Malaysia legislation

Section 14

of *SMALL ESTATES (DISTRIBUTION) ACT 1955

Section 14

Determination of collateral disputes

(2)

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

(a)

any property or any right or interest in any such property forms part of the estate of the deceased;

(b)

any person is entitled beneficially to any property or any right or interest in any such property which the deceased at the time of his death held or was entitled to hold as a trustee and not beneficially;

(c)

any debt or liquidated sum in money is payable to any person claiming the same out of the assets of the deceased or any debt or liquidated sum in money is due or payable by any person to the estate of the deceased; and

(d)

any share or any right or interest in any share of a beneficiary in the estate of the deceased has been assigned to or vested in any other person, whether a beneficiary or not.

(3)

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.

(4)

(7)

(Deleted by Act A702).

(8)

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.

(9)

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

26 Laws of Malaysia ACT 98

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.

(10)

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