Chapter 3 - Grants of Representation Flashcards
GRANTS OF REPRESENTATION
Overview
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
IMPORTANCE OF GRANT OF REPRESENTATION
Overview
1) Indemnity
2) Locus standi
3) Transaction of property
4) Protection of the interest of the beneficiaries
INDEMNITY
S.64 PAA
- payment or disposition permitted or made in good faith under probate or LA is indemnified.
LOCUS STANDI
Lee Ngan Fong & Ors v Gan Bo Tan:
- Parties must have sufficient locus to challenge a will.
TRANSACTIONS OF PROPERTY
General rule
Chay Ching Hwa v Seah Mary:
- Any transaction made without grant of representation is invalid.
TRANSACTIONS OF PROPERTY
Exception 1 - Special Circumstances
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.
TRANSACTIONS OF PROPERTY
Exception 2 - Deceased was a party to a legal action
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.
PROTECTIONS OF BENEFICIARIES
Overview
1) Protection of interest in the property
2) Protection of agreement entered by beneficiary
TYPES OF GRANT OF REPRESENTATION
1) Grant of probate:
- Grant of probate
2) Letters of administration:
- LA
- LA with will annexed
- LA de bonis non
- LA pedente lite
WHO CAN OBTAIN GRANT OF REPRESENTATION
Overview
1) Who can obtain grant of probate
2) Who can obtain letter of administration
WHO CAN OBTAIN GRANT OF PROBATE
S.3(1) PAA
- probate may be granted to an executor appointed by will;
- executor may be appointed expressly or impliedly.
WHO CAN OBTAIN LETTER OF ADMINISTRATION
Overview
1) Grant of LA
2) Grant of LA with will annexed
GRANT OF LA
The law & factors to be considered
S.30 PAA - factors for consideration:
- rights of all persons interested in the estate of the deceased person;
- proceeds of sale thereof.
GRANT OF LA WITH WILL ANNEXED
Overview
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
GRANT OF LA WITH WILL ANNEXED
When there is no proven executor
S.16(1) PAA:
- LA with will annexed may be granted to person as the Court deems fit to administer the estate.