SMALL ESTATES (DISTRIBUTION) (AMENDMENT) ACT 2022

This Act comes into operation on a date to be appointed by the Minister by notification in the Gazette and the Minister may appoint different dates for the coming into operation of different provisions of this Act.

General amendment

by deleting the definition of “Director General of Lands and Mines”;

by deleting the definition of “Director of Lands and Mines”;

by inserting after the definition of “distribution order”

the following definition:

‘ “Estate Distribution Officer” means an officer appointed under section 2c;’;

by inserting after the definition of “Land Administrator”

the following definition:

‘ “Majlis”, in relation to a State, means the Majlis

Agama Islam, by whatever name called, established under any written law for the purpose of administering

Islamic law;’;

by inserting after the definition of “Native Title” the following definition:

‘ “patient” means a person who is a sole beneficiary, suffering from serious illness or injury, or who is bedridden, and unable to attend any proceedings under this Act;’;

by deleting the definition of “penghulu”;

by inserting after the definition of “prescribed” the following definitions:

‘ “President” means the President of Estate Distribution appointed under subsection 2a(1);

“property” means immovable property or movable property or both;’;

Small Estates (Distribution) (Amendment)

in the definition of “purchaser”, by inserting after the words

“whom he claims” the words “, or is in possession of any movable property sold by the deceased by a written agreement;”; and

in the definition of “valuation officer”, by inserting after the words “assistant valuation officer” the words

“or a registered valuer under the Valuers, Appraisers,

Estate Agents and Property Managers Act 1981 [Act 242]”.

New Part Ia

The President shall have all such powers as may be necessary for or in connection with the exercise of his powers under this Act or which are reasonably incidental to such exercise.

Without prejudice to the generality of subsection (2), the powers of the President shall include the power to determine the territorial jurisdiction of any Estate Distribution Officer to deal with the distribution and administration of any estate falls within the Act and to have direct control and supervision over all the Estate Distribution Officers appointed under this Act.

Appointment of Deputy President of Estate Distribution 2b.  (1)  The Minister may appoint such number of Deputy

Presidents of Estate Distribution from among the officers appointed under section 2c to assist the President in the exercise of his powers under this Act.

If for any reason the President is unable to exercise his powers, the Minister may appoint one of the Deputy

Presidents to exercise the powers of the President.

Appointment of Estate Distribution Officer 2c. The Minister may appoint from among the public officers such number of Estate Distribution Officers as may be necessary for the purpose of carrying into effect the provisions of this Act.”.

Amendment of section 3

by substituting for the words “wholly or partly of immovable” the words “of any”; and

by substituting for the words “two million” the words

“five million”.

Amendment of section 4

in subsection (2), by substituting for the word “district”

wherever appearing the word “State”;

in the proviso to subsection (2)—

by deleting the words “the Director of Lands and Mines where all the property is situated in one State or the Director General of Lands and

Mines”;

Small Estates (Distribution) (Amendment)

in subsection (3), by substituting for the words

“the Director of Lands and Mines or the Director General of Lands and Mines” the words “the President”;

in subsection (4), by substituting for the words

“the Director of Lands and Mines or the Director General of Lands and Mines, as the case may be,” the words

“the President”; and

in subsection (5)—

by substituting for the word “district” the word

“State”; and

in subsection (1)—

by substituting for the words “the penghulu or a Settlement Officer of the district or of the locality in which any land of which the deceased was the proprietor is situated, or the Corporation”

the words “the Corporation, or Majlis, or guardian, or next friend”;

in subsection (2)—

by deleting the word “immovable”; and

in subsection (5), by deleting the word “movable”;

in subsection (6), by deleting the word “movable”;

by inserting after subsection (6) the following subsection:

“(6a)  Notwithstanding subsection (6), where the valuation of the property for petition for distribution is more than one, the Estate Distribution Officer shall examine each valuation and decide which valuation to be applied in determining whether any estate is or is not a small estate and his decision shall be final and the valuation shall be conclusive for the purposes of this Act.”;

in subsection (8), by substituting for the words

“the Director of Lands and Mines or the Director General of Lands and Mines, as the case may require,” the words

“the President”;

in subsection (9)—

by substituting for the words “the Director of Lands and Mines or the Director General of Lands and Mines” the words “the President”;

and

Small Estates (Distribution) (Amendment)

by inserting after subsection (9) the following subsection:

“(10)  The Minister may, with the approval of the

State Authority, by notification in the Gazette, appoint a date for the coming into operation of this section in relation to the Majlis.”.

