Chapter 3 - Grants of Representation Flashcards

1
Q

GRANTS OF REPRESENTATION

Overview

A

1) Importance of grant of representation
2) Types of grant of representation
3) Who can obtain grant of representation
4) Where can obtain grant of representation

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2
Q

IMPORTANCE OF GRANT OF REPRESENTATION

Overview

A

1) Indemnity
2) Locus standi
3) Transaction of property
4) Protection of the interest of the beneficiaries

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3
Q

INDEMNITY

A

S.64 PAA

  • payment or disposition permitted or made in good faith under probate or LA is indemnified.
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4
Q

LOCUS STANDI

A

Lee Ngan Fong & Ors v Gan Bo Tan:

  • Parties must have sufficient locus to challenge a will.
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5
Q

TRANSACTIONS OF PROPERTY

General rule

A

Chay Ching Hwa v Seah Mary:

  • Any transaction made without grant of representation is invalid.
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6
Q

TRANSACTIONS OF PROPERTY

Exception 1 - Special Circumstances

A

Al-Rashidy Kassim & Ors v Rosman Roslan

  • existence of special circumstances may equip the administrator with locus to proceed w/o extracting the LA;
  • e.g. necessity to protect the interest of the state.
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7
Q

TRANSACTIONS OF PROPERTY

Exception 2 - Deceased was a party to a legal action

A

Yong Siew Choon v Kerajaan Malaysia

  • Allowed under O.15, r.6A but all the requirements under the Rules must be strictly complied;
  • OTF, non-compliance renders the action a nullity.
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8
Q

PROTECTIONS OF BENEFICIARIES

Overview

A

1) Protection of interest in the property

2) Protection of agreement entered by beneficiary

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9
Q

TYPES OF GRANT OF REPRESENTATION

A

1) Grant of probate:
- Grant of probate
2) Letters of administration:

  • LA
  • LA with will annexed
  • LA de bonis non
  • LA pedente lite
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10
Q

WHO CAN OBTAIN GRANT OF REPRESENTATION

Overview

A

1) Who can obtain grant of probate

2) Who can obtain letter of administration

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11
Q

WHO CAN OBTAIN GRANT OF PROBATE

A

S.3(1) PAA

  • probate may be granted to an executor appointed by will;
  • executor may be appointed expressly or impliedly.
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12
Q

WHO CAN OBTAIN LETTER OF ADMINISTRATION

Overview

A

1) Grant of LA

2) Grant of LA with will annexed

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13
Q

GRANT OF LA

The law & factors to be considered

A

S.30 PAA - factors for consideration:

  • rights of all persons interested in the estate of the deceased person;
  • proceeds of sale thereof.
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14
Q

GRANT OF LA WITH WILL ANNEXED

Overview

A

1) When there is no proven executor;
2) Guardian of an unsound mind;
3) When there is absent executor;
4) Guardian of a minor executor

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15
Q

GRANT OF LA WITH WILL ANNEXED

When there is no proven executor

A

S.16(1) PAA:

  • LA with will annexed may be granted to person as the Court deems fit to administer the estate.
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16
Q

GRANT OF LA WITH WILL ANNEXED

Guardian of an unsound mind

A

S.21 PAA:

  • LA with will annexed may be granted to the guardian of an unsound mind which the estate has been lawfully committed.
17
Q

GRANT OF LA WITH WILL ANNEXED

When there is absent executor

A

S.29(1) PAA:

(1) executor appointed by will

  • LA with will annexed may be granted to a duly authorized attorney of the absent executor.
  • This is limited until he obtains probate for himself.

(2) executor granted with LA
- LA with will annexed may be granted to a duly authorized attorney, limited as above.

18
Q

GRANT OF LA WITH WILL ANNEXED

Guardian of a minor executor

A

S.20(1) PAA

  • LA with or without will annexed may be granted to the guardian;
  • This is limited until the minor shall obtain a grant himself.
19
Q

WHERE CAN OBTAIN GRANT OF REPRESENTATION

A

1) Grant of probate
- Apply to High Court
2) Grant of LA

  • Apply to High Court;
  • Apply to Amanah Raya Berhad;
  • Apply to Land Office.