Determinant of roles of personal representative in administration of estates in Malaysia and its challenges

Administration of estate refers to a process of managing and distributing the deceased’s estate to the beneficiaries which take effect after his death. The tasks to administer the estate are handled by the personal representative from the beginning until the end of the administration. Appointment of...

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Main Authors: Drs Nasrul, Muhammad Amrullah, Mohd Salim, Wan Noraini, Halim, Akmal Hidayah, Abdul Hak, Nora
Format: Proceeding Paper
Language:English
English
Published: 2018
Subjects:
Online Access:http://irep.iium.edu.my/65468/
http://irep.iium.edu.my/65468/1/Roles%20of%20Personal%20Representative%20ICLAS%207.pdf
http://irep.iium.edu.my/65468/7/65468_Determinant%20of%20Roles%20of%20Personal%20Representative.pdf
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author Drs Nasrul, Muhammad Amrullah
Mohd Salim, Wan Noraini
Halim, Akmal Hidayah
Abdul Hak, Nora
author_facet Drs Nasrul, Muhammad Amrullah
Mohd Salim, Wan Noraini
Halim, Akmal Hidayah
Abdul Hak, Nora
author_sort Drs Nasrul, Muhammad Amrullah
building IIUM Repository
collection Online Access
description Administration of estate refers to a process of managing and distributing the deceased’s estate to the beneficiaries which take effect after his death. The tasks to administer the estate are handled by the personal representative from the beginning until the end of the administration. Appointment of capable personal representative is therefore important as administration of estate deals with various responsibilities and different complications throughout the entire process. This article heeds on the notion that the appointment of incompetent personal representative disrupts the process in the administration of estate that leads to adverse implications, including the misappropriation and delay in distribution of asset. This paper discusses on the roles and duties of the personal representative and the comparison between individual and institution assigned as the personal representative. This paper also highlights the challenges encountered by the personal representative in managing the estate of the deceased. As part of its research method, this qualitative legal study undertakes a library based study through the analysis of selected materials including journal articles, textbooks, statutes and cases. The findings from this writing indicate that ignorance of the roles and lack of deliberation in appointing personal representative serve as factors leading to adverse management which often results in incompletion of the administration. The insights from this paper contribute to the public in instilling the awareness as to the importance of personal representative in estate administration. It also contribute to the academic section as part of the integral knowledge under the law of inheritance.
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spelling iium-654682018-09-20T02:39:55Z http://irep.iium.edu.my/65468/ Determinant of roles of personal representative in administration of estates in Malaysia and its challenges Drs Nasrul, Muhammad Amrullah Mohd Salim, Wan Noraini Halim, Akmal Hidayah Abdul Hak, Nora K Law (General) KPG Malaysia Administration of estate refers to a process of managing and distributing the deceased’s estate to the beneficiaries which take effect after his death. The tasks to administer the estate are handled by the personal representative from the beginning until the end of the administration. Appointment of capable personal representative is therefore important as administration of estate deals with various responsibilities and different complications throughout the entire process. This article heeds on the notion that the appointment of incompetent personal representative disrupts the process in the administration of estate that leads to adverse implications, including the misappropriation and delay in distribution of asset. This paper discusses on the roles and duties of the personal representative and the comparison between individual and institution assigned as the personal representative. This paper also highlights the challenges encountered by the personal representative in managing the estate of the deceased. As part of its research method, this qualitative legal study undertakes a library based study through the analysis of selected materials including journal articles, textbooks, statutes and cases. The findings from this writing indicate that ignorance of the roles and lack of deliberation in appointing personal representative serve as factors leading to adverse management which often results in incompletion of the administration. The insights from this paper contribute to the public in instilling the awareness as to the importance of personal representative in estate administration. It also contribute to the academic section as part of the integral knowledge under the law of inheritance. 2018 Proceeding Paper NonPeerReviewed application/pdf en http://irep.iium.edu.my/65468/1/Roles%20of%20Personal%20Representative%20ICLAS%207.pdf application/pdf en http://irep.iium.edu.my/65468/7/65468_Determinant%20of%20Roles%20of%20Personal%20Representative.pdf Drs Nasrul, Muhammad Amrullah and Mohd Salim, Wan Noraini and Halim, Akmal Hidayah and Abdul Hak, Nora (2018) Determinant of roles of personal representative in administration of estates in Malaysia and its challenges. In: 7th International Conference on Law And Society (ICLAS 7), 11th-13th April 2018, Kota Kinabalu, Sabah. (Unpublished) https://iclas2018.org/parallel-sessions/
spellingShingle K Law (General)
KPG Malaysia
Drs Nasrul, Muhammad Amrullah
Mohd Salim, Wan Noraini
Halim, Akmal Hidayah
Abdul Hak, Nora
Determinant of roles of personal representative in administration of estates in Malaysia and its challenges
title Determinant of roles of personal representative in administration of estates in Malaysia and its challenges
title_full Determinant of roles of personal representative in administration of estates in Malaysia and its challenges
title_fullStr Determinant of roles of personal representative in administration of estates in Malaysia and its challenges
title_full_unstemmed Determinant of roles of personal representative in administration of estates in Malaysia and its challenges
title_short Determinant of roles of personal representative in administration of estates in Malaysia and its challenges
title_sort determinant of roles of personal representative in administration of estates in malaysia and its challenges
topic K Law (General)
KPG Malaysia
url http://irep.iium.edu.my/65468/
http://irep.iium.edu.my/65468/
http://irep.iium.edu.my/65468/1/Roles%20of%20Personal%20Representative%20ICLAS%207.pdf
http://irep.iium.edu.my/65468/7/65468_Determinant%20of%20Roles%20of%20Personal%20Representative.pdf