In general, heirs can apply to make an inheritance claim to several agencies, depending on the value and type of property left by the deceased:

High Court

Amanah Raya Berhad (ARB)

Division of Inheritance Division, Department of the Director General of Federal Lands and Mines (JKPTG)

INHERITANCE CAVEATS?

Context: Application for letters of administration in the High Court

If heir A is not satisfied with the inheritance claim made by heir B, heir A can file an inheritance caveat to prevent the grant of letters of administration from being issued.

If the grant has been issued, the caveat will act as a barrier for B’s heirs not to make any transactions or dealings at the agencies involved, such as withdrawing money from the deceased’s saving bank.

Notification must be made to the agencies related to the deceased’s property.

DUTIES OF AN INHERITANCE ADMINISTRATOR

Among the tasks are:

• Apply for a letter of administration to administer to obtain authority to administer the estate of the deceased.

• Identifying the assets belonging to the deceased and managing them properly.

• Resolve debts if any to related parties.

INHERITANCE MANAGEMENT IN THE HIGH COURT

When the deceased left assets exceeding RM2 million, a claim must be made in the High Court.

There are 2 levels that need to be completed (MANDATORY), namely:

1. Application to obtain Administrative Power of Attorney; and

2. Application for Vesting Order.

COURT CASE – WIFE’S CLAIM FOR INHERITANCE

Jamilah v Mira and Fazlan [2019] MLJU 2131 (not a real name)

This case is about an application for a letter of administration by Jamilah regarding the estate of her late husband Aiman. Mira is Jamilah’s daughter and Fazlan is the deceased’s brother.

One of the issues that arose was that Jamilah included the property left by Aiman’s late father, Samad, in the claim of Aiman’s inheritance. The property is still under Samad’s name and has not been transferred to Aidil yet.

The court decided that the inheritance claim regarding the deceased Aiman, cannot include Samad’s inheritance as well. This is because only property registered under Aiman’s name can be claimed by the heir.

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