@An Administrator is the person to whom a Grant of Letters of Administration is granted by the Court to administer the Estate of the deceased in the following cases:
(a) Grant of Letters of Administration where the deceased dies intestate (meaning the deceased die without a will or the will cannot be found); and
(b) Grant of Letters of Administration with Will Annexed.
LETTERS OF ADMINISTRATION WITH WILL ANNEXED.
Generally, Grant of Letters of Administration with Will Annexed is granted to such person(s) as the Court deems fittest to administer the Estate when the deceased dies leaving a Will BUT :
(a) no Executor is appointed by the Will;
(b) the Executor or all the Executors appointed by Will are legally incapable of acting as such, or have renounced;
(c) no Executor survives the testator;
(d) all the Executors die before obtaining Probate or before having administered all the deceased’s estate; or
(e) the Executors appointed by any Will do not appear and extract Probate.
(Section 16 of the PAA Act).
Where Letters of Administration with Will annexed is granted, the Will of the deceased shall be performed and observed in a like manner as if Probate thereof had been granted to an Executor.
(Section 17 of the PAA Act).
“LIMITED” LETTERS OF ADMINISTRATION
“Limited” Letters of Administration may be granted in the following cases :
(a) Where there is reason to believe that there is a Will in existence but it is not forthcoming, Letters of Administration may be granted, limited until the Will or an authenticated copy thereof is provided;
(Section 18 of the PAA Act).
(b) Where there is a probate action pending, Letters of Administration (pendente lite) may be granted to an Administrator but such Administrator shall have no power to distribute the Estate and shall be subject to control and direction of the Court;
(Section 19 of the PAA Act).
(c) Where a minor would (but for his minority) be entitled to representation if of full age, Letters of Administration with or without the Will annexed may be granted to the guardian or to such person as the court thinks fit; limited until the minor is of age to obtain a Grant himself;
(Section 20 of the PAA Act).
(d) When a person of unsound mind would (if of sound mind) be entitled to representation, Letters of Administration with or without the Will annexed, may be granted to the person to whom the care of his Estate has been lawfully committed or to such person as the court thinks fit until he becomes of sound mind and obtains a Grant himself;
(Section 21 of the PAA Act).
(e) Where a person dies leaving property in which he had no beneficial interest on his own account and he leaves no representative who is able or willing to act, Letters of Administration limited to that property, may be granted to the person beneficially interested in the property or to some other person on his behalf;
(f) Where in any case in which it appears necessary for the preservation of the deceased’s property, the Court thinks fit or to Amanah Raya Berhad, Letters of Administration limited to the collection and preservation of the deceased’s property, and giving discharge of debts due to his estate subject to direction of the court. Such person so appointed shall have the power to dispose of all assets of the Estate of a wasting or perishable nature and invest the proceeds of sale.