Amendment of section 8a

in the case of the petition, it consists only of movable property and does not exceed six hundred thousand ringgit in total value; or

in the case of any subsequent application—

it consists only of movable property which has not been declared in the petition and does not exceed six hundred thousand ringgit in total value; or

The application for an order under subsection (1) may be made as may be prescribed.

Where the Estate Distribution Officer makes an order under subsection (1), the petition or subsequent application shall not be heard.

A copy of an order under subsection (1) shall be served on a petitioner or applicant who shall cause such copy of the order to be served on the beneficiaries.

For the purposes of this section, section 10 and subsection 13(4) shall apply.

Letters of administration pendente lite 8c.  Pending any distribution order, letters of administration may be granted to a petitioner or any beneficiary as the

Estate Distribution Officer may appoint, limited so that the administrator shall not be empowered to distribute the estate, and shall be subject to such control by, and direction of, the Estate Distribution Officer as the Estate Distribution Officer deems fit, and subject to that limitation the administrator so appointed shall have all the rights and powers of a general administrator.”.

Small Estates (Distribution) (Amendment)

11

Amendment of section 9

in subsection (1)—

by inserting after the words “to be served” the words

“on the petitioner”; and

by deleting subsection (2).

Amendment of section 10

in the shoulder note, by inserting after the words

“or persons of unsound mind” the words “or patient”;

in subsection (1)—

by inserting after the words “to be a minor or a person of unsound mind” the words “or a patient”;

in relation to the appointment of a guardian, the Estate Distribution Officer shall have regard to any personal law or custom affecting the minor or person of unsound mind; and

in relation to the appointment of a next friend, the Estate Distribution Officer shall have regard to any personal law or custom, and any circumstances or medical reason rendering a patient unable to represent himself.”; and

by substituting for subsection (2) the following subsection:

“(2)  For the purposes of subsection (1)—

by inserting after subsection (2) the following subsection:

“(3)  The next friend appointed under this section shall assist the patient in any matter relating to proceedings for the distribution of the estate so far as not detrimental to the interest of the patient.”.

Amendment of section 11

in subsection (1), by deleting the words “in his district”;

by inserting after subsection (2) the following subsection:

“(2a)  Notwithstanding subsection (2), the Estate

Distribution Officer shall have power to restrict public access to the hearing of any petition or any part of the petition if he is satisfied that it is expedient in the interests of public safety, public security or propriety, or for other sufficient reason to do so.”; and

Small Estates (Distribution) (Amendment)

in subsection (3)—

by substituting for the words “lot of land” the word “property”; and

in subsection (1), by inserting after the word “guardian”

the words “or next friend”;

in subsection (2), by inserting after the word “guardian”

the words “or next friend”;

in subsection (3), by substituting for the words “penghulu or a Settlement Officer” the word “person”;

in subsection (6)—

by substituting for the words “occupation of any land claimed by an alleged purchaser, the date, as nearly as the evidence admits, when he went into occupation” the words “occupation or possession of any property claimed by an alleged purchaser, the date, as nearly as the evidence admits, when he went into occupation or possession”; and

in subsection (9), by substituting for the words

“the Director of Lands and Mines” the words

“the President”; and

by inserting after subsection (10) the following subsections:

“(11)  Where any beneficiary whose name stated in the petition is unable to attend the hearing, the

Estate Distribution Officer may direct the petitioner to submit a letter of consent in a prescribed form from the beneficiary within such time as determined by the Estate Distribution Officer.

Where the letter of consent referred to in subsection (11) is not submitted, the Estate Distribution

Officer may, as he thinks fit, proceed to conclude the hearing.”.

