SMALL ESTATES (DISTRIBUTION) ACT 1955

LAWS OF MALAYSIA ONLINE VERSION OF UPDATED TEXT OF REPRINT Act 98 SMALL ESTATES (DISTRIBUTION) ACT 1955 As at 15 July 2024 This text is ONLY AN UPDATED TEXT of the Small Estates (Distribution) Act 1955 by the Attorney General’s Chambers. Unless and until reprinted pursuant to the powers of the Commissioner of Law Revision under subsection 14(1) of the Revision of Laws Act 1968 [Act 1], this text is NOT AN AUTHENTIC TEXT. 2 SMALL ESTATES (DISTRIBUTION) ACT 1955 First enacted … … … … … … … 1955 (Ordinance No. 34 of 1955) Revised … … … … … … … … Latest amendment made by Act A1643 which came into operation on … … … … 1972 (Act 98 w.e.f. 1 November 1972) 15 July 2024 PREVIOUS REPRINTS First Reprint … … … 1994 Second Reprint … … … 2000 Third Reprint … … … 2006 Fourth Reprint … … … 2015 3 LAWS OF MALAYSIA Act 98 SMALL ESTATES (DISTRIBUTION) ACT 1955 ARRANGEMENT OF SECTIONS PART I PRELIMINARY Section 1. Short title and commencement 2. Interpretation PART IA PRESIDENT OF ESTATE DISTRIBUTION, DEPUTY PRESIDENT OF ESTATE DISTRIBUTION AND ESTATE DISTRIBUTION OFFICER 2A. Appointment and powers of President of Estate Distribution 2B. Appointment of Deputy President of Estate Distribution 2 C. Appointment of Estate Distribution Officer PART II ADMINISTRATION OF SMALL ESTATES 3. Application of Part and definition of small estate 4. Jurisdiction in respect of small estates 5. High Court to grant probate of testamentary dispositions relating to small estates 6. High Court to have power to reseal a grant of representation affecting a small estate 4 Laws of Malaysia ACT 98 Section 7. Power of the Registrar to transfer petitions relating to an intestate small estate to the Estate Distribution Officer 8. Petition for distribution 8A. When any movable property is administered by the Corporation 8B. Summary distribution 8 C. Letters of administration pendente lite 9. Service of notice of petition for distribution 10. Appointment of representatives of minors or persons of unsound mind or patient 11. Place of hearing of petition for distribution 11A. Estate Distribution Officer’s power to summon and examine witnesses, administer oaths or affirmations, and compel production and delivery of documents 12. Procedure on hearing and the duties of Estate Distribution Officer thereon 13. Order for distribution of small estate 13A. Direction or declaration by the Corporation in respect of movable property 14. Determination of collateral disputes 15. Powers of the Estate Distribution Officer in distributing the estate 16. Procedure after hearing 16A. Amendment of order 17. Subsequent applications 18. Duty of Corporation and Majlis 19. Reference on point of law or custom PART III SPECIAL PROVISIONS RELATING TO NEGERI SEMBILAN 20. Application of Part 21. Interpretation 22. All tribal estates to be “small” 23. Jurisdiction 24. Principles of distribution 25. Appeals Small Estates (Distribution) PART IV SPECIAL PROVISIONS RELATING TO SABAH Section 26. Application of Part 26A. Certain native estates to be “small” 26B. Small estates of natives of Sabah 26C. Procedure of Native Courts in Sabah 26D. Sale of native land in Sabah PART V MISCELLANEOUS 27. Estate partly administered 28. Exclusion of provisions of certain other laws 29. Appeal 30. Regulations 31. Advocates 32. Repeal 33. Saving and transitional 34. Special provisions for Malacca and Penang FIRST SCHEDULE SECOND SCHEDULE THIRD SCHEDULE 5 7 LAWS OF MALAYSIA Act 98 SMALL ESTATES (DISTRIBUTION) ACT 1955 An Act relating to the distribution of small estates of deceased persons and matters incidental thereto. [Kelantan—1 December 1955, L.N. 494/1955; Johore, Negeri Sembilan, Pahang, Perak, Perlis, Selangor and Terengganu—1 July 1957, L.N. 258/1957; Kedah—1 August 1962, L.N. 176/1962; Penang—23 December 1965, Pg. L.N. 35/1965; Malacca—30 December 1965, M.L.N. 65/1965; *Federal Territory of Labuan—1 January 1989, P.U. (B) 724/1988] PART I PRELIMINARY Short title and commencement 1. (1) This Act may be cited as the Small Estates (Distribution) Act 1955, and shall come into force in relation to any State on such date as the Minister may, by notification in the Gazette, appoint and the Minister may appoint different dates for different provisions of this Act. (2) In bringing this Act into force in Sarawak, the Minister may by order make such modifications thereto as he deems necessary in *NOTE—In its application to the Federal Territory of Labuan—see the Federal Territory of Labuan (Modification of the Small Estate (Distribution) Act 1955) Order 2011 [P.U. (A) 20/2011] which comes into operation on 1 February 2011. 8 Laws of Malaysia ACT 98 relation to its application to the estates of deceased persons who at the time of their death were natives of Sarawak. (2A) This Act shall come into force in the Federal Territory of Labuan on such date as the Minister may by order specify, and such order may provide for such modifications to this Act in its application in the Federal Territory of Labuan as the Minister may deem necessary, and also for the consequential repeal or amendment of any other written law in so far as it applies in the Federal Territory of Labuan. Interpretation 2. In this Act, unless the context otherwise requires— “Corporation” means the Amanah Raya Berhad, a company incorporated under the Companies Act 1965 [Act 125] pursuant to section 3 of the Public Trust Corporation Act 1995 [Act 532]; “distribution order” means an order for the distribution of a small estate made under this Act; “Estate Distribution Officer” means an officer appointed under section 2C; “High Court” means the High Court in Malaya or the High Court in Sabah and Sarawak, as the case may require; “Land Administrator” means— (a) in relation to Sarawak, the District Officer appointed for a district and includes any Assistant District Officer or Sarawak Administrative Officer appointed for the