1.
LAW600
ESTATE ADMINISTRATION
APPLICATION OF
GRANT OF PROBATE & LA
Prepared & Compiled by:
Datin Paduka Saudah Sulaiman
Assoc.Professor
Faculty of Law
UiTM
(2018)

2.
CONTENTS
 Definition of estate
 Types of estate
 Personal Representatives
 Duties of Personal Representatives
 Grants of Representation
 Jurisdiction
 Application for Letters of Representation
Statutes: i) Rules of Court 2012
ii) Probate & Admin. Of Estate Act 1959
iii) Small Estate Distribution Act 1955
iv) Public Trust Corporation Act 1995

3.
ESTATE
 includes all property
 real and personal
 tangible or intangible
owned by the deceased AT THE TIME of his
death

4.
ASSETS
 includes any income that accrues to the estate
AFTER his death
 includes rights such as:
 debts owed to the deceased
 rights to royalties – published works
 damages claimed

5.
TYPES OF ESTATES
 TESTACY – the deceased died leaving a valid
Will
 INTESTACY – the deceased died without
leaving a Will
 PARTIAL INTESTACY – there is a Will but
the Will does not include all the assets of the
deceased

6.
ESTATE ADMINISTRATION
1. Locating and collecting deceased’s estate
2. Ascertaining and paying necessary estate duties
3. Payment of funeral and testamentary expenses
4. Distributing the remaining assets

7.
Responsibilities of Personal
Representative
1. Locating the Will and making funeral
arrangements
2. Calling in the assets
3. Acting with impartiality
4. Payments of debts and liabilities
5. Distribution to the beneficiaries
6. Accounts of the estate

8.
JURISDICTION
1. HIGH COURT – Pusaka Besar
2. PUBLIC TRUST CORPORATION
(AMANAH RAYA BERHAD) – Pusaka Ringkas
3. SMALL ESTATE DISTRIBUTION (LAND
OFFICE) - Pusaka Kecil

9.
PUBLIC TRUST CORPORATION
(AMANAH RAYA BERHAD)
(Pentadbiran Harta Pusaka Ringkas)
 Section 17 Public Trust Corp. Act1995
 summary administration of movable property
 applicable to testacy and intestacy
 value of estate not exceeding RM600,000.00
 speedier and cheaper

10.
SMALL ESTATE DISTRIBUTION
(SEDA) 1955
(Pusaka Kecil)
What is a ‘SMALL ESTATE’?
 Section 3 (2) SEDA 1955
 immovable property
 value not exceeding RM2million

11.
SMALL ESTATE DISTRIBUTION
(SEDA) 1955
 Section 3 (4) SEDA 1955
 How to compute the value of small estate
 Section 4(2) SEDA 1955
 administration of small estate by District Land
Administrator (DLA)

12.
HIGH COURT
Grants of Representation
FORM 163 – O.71 r.35 Rules of Court (ROC)2012
TYPES OF GRANTS
 PROBATE
 LETTERS OF ADMINISTRATION (LA)
 LA DE BONIS NON
 LA DE BONIS NON WITH WILL ANNEXED
 TO AN ATTORNEY
 TO A GUARDIAN

13.
APPLICATION FOR GRANT OF
PROBATE
Preliminary steps:
1. Original copy of the Will
O.71 r.7(1) ROC 2012
O.71 r.7(2) ROC 2012 -translation
2. Extract of Death certificate (original) from
Registrar of Births and Deaths

14.
APPLICATION FOR GRANT OF
PROBATE
Forms of application:
 Every application for a grant shall be made by
Originating summons (OS) in FORM 6 – O.7 r.2(1),
O6 r.3 ROC 2012; and
 Supported by Affidavit (O41 r.1) setting out the
information in FORM 159 - O.71 r.5(1) ROC 2012
 Supported by other information and/or documents
( as the Registrar may require)

15.
ORIGINATING SUMMONS FOR
GRANT OF PROBATE
1. Applicant’s or Executor’s name, address and
IC No.
2. Full, correct name of the deceased
3. Last place of residence of the deceased
4. Time, date, place of death of the deceased
5. The fact that the deceased died testate

16.
ORIGINATING SUMMONS FOR
GRANT OF PROBATE
6. The fact that the deceased died domiciled in M’sia or
outside M’sia (O.71 r.5(3)(4) ROC)
7. Details of assets and liabilities within the jurisdiction
8. Name and address of beneficiaries
9. Applicant believed that the Will (exhibited with the
OS) is the TRUE and ORIGINAL copy
(O.71 r.7(1) ROC)
10. Reasons for delay (if lapse 3 years)
(O.71 r.5(6)ROC)

