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• Islamic and Customary Laws
• Estate Legalese (Terms)
• Wills

CAN A SEPARATE PROBATE BE GRANTED IF A CODICIL IF PROPOUNDED AFTER PROBATE ?

Codicil is an addition to a will.

Under Section 15 of the Probate and Administration Act 1959, where after probate has been granted and a codicil of the will is propounded, separate probate may be granted on the codicil.

However, if the codicil expressly or impliedly revokes the appointment of any executor to whom the probate has been granted, such probate shall be revoked and a new probate will be granted of the will and codicil together.

WHAT HAPPENS IF I DO NOT HAVE ANY EXECUTOR ?

If

• you did not appoint an executor in your will, or
• there is no surviving executor, or
• your executor appointed have renounced, or
• your executor appointed does not appear and extract probate, or
• your executor dies before obtaining the probate

the Court may grant a letter of administration with the will annexed to a person deems fittest to administer the estate.

Nevertheless, the priority right to the grant shall be as follows :

• the recipient of the estate left in a will
• a personal representative of a deceased recipient of the estate left in a will
• a person being the beneficiaries under the will as would have been entitled to a grant of letter of administration if you had died intestate
• a recipient of the assets left in a will having a beneficial interest and
• your creditor.

IF THE EXECUTOR I HAVE APPOINTED IN MY WILL IS ABSENT FROM MALAYSIA WHO WILL BE GRANTED THE ADMINISTRATION ?

If your executor or a person to whom letters of administration with the will annexed might be granted is absent from Malaysia and there is no other executor within Malaysia willing to act, the letter of administration with the will annexed may be granted to a duly authorized attorney of the absent executor, limited until your executor obtains probate for himself or herself.