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Small Estates (Distribution) Act 1955 [Act 98]

Part V

MISCELLANEOUS

27 Estate partly administered

(1) Where, before the coming into force of this Act, the letters of administration have been granted by the High Court and the estate has not been fully administered, any further application relating to the same estate may be made to the High Court, whether the estate is, or has become, a small estate within the meaning of this Act or not.

(2) Where before the coming into force of this Act a grant of probate or letters of administrations has been made by any authority other than the High Court, and the estate has not been fully administered, any further application relating to the same estate may be made to a Judge or Registrar of the High Court in the State in which the grant was made and thereupon the Registrar shall call for the file of the former proceedings which may be continued as though they had been commenced in his registry:

Provided that if for any reason, in the opinion of the Judge or the Registrar, the proceedings cannot conveniently be so continued, the Judge or Registrar may direct that a new petition be filed in the High Court or that a petition for distribution be lodged with a Land Administrator pursuant to section 8.

(3) Where before the coming into force of this Act an application for distribution or for a grant of letters of administration of a small estate under any written law repealed by this Act has been made to a Land Administrator or, in the case of Sarawak, a Probate Officer, and the estate has not been fully administered, the Land Administrator shall have jurisdiction to continue the proceedings and shall continue them in accordance with this Act, as early as the circumstances admit.

28 Exclusion of provisions of certain other laws

None of the provisions of any law relating to duties on estates of deceased persons or of any rules of court, so far as all such provisions regulate the practice and procedure in granting letters of administration or the imposition and collection of duties payable on the estates of deceased persons, shall apply to any proceedings under this Act except so far and with such modifications as may be prescribed.

29 Appeal

(1) Subject to the other provisions of this Act and to subsection (5), any person aggrieved by any order, decision or act made or done by a Land Administrator under this Act may appeal to the High Court:

Provided that no appeal shall lie from any such order, decision or act so far as the same is based on and in accordance with a decision of the Ruler or of any other person or body in respect of a reference under paragraph 19(1)(a) or in accordance with the opinion of the High Court in respect of a reference under paragraph 19(1)(b):

Provided further that in the State of Terengganu when the appeal is in respect of any decision of the Land Administrator in relation to an interest claimed under the Settlement Enactment [Tr. 65 of 1356], the appeal shall lie to the Land Court constituted under that Enactment.


(2) The time limited for appeal and the procedure in every such appeal shall, unless otherwise provided by rules made under section 30, conform to the limited for, and the procedure in, a civil appeal from a Sessions Court with such variations as may be necessary and the same fees shall be payable.

(3) If any doubt or difficulty shall arise on any point of procedure in any such appeal, any party may apply in writing to the Registrar at the registry in which the appeal is pending or intended to be filed and the Registrar shall give such directions as may be necessary.

(4) The decision of the High Court upon any such appeal shall be final, and shall not be subject to any further appeal.

(5) The decisions of the Native Court in Sabah shall be subject to appeal and revision as provided in the constitution of that Court.

30 Regulations

The Minister may make regulations to carry into effect the objects of this Act and to prescribe anything required to be prescribed under this Act.

31 Advocates

(1) No advocate shall be entitled to appear on behalf of any party in any proceedings before the Land Administrator under this Act except with the permission of the Land Administrator, who may grant or withhold such permission in each case as he thinks fit.

(2) No solicitor's costs shall be allowed out of any small estate except that in a case where the estate exceeds three thousand ringgit in value, the Land Administrator may, for special reasons stated in the order, allow such costs to an amount not exceeding the amount of such costs as might be awarded in a Sessions Court in a comparable proceeding.

32 Repeal

(1) The Enactments mentioned in the first and second columns of the Second Schedule are repealed to the extent specified in the third column thereof.

(2) (Omitted).

33 Saving and transitional

(1) Nothing in this Act shall affect the validity of proceedings instituted under the laws repealed by this Act but the same shall be carried on in accordance with this Act and any such proceeding may be amended as may appear to be necessary or proper to bring it into conformity with this Act.

(2) Subject to this Act, the *Corporation shall be deemed to have taken the place of the Administrator General, Sabah, and of the Probate Officers in Sarawak.
*NOTE-The original provision which used the words "Official Administrator" is now construed as "Corporation" - see subsection 43(3) of the Public Trust Corporation Act 1995 [Act 532].

34 Special provisions for Malacca and Penang

The Third Schedule shall have effect in relation to a small estate, or a part of a small estate, which consists of immovable property situated in the State of Malacca or the State of Penang.


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