Ezral Ghazali Bin Shahudin v Shahudin@Abdul Malek Bin Zainudin
Catchwords
Probate and Administration — Removal of administrator — Letters of administration granted to surviving spouse — Alleged failure to distribute remaining assets — Delay of nearly ten years — Whether sufficient cause for revocation — Objective test — Paramount consideration being proper administration of estate — Majority of beneficiaries supporting administrator — Personal grievances not sufficient — Whether plaintiff fit to replace administrator — Section 34 Probate and Administration Act 1959 Civil Procedure — Originating summons — Application to revoke letters of administration — Burden of proof on applicant — Allegations of misconduct and exclusion — Evidentiary threshold not met — Delay explained by stamp duty and beneficiary consensus — Informal accounting — Whether breach of fiduciary duty established Fiduciary Duties — Administrator of estate — Duty to act in best interests of all beneficiaries — Delay in sale of immovable property — Sentimental value and family use — Whether failure to distribute constitutes misconduct — Whether failure to produce formal accounts fatal — Judicial reluctance to interfere absent compelling cause
Practice Areas
Judges (1)
Judgment
Read the full judgment on the official Malaysia Courts portal.
Read on eJudgmentSource: eJudgment (wa-24ncvc-2470-07-2024)