Ensuring the sustainability of surviving family members: the critical role of personal representatives in estate administration in Malaysia

Drs Nasrul, Muhammad Amrullah and Daud, Mahyuddin and Abd Wahab, Amelia Yuliana (2024) Ensuring the sustainability of surviving family members: the critical role of personal representatives in estate administration in Malaysia. In: Wanita Membina Masyarakat Sejahtera. UTM & Yayasan Pembangunan Keluarga Darul Takzim (YPKDT), Johor, pp. 31-44. ISBN 978-629-97595-6-0

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Abstract

This paper investigates the crucial role of personal representatives in estate administration in Malaysia, with a focus on ensuring the sustainability of surviving family members. Estate administration involves the management and distribution of a deceased person’s assets to beneficiaries, requiring personal representatives to navigate legal, procedural, and administrative complexities. Appointing a capable personal representative is vital for ensuring that the estate is handled efficiently, avoiding issues such as delays in asset distribution and potential mismanagement. The study compares individual personal representatives with institutional bodies like Amanah Raya Berhad (ARB), highlighting the advantages and challenges of both. Individual representatives may struggle with personal bias, lack of expertise, and potential conflicts of interest, while institutions like ARB offer continuity, impartiality, and professional management but come at a higher cost. The qualitative research method, relying on a review of legal statutes, cases, and scholarly articles, underscores the need for public awareness regarding the critical role personal representatives play in estate administration. The findings show that a lack of knowledge or improper appointment of a personal representative can result in significant delays and issues for beneficiaries, particularly surviving family members. Institutional bodies like ARB, while offering expertise and impartiality, are not always necessary for all cases. This paper concludes by recommending better awareness and careful selection of personal representatives to ensure the smooth administration of estates, ultimately supporting the sustainability of surviving family members through timely and fair asset distribution.

Item Type:	Book Chapter
Uncontrolled Keywords:	Estate administration; personal representatives; beneficiaries; sustainability; asset
Subjects:	K Law > K670 Family Law
Kulliyyahs/Centres/Divisions/Institutes (Can select more than one option. Press CONTROL button):	Ahmad Ibrahim Kulliyyah of Laws Kulliyyah of Islamic Revealed Knowledge and Human Sciences
Depositing User:	DR MUHAMMAD AMRULLAH DRS NASRUL
Date Deposited:	03 Jan 2025 09:59
Last Modified:	03 Jan 2025 09:59
URI:	http://irep.iium.edu.my/id/eprint/117283

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