17.
DOCUMENTS TO SUPPORT
FOR GRANT OF PROBATE
1. Original Will
2. Original Death certificate
3. Administration Oath -FORM 161 O.71 r.33
4. List of assets (refer to contents of the Will)
5. Affidavit of witnesses - O.71 r.9(1) & (2)
(upon request by Registrar)
6. Estate duty affidavit ( < 31.10.91) – if applicable only
7. Appointment of Solicitors
8. In cases where the Testator is an illiterate @ blind –
O.7 r.10 ROC

18.
HOW TO PREPARE AN AFFIDAVIT?
1. O.41 R.1(4) – every Affidavit shall have;
- Name of the person
- Place of residence or if the person is a professional – state
the address of the firm & the position he holds
(occupation)
2. O.41 r.1(5) – shall be divided in paragraphs & numbered
+ confined to the distinct portion of subject.
3. O.41 r.1(6) – dates/sums/other number shall be
expressed in figures and not in words.

19.
HOW TO PREPARE AN AFFIDAVIT?
4. O.41 r.11(1) – any document to be used with an Affidavit
shall be exhibited & a copy annexed to the Affidavit.
5. O.41 r.11(2) – any Exhibit to an Affidavit shall be
identified by a Certificate of the person before whom the
Affidavit is sworn (Comm. for Oath – CFO))
6. O. 41 r.1(7) – every Affidavit shall be signed by the
Deponent & the Jurat (Form 74) shall be completed &
signed by the person before whom it is sworn (CFO)

20.
HOW TO PREPARE AN AFFIDAVIT?
8. O.41 r.3 – For illiterate @ blind person – the person
administering the Oath (e.g translator)shall certify in the
Jurat that it was read in presence of the deponent &
appeared to be perfectly understood & deponent has made
a mark on the document (thumb print)
JURAT – a clause (to swear) at the foot end of an
Affidavit showing when, where & before whom the
actual oath was sworn @ affirmation was made.
(applies to ALL - whether literate, illiterate or blind person)

21.
HOW TO PREPARE AN AFFIDAVIT?
9. O.41 r.5 – it is very important the Affidavit contains only
facts that the deponent is able to prove.
10. O.41 r.8 – Affidavit is not to be sworn before a solicitor
on whose behalf it is to be used.
11. O. 41 r. 9(2) – every Affidavit shall be endorsed with a
note showing on whose behalf it is filed & dates of
swearing & filing – if not endorsed may not be filed @
used.
12. O.41 r.10(1) – use original Affidavit in proceedings

22.
SIMPLE STEPS FOR FILING & HEARING
 O. 41 R.9(1) – Filed all necessary documents at
the Registry (Form 6 + Form 159 + Affidavit)
 O.71 r.4 – Hearing In Chambers before
Registrar
 O.71 r.35 (Form 163) – Grant of Probate

23.
SAMPLE OF DOCUMENTS
APPLICATION FOR
GRANT OF PROBATE
Cause papers provided

24.
APPLICATION FOR GRANT OF
LETTER OF ADMINISTRATION
Preliminary steps:
 Extract of Death certificate (original) from
Registrar of Births and Deaths
 Identify the assets and liabilities of the
deceased

25.
APPLICATION FOR GRANT OF
LETTER OF ADMINISTRATION
Forms of application:
 O.71 r.5(1) Rules of Court 2012
 Every application for a grant shall be made by
Originating summons (OS) in FORM 6 and
supported by affidavit setting out the
information in FORM 159
 Supported by other information and/or
documents
( as the Registrar may require)

26.
ORIGINATING SUMMONS FOR LETTER OF
ADMINISTRATION
1. Applicant’s name, address, IC No. and relationship
with the deceased
2. Full, correct name and religion of the deceased
3. Last place of residence (address) of the deceased
4. Time, date, place and cause of death of the deceased
5. Statement of applicant’s knowledge of the deceased
estate (exceeding RM2 million)

27.
ORIGINATING SUMMONS FOR LETTER OF
ADMINISTRATION
6. Details of assets and liabilities within the jurisdiction
7. Name and address of beneficiaries
8. Statement as to whether any minority interest arises
9. Statement as to whether all persons having a prior
right to the grant have been cleared off and
consented (Renounce and Consent)
( FORM 160 - O.71 r.31 (4) ROC) + Sec.3 PAA
10. Reasons for delay (if lapse 3 years) (O.71 r.5(6)ROC)

28.
DOCUMENTS TO SUPPORT FOR
GRANT OF LA
1. Original Death certificate
2. List of assets ( copies of IDT for landed
property)
3. List of beneficiaries

29.
DOCUMENTS TO SUPPORT
FOR GRANT OF LA
4. Administration Oath (FORM 161 O.71 r.33
ROC)
5. Renunciation and Consent
6. Appointment of Solicitors
(Affidavit – Guardian Ad Litem for minority
interest cases)

30.
SAMPLE OF DOCUMENTS
APPLICATION FOR LA
Cause papers provided