IIUM Repository

Administration of unclaimed estates in Malaysia: The peculiarities of unclaimed money, undistributed fund and bona vacantia

Halim, Akmal Hidayah and Mohd Noor, Nor Azlina and Arshad, Azhani (2017) Administration of unclaimed estates in Malaysia: The peculiarities of unclaimed money, undistributed fund and bona vacantia. International Journal of Economic Perspective. ISSN 1307-1637 (In Press)

[img] PDF (Acceptance letter) - Supplemental Material
Restricted to Repository staff only

Download (69kB) | Request a copy
[img] PDF - Submitted Version
Restricted to Repository staff only

Download (209kB) | Request a copy

Abstract

Issues relating to the complexities of unclaimed estates have become a national concern and a major recurring problem as the value of such estates is growing annually. However, despite the constant reports on the increasing value of unclaimed estates, it is very unfortunate that the exact types of unclaimed estates remain hitherto uncertain and not specifically identified. Hence, this paper aims to examine the peculiarities of unclaimed estates in the administration of the deceased’s estate in Malaysia. The main focus is to analyse the position of the unclaimed money, the undistributed fund and the case of bona vacantia for the estate of a person dying intestate and leaving no heir to inherit accordingly. The discussion adopts the doctrinal analysis by examining the existing primary and secondary materials including statutory provisions, case law and other legal and non-legal literatures. The paper finds that the existence of various laws that governs different types of unclaimed estates has led to the distinctive methods in the administration and management of such estates. Hence, it is highly important that these types of estates together with legal and procedural mechanisms relating to the administration of such estates are clearly identified so that productive elements of such estates would be activated to the advantage of the rightful beneficiaries.

Item Type: Article (Journal)
Additional Information: 3140/61980
Uncontrolled Keywords: Unclaimed estates, unclaimed money, undistributed fund, bona vacantia, Malaysia
Subjects: K Law > K Law (General)
Kulliyyahs/Centres/Divisions/Institutes (Can select more than one option. Press CONTROL button): Ahmad Ibrahim Kulliyyah of Laws > Department of Legal Practice
Depositing User: Assistant Prof. Dr. Akmal Hidayah Halim
Date Deposited: 15 Feb 2018 10:53
Last Modified: 15 Feb 2018 10:53
URI: http://irep.iium.edu.my/id/eprint/61980

Actions (login required)

View Item View Item

Downloads

Downloads per month over past year