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ADMINISTRATION

With reference to the estate of a deceased person, letters of administration issued by the Court authorizing the person or persons named to administer the deceased person's estate in accordance to law.

ADMINISTRATOR

A person (masculine gender) to whom administration is granted.

ADMINISTRATRIX

A person (feminine gender) to whom administration is granted.

BENEFICIARY

A beneficiary is a person who under any wills of a deceased person is

  • beneficially interested in the deceased's estate and
  • where the effect of the pronouncement would be to cause the estate to devolve as on an intestacy, or to prevent it from as devolving, a person who under the law relating to intestacy is beneficially interested in the estate.
DOMICILE

Domicile refers to the place of permanent residence or in which a person is or is presumed to be permanently resident.

EXECUTION

The act of properly signing legal documents making it a valid legal instruments.

EXECUTOR

A person of masculine gender to whom the execution of the last will of a deceased person is, appointed by the testator, confided and includes a person deemed to be appointed executor as respects settled land.

EXECUTRIX

A person of feminine gender to whom the execution of the last will of a deceased person is, appointed by the testator, confided and includes a person deemed to be appointed executrix as respects settled land.

GROSS VALUE

The total value of an estate without deduction for funeral or testamentary expenses or debts such as mortgage. Example: If a person owns a house worth RM280,000 with a mortgage of RM180,000, the gross estate is RM280,000. The net value is RM100,000.

GUARDIAN

A guardian is a person appointed by the testator or the Court to look after a minor child's assets until the child turns 18. A guardian has the legal right to the custody of the child and under Section 3 of the Guardianship of Infants Act 1961, be responsible for the support, health and education of the child.

ISSUE

Children and the descendants of deceased children.

LEX SITUS

Lex Situs is the law of the place where the property is located.

PERSONAL CHATTELS

Personal chattels include domestic animals, horse, stable furniture and effects (not used for business purposes), motor cares and accessories (not used for business purposes), garden effects, linen, plate, plated articles, china, glass, pictures, books, prints, jewelry, furniture, articles of household or personal use or ornament, scientific and musical instruments and apparatus, liquors, wines, consumable stores, but does not include any chattels used at the death of the intestate for business purposes, nor money or securities for money.

PERSONAL REPRESENTATIVE

The executor, original or by representation or administrator for the time being of a deceased person and as regards any liability for the payment of death duties includes any person who takes possession of a inter-meddles with the property of a deceased person without the authority of the personal representatives or the Court.

RECEIVER

Trust corporation or any person appointed by the Court to administer the estate of a deceased person.

REPRESENTATION

Probate of a will and administration.

TESTATOR

A testator is the person making the will and must be at least 18 years of age and of sound mind unless such person is a soldier in actual military service or a mariner or seaman at sea.

WITNESS

A witness is a person who attests the testator's signature or acknowledgment of his signatures and signs the will in the presence of the testator or a witness who having signed the will before the testator, acknowledges his signature in the presence of the testator.


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