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Administration of estates: resolution of disputes in achieving sustainability among deceased's family

Mohd Alam Shah, Nurin Athirah and Drs Nasrul, Muhammad Amrullah and Halim, Akmal Hidayah and Abdul Hak, Nora (2022) Administration of estates: resolution of disputes in achieving sustainability among deceased's family. IIUM Law Journal, 30 (2). ISSN 0128-2530 E-ISSN 2289-7852

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The UN Sustainable Development Goals (SDG) provides for seventeen universal objectives in which three of which are related to the administration of estate namely no poverty, zero hunger and gender equality. Issues on sustainability in estate administration are commonly associated with problems that occur during the management of the deceased’s estate. Issues such as disputes among family members and mismanagement of asset by the personal representative or senior family members often lead to delays in the estate administration. Over the years, inefficiency in the administration of the estate process has led to financial instability such as poverty and in extreme situation, hunger of the deceased’s family members as their entitlement over the asset was jeopardised by the mismanagement and unfair distribution of the estate. This paper addresses the sustainability issues in estate administration where the focus of the discussion is the issues of disputes among the family members. This paper also suggests a resolution of the dispute by way of mediation process, which is capable of maintaining sustainability in estate administration. Employing a qualitative approach, the paper adopts a research method through a library-based study by examining materials including statutory provisions, case laws, textbooks, journal articles, newspapers, conference proceedings and seminar papers. The research found that preserving a good relationship between the family members is one of the keys to ensure smoothness and consistency in estate administration, hence contributing to sustainability of the deceased’s family members as well as adhering to the SDG.

Item Type: Article (Journal)
Uncontrolled Keywords: Sustainable Development Goals, administration of estates, family dispute, mediation, distribution of asset
Subjects: K Law > K623 Civil Law
Kulliyyahs/Centres/Divisions/Institutes (Can select more than one option. Press CONTROL button): Ahmad Ibrahim Kulliyyah of Laws
Date Deposited: 01 Feb 2023 17:24
Last Modified: 01 Feb 2023 17:24
URI: http://irep.iium.edu.my/id/eprint/102078

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