Ding Chu Teck
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Fresh Forumer
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Intestacy / Small Estates / Interstate Jurisdiction - 2008/01/15 16:32
The Small Estates (Distribution) Act 1955 applies thro'out Malaysia (S.3(1)),but the Land Offices in Sarawak do not take cognizance of this Act and however samll the value of assets, the mandatory route is to apply for L.A.
What is the best course of action in the following scenario:
W passes away intestate leaving husband H,parents F& M and minor children. W's main asset is an undivided share in a piece of land situated in Sarawak, and the total value of assets is below RM600,000.00, qualifying as a "small estate".
Solicitors's options:
(1) H, K.L. resident, applies to KL Court for LA.
(2) F or M, Sarawak residents, applies to Sarawak Court for LA.
(3) H applies to Director of Lands & Mines of Sarawak for an order that the petition under the Act (Small Estate be heard and determined by the Collector of the KL/PJ distrcit, for "general convenience", and for the grant of LA (pursuant to S. 4(2) of the Act).
Will someone kindly advise me?
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Jurisk Dec 08
