ADMINISTRATION OF ESTATES IN MALAYSIA: STEPPING INTO THE SHOES OF PERSON UNDER LEGAL DISABILITY

Abstract

Administration of estate law in Malaysia uphold the interest of legal beneficiaries especially those who are categorised as a person under legal disability upon the death of a person. Their vulnerability is the key element that justifies the needs for legal protection. This question is relevant as persons under legal disability may become a subject of abuse. One question that needles this aspect of the law is to what extent the law protects the interest of a person under disability in administration of the estate. The discussion covered the issue of a person under a disability as beneficiaries and also personal representatives. For this purpose, the paper analyses relevant statutory provisions as provided by the Probate and Administration Act 1959, Rules of Court 2012 and other relevant statutes. An analysis of the decided cases is also made to identify the judicial approach in protecting the person under disability. This article infers that the law prescribes a regulation in terms of a person under disability rights in the administration of estates in Malaysia. However, the application is not consistent as regard to minor and unsound mind. The law put extra emphasis on minor but silent in terms of unsound mind. Therefore, to ensure the interest of a person under disability is comprehensively protected, the law should be improved accordingly.