Amendment of section 13

by substituting for subsection (2) the following subsection:

“(2)  Where a petition involves a beneficiary who is a minor or a person of unsound mind, the Estate

Distribution Officer shall make the following order:

the share of any minor or person of unsound mind in any immovable property to be registered in the name of a suitable person as a trustee; and

the Land Administrator or the Registrar of

Titles to enter a caveat to protect the interest of the minor or person of unsound mind.”;

in subsection (4)—

by substituting for the words “such person” the words “such number of persons”; and

in subsection (5)—

by deleting the words “of any land registered in the name of the deceased”; and

in subsection (6), by substituting for the words “land registered in the name of the deceased” the word

“property”.

Amendment of section 14

in subsection (3)—

in paragraph (a), by inserting after the semicolon at the end of the paragraph the word “or”;

in subsection (4)—

in paragraph (a), by deleting the words “or a specified interest therein to be charged to the beneficiary for amount of his share, together with interest at such rate as may be just, not exceeding five per centum per annum, in lieu of allocating to him a proprietary interest”;

by inserting after subsection (4) the following subsections:

“(4a)  Where any beneficiary fails to agree to the sale of the land or any part of it, the Estate Distribution

Officer may order the land or any part of it to be sold in such manner as may be prescribed based on the consent of the beneficiaries holding two-third majority shares on the land or any part of it.

In the exercise of the power under subsection (4a), the Estate Distribution Officer shall take into account the interest of the beneficiaries to be secured and protected.”.

Amendment of section 16

in subsection (1), by substituting the words

“The Land Administrator shall then arrange for the order so far as it relates to land to be registered as may be necessary and shall act under subsection (3) where applicable” the words “The petitioner shall then arrange for the order so far as it relates to land to be registered as may be necessary and the Estate Distribution Officer shall act under subsection (3) where applicable”;

Small Estates (Distribution) (Amendment)

by substituting for subsection (2) the following subsection:

“(2)  The Estate Distribution Officer in making a distribution order may make an order for entry of caveat and the Land Administrator or Registrar of

Title, upon receiving the distribution order, shall give effect to such order accordingly.”;

in subsection (3), by inserting after the word “Corporation”

the words “or Majlis”;

in subsection (4), by substituting for the words “Corporation”

wherever appearing the words “Corporation or Majlis”;

and

by inserting after subsection (4) the following subsection:

“(5)  The Minister may, with the approval of the

State Authority, by notification in the Gazette, appoint a date for the coming into operation of this section in relation to the Majlis.”.

New section 16a

No amendment other than an amendment to correct a clerical error shall be made by the Estate Distribution

Officer or any person affected by the order unless it is made in accordance with the regulations made by the Minister.”.

Amendment of section 17

in subsection (1), by inserting after the words “High Court”

the words “within thirty days from the date the order, decision or act is made or done”; and

by substituting for subsection (2) the following subsection:

“(2)  For the purposes of subsection (1), the procedure in relation to such appeal shall be subject to the rules of court applicable in the High Court.”.

Substitution of First Schedule

in relation to immovable property—

dividing the land into several lots in several names may seriously diminish the value of the estate as a whole;

valuations are necessarily estimates and are only approximately correct; it is unnecessary that the estimated value of a lot should be precise amount of a beneficiary’s mathematical share;

it is sufficient if the estimated value of a lot substantially corresponds to a beneficiary’s calculated share; and

in relation to movable property—

type of movable property whether can be divided or not; and

Any petition, application, investigation, hearing and proceedings in relation to the distribution of a small estate pending before the date of coming into operation of this Act shall be dealt with in accordance with the principal Act as amended by this Act.

Any order, letter of administration, decision, determination, direction, certification, appointment, reference, action and notice in relation to the distribution of a small estate made, done or issued by the Land Administrator under the principal Act before the date of coming into operation of this Act, shall be deemed to be made, done or issued by the Estate Distribution Officer and continue to be in force.

Any appeal to any order, decision or act made or done under section 29 of the principal Act before the date of coming into operation of this Act shall, after the date of coming into operation of this Act, be continued as if section 29 of the principal Act has not been amended by this Act.