Overview of family disputes in administration of estates: Analysis on mediation as effective dispute resolution mechanism

Drs Nasrul, Muhammad Amrullah and Abdul Hak, Nora and Mohd Salim, Wan Noraini and Halim, Akmal Hidayah (2017) Overview of family disputes in administration of estates: Analysis on mediation as effective dispute resolution mechanism. In: International Conference on Dispute Resolution 2017 - Modern Trends in Effective Dispute Resolution, 9-10 Aug 2017, Kuala Lumpur.

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Abstract

Family dispute is one of the issues that occur in the administration of the deceased’s estate. Such dispute may happen at any stage in estate administration, ranging from the application of letters of representation until the distribution of the deceased’s asset. The occurrence of family dispute tends to adversely affect the administration and may lead to delay in the distribution which at the same time, rendered the process incomplete. Despite the seriousness of family dispute in estate administration, there is however, no specific method in resolving family dispute apart from the litigation process. Litigation is considered unsuitable in this case due to its inability to address the emotional grief suffered by the parties in addition to its time consuming and relatively expensive cost. Mediation on the other hand, is seen as a potential dispute resolution mechanism thanks to its effective method in addressing the core issues in family dispute. This paper addresses the overview of family dispute as well as analyses mediation in addressing and resolving the issue in the administration of estate. The study undertakes a library based study as a selected research method through the analysis of selected materials including journal articles, textbooks, statutes and cases. The finding from this paper indicates that mediation excels in resolving family disputes due to its ability in remedying the emotional distress suffered mainly by the beneficiaries. It is suggested that the administrative bodies primarily, should start to take the initiative in introducing mediation in an effort to improve the process of estate administration in Malaysia

Item Type:	Proceeding Paper (Plenary Papers)
Additional Information:	807/57608
Uncontrolled Keywords:	administrative bodies, mediation, administration of estate, delay
Subjects:	K Law > KPG Malaysia
Kulliyyahs/Centres/Divisions/Institutes (Can select more than one option. Press CONTROL button):	Ahmad Ibrahim Kulliyyah of Laws
Depositing User:	Dr wan noraini mohd salim
Date Deposited:	09 Oct 2017 09:43
Last Modified:	13 Jan 2018 14:31
URI:	http://irep.iium.edu.my/id/eprint/57608

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