district or part thereof; (b) in relation to Sabah, the Collector of Land Revenue appointed for a district and includes any Assistant Collector of Land Revenue appointed for the district or part thereof; and NOTE—The Companies Act 1965 [Act 125] has been repealed by the Companies Act 2016 [Act 777] which comes into operation on 31 January 2017―see subsection 620(1) of Act 777. Small Estates (Distribution) 9 (c) in relation to the States in Peninsular Malaysia, the Land Administrator appointed for a district and includes any Assistant District Land Administrator appointed for the district or part thereof; “Majlis”, in relation to a State, means the Majlis Agama Islam, by whatever name called, established under any written law for the purpose of administering Islamic law; “native” means a native of Sabah or a native of Sarawak; “native of Sabah” has the meaning assigned to the word “native” in the Interpretation (Definition of Native) Ordinance of Sabah [Cap. 64]; “native of Sarawak” has the meaning assigned to the word “native” in the Interpretation Ordinance of Sarawak [Cap. 1]; “Native Title” has the meaning assigned thereto in the Land Ordinance of Sabah [Cap. 68]; “patient” means a person who is a sole beneficiary, suffering from serious illness or injury, or who is bedridden, and unable to attend any proceedings under this Act; “petition for distribution” means a petition for the distribution of a small estate lodged under section 8; “prescribed” means prescribed by regulations made by the Minister under section 30; “President” means the President of Estate Distribution appointed under subsection 2A(1); “property” means immovable property or movable property or both; NOTE—The Interpretation Ordinance of Sarawak [Cap. 1] has been repealed by the Interpretation Ordinance, 2005 [Cap. 61] which comes into operation on 1 July 2005―see section 61 of Cap. 61. 10 Laws of Malaysia ACT 98 “purchaser” means a person who, at the date of the filing by himself, or by any other person, of a petition for distribution, is in occupation of any land registered in the name of the deceased, whether as sole proprietor or co-proprietor, by virtue of an agreement for the sale of that land or any interest therein by the deceased to himself or to any person through whom he claims, or is in possession of any movable property sold by the deceased by a written agreement; “Registrar” means the Registrar of the High Court and includes a Deputy Registrar, a Senior Assistant Registrar and an Assistant Registrar of the High Court; “Registrar of Titles” includes a Registrar or Assistant Registrar appointed under section 3 of the Land Code of Sarawak [Cap. 81]; “State” includes a Federal Territory; “valuation officer” means a valuation officer employed by the Government and includes an assistant valuation officer or a registered valuer under the Valuers, Appraisers, Estate Agents and Property Managers Act 1981 [Act 242]. PART IA PRESIDENT OF ESTATE DISTRIBUTION, DEPUTY PRESIDENT OF ESTATE DISTRIBUTION AND ESTATE DISTRIBUTION OFFICER Appointment and powers of President of Estate Distribution 2A. (1) The Minister shall appoint from among the Estate Distribution Officers appointed under section 2C a President of Estate Distribution. (2) The President shall have all such powers as may be necessary for or in connection with the exercise of his powers under this Act or which are reasonably incidental to such exercise. Small Estates (Distribution) 11 (3) Without prejudice to the generality of subsection (2), the powers of the President shall include the power to determine the territorial jurisdiction of any Estate Distribution Officer to deal with the distribution and administration of any estate falls within the Act and to have direct control and supervision over all the Estate Distribution Officers appointed under this Act. Appointment of Deputy President of Estate Distribution 2B. (1) The Minister may appoint such number of Deputy Presidents of Estate Distribution from among the officers appointed under section 2C to assist the President in the exercise of his powers under this Act. (2) If for any reason the President is unable to exercise his powers, the Minister may appoint one of the Deputy Presidents to exercise the powers of the President. Appointment of Estate Distribution Officer 2C. The Minister may appoint from among the public officers such number of Estate Distribution Officers as may be necessary for the purpose of carrying into effect the provisions of this Act. PART II ADMINISTRATION OF SMALL ESTATES Application of Part and definition of small estate 3. (1) This Part shall have effect throughout Malaysia. (2) For the purposes of this Act, a small estate means an estate of a deceased person consisting of any property situated in any State and not exceeding five million ringgit in total value. (Proviso omitted by P.U. (B) 217/1974). 12 Laws of Malaysia ACT 98 (3) For the purposes of this section, the value of the property comprised in an estate shall be deemed to be its value at the date of the filing of a petition for probate or letters of administration or lodging of a petition for distribution under this Act in respect of the estate or, if more than one such petition has been filed or lodged in respect of the same estate, at the date of the filing or lodging of the earliest petition. (4) In ascertaining the value of the property comprised in an estate, no deduction shall be made on account of the debts of the deceased but there shall not be included in the estate for those purposes any property which the deceased held or was entitled to as a trustee and not beneficially: Provided that any land held in the name of the deceased by any form of registered title shall be deemed to be part of his estate whether subject to caveat or not unless the land is expressly registered in his name as representative or as trustee or as guardian. Jurisdicti