'Standing' room only: A vintage issue in estate administration claims
The doctrine of standing or locus standi governs the rule of competency of a person that submits their grievances to the court. A beneficiary, usually an incompetent plaintiff due to the lack of locus standi, is not a qualified litigant to seek the court’s intervention in administering the decease...
| Main Authors: | , |
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| Format: | Article |
| Language: | English |
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UUM Press
2019
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| Online Access: | https://repo.uum.edu.my/id/eprint/28117/1/UUMJLS%2010%202%202019%201%2017.pdf |
| _version_ | 1825805752827117568 |
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| author | Mohd Noor, Nor Azlina Abd Aziz, Ahmad Shamsul |
| author_facet | Mohd Noor, Nor Azlina Abd Aziz, Ahmad Shamsul |
| author_sort | Mohd Noor, Nor Azlina |
| collection | UUM |
| description | The doctrine of standing or locus standi governs the rule of competency of a person that submits their grievances to the court. A
beneficiary, usually an incompetent plaintiff due to the lack of locus standi, is not a qualified litigant to seek the court’s intervention in
administering the deceased’s estate. The prevailing legal position in Malaysia is that the estate beneficiaries are not authorized to bring
forth any action against any party on behalf of the estate, until a sealed order of the letter of representation has been presented. The
fundamental issue in question is whether the doctrine of standing has denied the inherent right of beneficiaries to exploit the deceased’s
estate. Hence, in light of this scenario, this paper aims to analyse the tendency of the court on deciding cases that relates to the standing
of beneficiaries who are not personal representatives, when they submit claims on behalf of the estate. In this context, this paper uses
the content analysis method to analyse past concluded cases and relevant legal provisions. This paper concludes that the Federal
Court had whittled down the strict rule that beneficiaries should first obtain the grant of letters of representations for deceased’s
estates by providing the locus standi to submit any legal claims on behalf of the estates. Therefore, by allowing the claims made by the
beneficiaries, the court has acknowledged the existence of special circumstances that can be applied to exceptional cases. |
| first_indexed | 2024-07-04T06:37:23Z |
| format | Article |
| id | uum-28117 |
| institution | Universiti Utara Malaysia |
| language | English |
| last_indexed | 2024-07-04T06:37:23Z |
| publishDate | 2019 |
| publisher | UUM Press |
| record_format | eprints |
| spelling | uum-281172021-02-01T00:21:14Z https://repo.uum.edu.my/id/eprint/28117/ 'Standing' room only: A vintage issue in estate administration claims Mohd Noor, Nor Azlina Abd Aziz, Ahmad Shamsul KZ Law of Nations The doctrine of standing or locus standi governs the rule of competency of a person that submits their grievances to the court. A beneficiary, usually an incompetent plaintiff due to the lack of locus standi, is not a qualified litigant to seek the court’s intervention in administering the deceased’s estate. The prevailing legal position in Malaysia is that the estate beneficiaries are not authorized to bring forth any action against any party on behalf of the estate, until a sealed order of the letter of representation has been presented. The fundamental issue in question is whether the doctrine of standing has denied the inherent right of beneficiaries to exploit the deceased’s estate. Hence, in light of this scenario, this paper aims to analyse the tendency of the court on deciding cases that relates to the standing of beneficiaries who are not personal representatives, when they submit claims on behalf of the estate. In this context, this paper uses the content analysis method to analyse past concluded cases and relevant legal provisions. This paper concludes that the Federal Court had whittled down the strict rule that beneficiaries should first obtain the grant of letters of representations for deceased’s estates by providing the locus standi to submit any legal claims on behalf of the estates. Therefore, by allowing the claims made by the beneficiaries, the court has acknowledged the existence of special circumstances that can be applied to exceptional cases. UUM Press 2019 Article PeerReviewed application/pdf en https://repo.uum.edu.my/id/eprint/28117/1/UUMJLS%2010%202%202019%201%2017.pdf Mohd Noor, Nor Azlina and Abd Aziz, Ahmad Shamsul (2019) 'Standing' room only: A vintage issue in estate administration claims. UUM Journal of Legal Studies (UUMJLS), 10 (2). pp. 1-17. ISSN 2229-984X http://www.uumjls.uum.edu.my/index.php/previous-issues/161-uum-journal-of-legal-studies-jls-vol-10-2-2019 |
| spellingShingle | KZ Law of Nations Mohd Noor, Nor Azlina Abd Aziz, Ahmad Shamsul 'Standing' room only: A vintage issue in estate administration claims |
| title | 'Standing' room only: A vintage issue in estate administration claims |
| title_full | 'Standing' room only: A vintage issue in estate administration claims |
| title_fullStr | 'Standing' room only: A vintage issue in estate administration claims |
| title_full_unstemmed | 'Standing' room only: A vintage issue in estate administration claims |
| title_short | 'Standing' room only: A vintage issue in estate administration claims |
| title_sort | standing room only a vintage issue in estate administration claims |
| topic | KZ Law of Nations |
| url | https://repo.uum.edu.my/id/eprint/28117/1/UUMJLS%2010%202%202019%201%2017.pdf |
| work_keys_str_mv | AT mohdnoornorazlina standingroomonlyavintageissueinestateadministrationclaims AT abdazizahmadshamsul standingroomonlyavintageissueinestateadministrationclaims |