ACT 100
TRUST COMPANIES ACT 1949 (REVISED - 1973)

PROBATE AND ADMINISTRATION



Section 10. Company may be authorized to apply for probate or administration.


(1) If and whenever any person is entitled to apply for probate of the will of any testator without leave being reserved to any other person to apply for probate, it shall be lawful for the person, whether absent from Malaysia or not, and notwithstanding any other written law, instead of himself applying for the probate, to authorize a trust company to apply to the Court for a grant of administration with the will annexed of the estate of the testator, and a grant may be made to the company upon its own application, when so authorized, but this section shall not apply to any case in which a will provides that the company shall not act as executor, or in the trusts thereof.

(2) If and whenever any person is entitled to apply for letters of administration with the will of any testator annexed of the estate of that testator, it shall be lawful for that person, whether absent from Malaysia or not, and notwithstanding any other written law, to authorize a trust company, either alone or jointly with any other person, to apply to the Court for a grant of letters of administration with the will annexed of the estate of that testator, and a grant may be made to the company upon its own application, when so authorized, but this section shall not apply to a case in which a will provides that the company shall not act as executor, or in the trusts thereof.

(3) It shall be lawful for any person or persons entitled to apply for letters of administration of the estate of any intestate whether the person or persons be absent from Malaysia or not, and notwithstanding any other written law, to authorize a trust company to apply to the Court for the letters of administration, either alone or jointly with any other person, and administration of the estate of any such intestate may be granted to the company, either alone or jointly as aforesaid upon its own application, when so authorized.

(4) For the purposes of any application to the Court for letters of administration to the estate of any deceased person, the Court shall consider a trust company, when authorized as aforesaid, to be in law entitled equally with any other person or class of persons to apply for and obtain a grant, but a trust company, being so entitled, shall not on that account alone be preferred to the widower, widow, or next-of-kin of any intestate.

(5) No grant of probate or of letters of administration shall be granted to a syndic or nominee on behalf of a trust company.


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