Section 5
High Court to grant probate of testamentary dispositions relating to small estates
of Small Estates (Distribution) Act 1955
(1)
Subject to this section, nothing in this Act shall affect the exclusive jurisdiction of the High Court to grant probate of any will or testamentary disposition or letters of administration in any case in which the deceased has left a valid will or other valid testamentary disposition in respect of a small estate or part thereof and the grant when made shall have effect in all respects as if the estate had not been a small estate.
(2)
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—
(a)
grant letters of administration to any person to whom letters would have been granted on an intestacy if the estate had not been a small estate;
14 Laws of Malaysia ACT 98
(b)
direct that a petition for distribution of the estate be lodged under section 8; or
(c)
order any Estate Distribution Officer named in the order to proceed with the distribution of the estate as if a petition therefore had been duly lodged.
(3)
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