TUTORIAL (JURISDICTION)
Based on the following facts.
a. Determine the mode of proceeding.
b. Determine the jurisdiction of the proceeding.
c. Determine the suitable administrator.
1. Daud died, leaving immovable property at Nilai valued at RM580,000 and an account
in Bank Citizen worth RM50,000. He left no other assets. He left his father, his wife,
and three children (a son and two daughters). Zya confirms that Daud left no other
property.
-The mode of proceeding is by way of Letters of Administration
-The jurisdiction of the proceeding is the High Court
-The suitable administrator is the personal representative
2. David, 70, passed away at Setapak, Kuala Lumpur, leaving his widow Christine and
two sons Raymond (40 years old) and Douglas (36 years old) his adopted son. There
is no Will upon death, and there were only two assets under David’s name. Those
are the matrimonial house at Setapak valued at RM150,000 and a Honda motorcycle
at RM5,000 in value.
-The mode of proceeding is by way of Letters of Administration
-The jurisdiction of the proceeding is Small Estate Distribution Division
-The suitable administrator is the personal representative
3. Katijah passed away leaving behind no other assets except Perodua Viva 2008 worth
RM9,000, her EPF worth RM25,000 with her sisters as nominees and her iPhone 14.
She has an outstanding amount of RM12,000 from her PTPTN study loan.
-The mode of proceeding is by way of Letters of Adminstration
-The jurisdiction of the proceeding is Amanah Raya Berhad
-The suitable administrator is the personal representative
4. En. Shafie, died due to old age in 2017. He left behind a wife, Puan Minah and 6
children. His youngest son, Osman, believes that his late father died leaving them a
piece of land in Sabak Bernam worth RM300,00, a kampong house with an
estimated value at RM100,000, a Nissan Sentra worth RM15,000, savings at
Tabung Haji of RM25,000 and some investment in ASNB of nothing more than
RM50,000.
The deceased’s second child, Mariah, is a special child with disabilities and is
dependent on her mother and cannot handle herself independently.
A month after the deceased passed away, Hj Sidek, a pensioner, claims to have
entered into a Sale & Purchase Agreement with the deceased for the purchase of the
Sabak Bernam land in year 2003 and that despite paying the full purchase price both
parties agreed that the transfer may be done at a later date.
-The mode of proceeding is by way of Letters of Administration
-The jurisdiction of the proceeding is Amanah Raya Berhad
-The suitable administrator is the personal representative
5. In December 2017, Ruby was diagnosed with terminal cancer and was hospitalised.
Upon the advise by her friends, she called for Annie, a lawyer friend to draft a will.
The will was witnessed by her Doctor, Dr. Pang and her best friend Zack and was
dated February, 2020.
Among the terms are a house in USJ to be given to her 2 daughters in equal
share, the shares in Publika Mutual Fund to be given to her sons and husband
in equal shares and the residue of her estate worth of RM 1 Million to all the
beneficiaries, after deduction of any outstanding debts due under her name
inclusive of the Freedom Memorial Service charges.
Ruby died in July 2021. After a week of her death, his son Raymond found an IOU
between his 2nd brother, Rick and the deceased which is an evidence that Rick owes
the deceased a sum of RM50,000 which he owed to Pak Loong. Rick, however
denies on the fact that the IOU was invalid.
-The mode of proceeding is by way of Letter of Probate
The jurisdiction of the proceeding is High Court
-The suitable administrator is the executor
6. Dato’ Fendy, a successful Muslim entrepreneur, died testate after one year due to an
accident. He left behind his wife and his only adopted daughter Najma. He
bequeathed ¼ of his estates to Najma. His wife, DatinEra, claimed that Dato’ Fendy
transferred the marital home to her name one year before the accident took place.
Dato’ Fendy has no other children.
- Modes of proceedings: Letter of representation (Testate)
- The jurisdiction of the proceeding will start at syariah court and will be
transfered to high court once sijil faraid has been obtained.
- The suitable administrator will be the executor
