The burden of legacy: managing the debts of the deceased in estate administration

Drs Nasrul, Muhammad Amrullah and Zairin Zain, Anis A'fifah and Mohd Salim, Wan Noraini and Halim, Akmal Hidayah and Abd Wahab, Amelia Yuliana (2025) The burden of legacy: managing the debts of the deceased in estate administration. In: 13th Gadjah Mada International Conference on Economics and Business, 2025, Yogyakarta, Indonesia.

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Abstract

Introduction/Main Objectives: Estate administration encompasses not only the distribution of a deceased person’s assets but also the responsibility of managing liabilities and settling outstanding debts. With a variety of estate categories, the management of liability requires not only the understanding towards the subject matter, but also the ability to prioritise which settlement of debts should take place while taking into consideration the remaining assets to be distributed to the beneficiaries. Background Problems: Beneficiaries and family members often struggle with the burden of the deceased’s debts and liabilities during the estate administration process arising from poor management of the deceased during his lifetime, leading to emotional distress and financial complications. The issue arises from the growing complexity of debt management in estate administration, where insufficient legal and technical knowledge guidance in asset management often result in prolonged estate settlement, disputes among heirs and creditors and difficulties in distributing assets fairly. Novelty: This study examines the process that governs the treatment of debts in estate administration, with a particular focus on the obligations of personal representatives and the settlement of liabilities with reference to the Malaysian law of inheritance. Research Methods: The study adopts a qualitative methodology by way of library-based research, involving the analysis of statutes, case law and scholarly commentaries. Finding/Results: The findings emphasize the importance for beneficiaries to understand the extent of the deceased’s liabilities and for individuals to engage in sound estate planning during their lifetime. Conclusion: This study is significant as it offers recommendations for improving public awareness and legal procedures, thereby ensuring more effective and equitable estate administration in Malaysia.

Item Type:	Proceeding Paper (Invited Papers)
Additional Information:	9614/123833
Uncontrolled Keywords:	estate administration, liabilities, beneficiaries, personal representative, creditors
Subjects:	K Law > K670 Family Law 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 Civil Law Kulliyyah of Islamic Revealed Knowledge and Human Sciences > Department of Political Science Ahmad Ibrahim Kulliyyah of Laws Kulliyyah of Islamic Revealed Knowledge and Human Sciences
Depositing User:	DR MUHAMMAD AMRULLAH DRS NASRUL
Date Deposited:	24 Oct 2025 15:53
Last Modified:	24 Oct 2025 15:56
URI:	http://irep.iium.edu.my/id/eprint/123833

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