Administration of unclaimed estates in Malaysia: the peculiarities of unclaimed money, undistributed fund and bona vacantia

Issues relating to the complexities of unclaimed estates have become a national concern and a major recurring problem as the value of such estates is growing annually. However, despite the constant reports on the increasing value of unclaimed estates, it is very unfortunate that the exact types of u...

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Main Authors: Halim, Akmal Hidayah, Mohd Noor, Nor Azlina, Arshad, Azhani
Format: Article
Language:English
Published: Academic Research Publishing Group 2018
Subjects:
Online Access:http://irep.iium.edu.my/80128/
http://irep.iium.edu.my/80128/1/Administration%20of%20Unclaimed%20Estates%20In%20Malaysia.pdf
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author Halim, Akmal Hidayah
Mohd Noor, Nor Azlina
Arshad, Azhani
author_facet Halim, Akmal Hidayah
Mohd Noor, Nor Azlina
Arshad, Azhani
author_sort Halim, Akmal Hidayah
building IIUM Repository
collection Online Access
description Issues relating to the complexities of unclaimed estates have become a national concern and a major recurring problem as the value of such estates is growing annually. However, despite the constant reports on the increasing value of unclaimed estates, it is very unfortunate that the exact types of unclaimed estates remain hitherto uncertain and not specifically identified. Hence, this paper aims to examine the peculiarities of unclaimed estates in the administration of the deceased’s estate in Malaysia. The main focus is to analyse the position of the unclaimed money, the undistributed fund and the case of bona vacantia for the estate of a person dying intestate and leaving no heir to inherit accordingly. The discussion adopts the doctrinal analysis by examining the existing primary and secondary materials including statutory provisions, case law and other legal and non-legal literatures. The paper finds that the existence of various laws that governs different types of unclaimed estates has led to the distinctive methods in the administration and management of such estates. Hence, it is highly important that these types of estates together with legal and procedural mechanisms relating to the administration of such estates are clearly identified so that productive elements of such estates would be activated to the advantage of the rightful beneficiaries.
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spelling iium-801282020-04-23T23:24:50Z http://irep.iium.edu.my/80128/ Administration of unclaimed estates in Malaysia: the peculiarities of unclaimed money, undistributed fund and bona vacantia Halim, Akmal Hidayah Mohd Noor, Nor Azlina Arshad, Azhani K Law (General) K720 Property Law KPG Malaysia Issues relating to the complexities of unclaimed estates have become a national concern and a major recurring problem as the value of such estates is growing annually. However, despite the constant reports on the increasing value of unclaimed estates, it is very unfortunate that the exact types of unclaimed estates remain hitherto uncertain and not specifically identified. Hence, this paper aims to examine the peculiarities of unclaimed estates in the administration of the deceased’s estate in Malaysia. The main focus is to analyse the position of the unclaimed money, the undistributed fund and the case of bona vacantia for the estate of a person dying intestate and leaving no heir to inherit accordingly. The discussion adopts the doctrinal analysis by examining the existing primary and secondary materials including statutory provisions, case law and other legal and non-legal literatures. The paper finds that the existence of various laws that governs different types of unclaimed estates has led to the distinctive methods in the administration and management of such estates. Hence, it is highly important that these types of estates together with legal and procedural mechanisms relating to the administration of such estates are clearly identified so that productive elements of such estates would be activated to the advantage of the rightful beneficiaries. Academic Research Publishing Group 2018-12 Article PeerReviewed application/pdf en http://irep.iium.edu.my/80128/1/Administration%20of%20Unclaimed%20Estates%20In%20Malaysia.pdf Halim, Akmal Hidayah and Mohd Noor, Nor Azlina and Arshad, Azhani (2018) Administration of unclaimed estates in Malaysia: the peculiarities of unclaimed money, undistributed fund and bona vacantia. The Journal of Social Sciences Research, Special Issue (6). pp. 1075-1079. ISSN 2413-6670 E-ISSN 2411-9458 https://arpgweb.com/journal/journal/7/special_issue
spellingShingle K Law (General)
K720 Property Law
KPG Malaysia
Halim, Akmal Hidayah
Mohd Noor, Nor Azlina
Arshad, Azhani
Administration of unclaimed estates in Malaysia: the peculiarities of unclaimed money, undistributed fund and bona vacantia
title Administration of unclaimed estates in Malaysia: the peculiarities of unclaimed money, undistributed fund and bona vacantia
title_full Administration of unclaimed estates in Malaysia: the peculiarities of unclaimed money, undistributed fund and bona vacantia
title_fullStr Administration of unclaimed estates in Malaysia: the peculiarities of unclaimed money, undistributed fund and bona vacantia
title_full_unstemmed Administration of unclaimed estates in Malaysia: the peculiarities of unclaimed money, undistributed fund and bona vacantia
title_short Administration of unclaimed estates in Malaysia: the peculiarities of unclaimed money, undistributed fund and bona vacantia
title_sort administration of unclaimed estates in malaysia: the peculiarities of unclaimed money, undistributed fund and bona vacantia
topic K Law (General)
K720 Property Law
KPG Malaysia
url http://irep.iium.edu.my/80128/
http://irep.iium.edu.my/80128/
http://irep.iium.edu.my/80128/1/Administration%20of%20Unclaimed%20Estates%20In%20Malaysia.pdf