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LAWS OF MALAYSIA

REPRINT

Act 98

SMALL ESTATES

(DISTRIBUTION) ACT 1955

Incorporating all amendments up to 1 January 2006

PUBLISHED BY

THE COMMISSIONER OF LAW REVISION, MALAYSIA

UNDER THE AUTHORITY OF THE REVISION OF LAWS ACT 1968

IN COLLABORATION WITH

PERCETAKAN NASIONAL MALAYSIA BHD

2006

Laws of Malaysia

ACT 98

SMALL ESTATES (DISTRIBUTION)

ACT 1955

First enacted ... ... ... ... ... ... ... ...

1955 (Ordinance

No. 34 of 1955)

Revised

... ... ... ... ... ... ... ... ...

1972 (Act 98 w.e.f.

1 November 1972)

PREVIOUS REPRINTS

First Reprint

... ... ... ... ...

1994

Second Reprint

... ... ... ... ...

2000

Small Estates (Distribution)

LAWS OF MALAYSIA

Act 98

SMALL ESTATES (DISTRIBUTION)

ACT 1955

ARRANGEMENT OF SECTIONS

PART I

PRELIMINARY

Section

Short title and commencement

Interpretation

PART II

ADMINISTRATION OF SMALL ESTATES

Application of Part and definition of small estate

Jurisdiction in respect of small estates

High Court to grant probate of testamentary dispositions relating to

small estates

High Court to have power to reseal a grant of representation affecting

a small estate

Power of the Registrar to transfer petitions relating to an intestate small

estate to a Collector

Petition for distribution

Service of notice of petition for distribution

10.

Appointment of representatives of minors or persons of unsound mind

11.

Place of hearing of petition for distribution

11A. Collector '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 Collector thereon

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ACT 98

Section

13.

Order for distribution of small estate

14.

Determination of collateral disputes

15.

Powers of the Collector in distributing the estate

16.

Procedure after hearing

17.

Subsequent applications

18.

Duty of Settlement Officer and penghulu

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

PART IV

SPECIAL PROVISIONS RELATING TO SABAH

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

Small Estates (Distribution)

Section

31.

Advocates

32.

Repeal

33.

Saving and transitional

34.

Special provisions for Malacca and Penang

FIRST SCHEDULE

SECOND SCHEDULE

THIRD SCHEDULE

Laws of Malaysia

ACT 98

Small Estates (Distribution)

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. 170/1962;

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 modification thereto as he deems necessary

in 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.

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ACT 98

Interpretation

In this Act, unless the context otherwise requires--

"Collector" 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

(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;

"Director General of Lands and Mines" means the Director

General of Lands and Mines (Federal) and, in relation to an estate

the whole of the immovable property comprised in which is situated

in Sabah or Sarawak, includes the Director of Lands and Surveys,

Sabah, or the Director of Lands and Surveys, Sarawak, as the case

may require;

"Director of Lands and Mines" means a Director of Lands and

Mines (State) and includes the Director of Lands and Surveys for

Sabah and the Director of Lands and Surveys for Sarawak;

"distribution order" means an order for the distribution of a

small estate made under this Act;

"High Court" means the High Court in Malaya or the High

Court in Sabah and Sarawak, as the case may require;

"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];

Small Estates (Distribution)

*"Official Administrator" has the meaning assigned to it in the

Probate and Administration Act 1959 [Act 97];

"penghulu", with reference to Sabah and Sarawak, shall be

construed as a reference to a native chief by whatever style called;

"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;

"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;

"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.

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 wholly or partly of immovable

property situated in any State and not exceeding six hundred thousand

ringgit in total value.

(Proviso omitted by P.U. (B) 217/1974).

(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.

*NOTE--This definition has been deleted in Probate and Administration Act 1959 [Act 97] and

has been replaced by "Corporation"--see paragraph 2(a) and (b) [Act A912]. See also subsection

43(3), Public Trust Corporation Act 1995 [Act 532].

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ACT 98

(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.

Jurisdiction in respect of small estates

4. (1) Save as in this Act otherwise provided no interest in any

small estate shall devolve on or vest in any person by virtue of

any instrument other than an order or grant made under this Act.

(2) The Collector of the district where the greater part in value

of the property is situated shall have exclusive jurisdiction to deal

with the distribution and administration of the whole estate wherever

situated:

Provided that the Director of Lands and Mines where all the

property is situated in one State or the Director General of Lands

and Mines where the property is situated partly in one State and

partly in another, may upon application duly made in that behalf,

order that any petition under this Act shall be heard and determined

by the Collector of any other district, notwithstanding that the

property in that district consists solely of movable property, whenever

it is made to appear that such an order will tend to the general

convenience of the parties or witnesses or is otherwise expedient

for the ends of justice; and the Collector shall thereupon have

exclusive jurisdiction to order distribution of the estate and, if

necessary, to grant letters of administration thereof.

(3) Any order made by the Director of Lands and Mines or the

Director General of Lands and Mines under subsection (2) shall

be final and not subject to any appeal.

(4) A copy of any order made under subsection (2) shall be sent

to the applicant and to any Collector who in the opinion of the

Director of Lands and Mines or the Director General of Lands and

Mines, as the case may be, is affected thereby.

Small Estates (Distribution)

(5) The Collector for each district in which is situated any part

of the immovable property comprised in an estate in respect of

which a petition for distribution has been lodged shall determine

the value of that property, as at the date of lodging the petition,

or, if more than one petition has been lodged, as at the date of

lodging the earliest petition, and every such valuation shall be

conclusive for the purposes of this Act.

High Court to grant probate of testamentary dispositions relating

to small estates

5. (1) Subject to this section, nothing in this Act shall affect the

exclusive jurisdiction of the High Court to grant probate of any

will or testamentary disposition or letters of administration in any

case in which the deceased has left a valid will or other valid

testamentary disposition in respect of a small estate or part thereof

and the grant when made shall have effect in all respects as if the

estate had not been a small estate.

(2) If upon the hearing of any petition for probate or for letters

of administration with a will or copy of a will annexed, probate

or letters of administration with the will or a copy of a will

annexed are not granted the Court may if satisfied that all the

necessary parties are before the Court--

(a) grant letters of administration to any person to whom

letters would have been granted on an intestacy if the

estate had not been a small estate;

(b) direct that a petition for distribution of the estate be

lodged under section 8; or

(c) order any Collector named in the order to proceed with

the distribution of the estate as if a petition therefor had

been duly lodged.

(3) Where any order is made under paragraph (2)(c) the Collector

therein named shall, upon receipt of a copy of the order, forthwith

proceed to distribute the estate in accordance with this Act.

High Court to have power to reseal a grant of representation

affecting a small estate

6. Nothing in this Act shall affect the exclusive jurisdiction of

the High Court to reseal any grant of representation made outside

Laws of Malaysia