Executor’s Duties in Malaysia: What You Should Know
Being named as an executor in a Will or Wasiat instrument is a meaningful responsibility. It reflects the deep trust placed in you by a loved one to carry out their final wishes and manage their estate. However, many are unaware that being named as an executor alone does not automatically confer the authority to begin administering the deceased’s estate.
Conversations about estate planning and fulfilling final wishes.
This article aims to provide an understanding of the executor’s role in administering estate and how Maybank Trustees can complement your estate planning needs by offering an option of our service as a professional corporate executor for added peace of mind.
Understanding Legal Authority and Representation Process in Malaysia
In Malaysia, estate administration is governed by a distinct legal framework that differs significantly from that of other jurisdictions. Unlike in the United Kingdom, where inheritance Tax must generally be settled prior to the Grant of Representation is issued, Malaysia does not have inheritance tax in place.
Instead, where a valid Will or Wasiat instrument exists, the initial step to be taken by the executor is to obtain a Grant of Probate – a court document that gives legal authority to the executor to act on behalf of the deceased’s estate. This is typically applied through the High Court (in Peninsular Malaysia and Sabah), or through Amanah Raya or the District Office (in Sarawak), depending on jurisdiction.
The Executor’s Responsibilities
Once the Grant of Probate is obtained, the executor assumes the responsibilities as generally outlined under the Probate and Administration Act 1959 which may include, but not limited to:
- Locating and safeguarding the deceased’s assets;
- Verifying and settling outstanding debts and taxes;
- Distribution of the estate to the beneficiaries;
This process can take several months, depending on the complexity of the estate. It can also be emotionally challenging, especially during a time of loss.
What if there is no Will or Wasiat instrument?
If no valid Will or Wasiat instrument exists, the estate is treated as intestate, and it is the administrator, rather than an executor, who is responsible for managing the estate. The administration process becomes more complex and lengthy:
- Any person who may have an interest in the estate such as next-of-kin could either apply for a Letter of Administration (“LA”, or Small Estate (Distribution) depending on the estate value and the type of deceased’s assets.
- Prior to the LA application, all the beneficiaries should mutually agree on the appointment of chosen administrator.
- The court may appoint a next-of-kin to act as the administrator;
- Distribution of assets will be according to the applicable laws:
Non-Muslim: Distribution Act 1958 (For Peninsular & Sarawak) and Intestate Succession Ordinance 1960 (For Sabah);
Muslims: Distribution of assets is guided by Faraid. However, if the heirs reach a mutual agreement (muafakat), the estate may be distributed by consensus. In cases of disagreement, Faraid serves as the default mechanism for resolving disputes.
In some cases, the court may require additional approvals—for example, provision of sureties to guarantee that the administrator will faithfully manage and distribute the assets according to the law.
Executor vs. Administrator: Similar Duties, Different Circumstances
While the title differs, the administrator of an intestate estate carries similar responsibilities to those of an executor. However, without a Will or Wasiat instrument to guide decisions, the process often involves more uncertainty, legal formalities, and the potential for family disputes.
Why Consider a Corporate Executor
While many individuals are appointed as executors by family or friends, not everyone is fully prepared for the legal, financial, and emotional responsibilities involved. Administering an estate can be a lengthy, complex process—especially when disputes arise, minors are involved, or multiple assets need to be managed professionally. This is where a corporate executor such as Maybank Trustees can make a difference. Through our Will and Wasiat writing services, individuals also have the option to appoint Maybank Trustees as their corporate executor. As an impartial and experienced party, we help ensure that estate administration is carried out efficiently, transparently, and in accordance with legal requirements and the deceased’s wishes – offering clarity during a difficult time.
Maybank Trustees team providing expert guidance for your estate needs.
Plan Ahead with Professional Support
Appointing the right executor is crucial, and planning ahead can make all the differences. It's about making sure your intentions are carried out clearly, and your loved ones are protected from unnecessary complications. To learn more about our Will and Wasiat writing services, or to explore the option of naming Maybank Trustees as your trusted executor, connect with our Trust Consultants at mtb.bd@maybank.com or visit maybank.my/trustees today.
