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The Roles Of The Personal Representative In Estate Administration In Malaysia

Table 1:

Types Individual ARB
Neutrality May be influenced or biased to one of the parties Unbiased to any parties.
Account/details on the management of asset The possibility of the asset being used by the personal representative without justification. The detailed account provided by ARB as to deceased being used. Example; expenses, fees, distribution to beneficiaries.
Perpetuity The possibility of the personal representative dying. Corporation continues to exist.
Renunciation The possibility of the personal representative renouncing his roles. Cases will be handled by the corporation until completion. No risk of renunciation by the Corporation.
Expertise Expertise level is unknown. The possibility of the case being handled by a person lacking knowledge. Over nicety years of experience and expertise in carrying out the task as a personal representative.
Fees Normally does not incur fees. Subject to the agreement among beneficiaries. Involves a significant amount of fees charged as service. The fees, however, are deducted from the deceased’s estate.
Duration No specific duration. The possibility of the case being prolonged due to the incapacity of the personal representative. Based on KPI:Cases under section 13: 24 monthsCases under section 8: 12 monthsCases under section 17: 6 months
Security over the asset The possibility of the asset being misused by the personal representative. The asset is secured by the corporation. Any information about the use of the asset for operation purpose or distribution shall be informed to the beneficiaries.
Technical difficulties Difficulties in locating the relevant documents related to the deceased’s asset. The possibility of the case being delayed due to the transfer of officer/person in charge of the files.
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