enter a caveat to protect the interest of the minor or person of unsound mind.
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.
property
“property” means immovable property or movable property or both; NOTE—The Interpretation Ordinance of Sarawak has been repealed by the Interpretation Ordinance, 2005 which comes into operation on 1 July 2005―see section 61…
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.
distribution order
“distribution order” means an order for the distribution of a small estate made under this Act;
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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.
purchaser
“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;
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.