Proof of death for administration of estate in Malaysia: has the “deceased” died?

Halim, Akmal Hidayah and Mohd Noor, Nor Azlina and Mohd Yusoff, Rahmawati (2021) Proof of death for administration of estate in Malaysia: has the “deceased” died? The Law Review. pp. 429-441. ISSN 1985-0891

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Abstract

Proof of death has always been a prerequisite in the estate administration process. The best evidence is a death certificate but if the dead body is not found, the law requires a period of seven years to elapse before a death could be presumed. However, one vital issue that needles the estate beneficiaries is the proof of death in cases of mishaps and it is not known whether the person is alive or already dead. Thus, this article aims to examine the Malaysian law relating to proof of death in the administration of a deceased’s estate. The study adopts a doctrinal analysis by examining the existing primary and secondary materials, including the statutory provisions as provided by the Evidence Act 1950 (Act 56) (“EA 1950”), the Births and Deaths Registration Act 1957 (Act 299), the Islamic Family Law Enactments, case law as well as legal and non-legal literature. The article concludes that in cases where circumstantial evidence exists that may prove the death of a person, proof of death may also take the form of a court order for the issuance of a death certificate or that a person is presumed dead even before the expiry of seven years. It is also observed that the difference in the waiting period for the decree of presumption of death by the High Court and the Syariah court in matters of probate and administration and the dissolution of Muslim marriage respectively should be reconciled for the benefit of the estate beneficiaries.

Item Type:	Article (Journal)
Uncontrolled Keywords:	Proof of death, death certificate, court order, presumption of death
Subjects:	K Law > K720 Property Law
Kulliyyahs/Centres/Divisions/Institutes (Can select more than one option. Press CONTROL button):	Ahmad Ibrahim Kulliyyah of Laws > Department of Legal Practice Ahmad Ibrahim Kulliyyah of Laws
Depositing User:	Assoc Prof Akmal Hidayah Halim
Date Deposited:	15 May 2025 11:31
Last Modified:	15 May 2025 11:31
URI:	http://irep.iium.edu.my/id/eprint/116104

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