NIK UMAR MUKHTAR BIN N MD AMIN

NIK UMAR MUKHTAR BIN N MD AMIN

Court held caveats remained in force after appearance/warning and matter was contested; affidavit evidence disclosed a real and substantial issue of conflict of interest by applicant (control of companies holding estate assets, alleged transfer of shares and undisclosed receipt of rents) which affected suitability to be sole administrator; exercising discretion under s.30 P&A Act court appointed applicant and Pengkaveat 1 as joint administrators and declined to make any order for costs.

Citation
DA-31NCvC-33-02/2022 (Mahkamah Tinggi)
Parties
Deceased: Md Amin bin N Taib; Applicant: Nik Umar Mukhtar bin N Md Amin; Respondent (widow): Rita Sarbani binti Ismail; Caveator: Nik Fatimatuzzahra binti N Md Amin; Respondent (heir): Nik Faatihah binti N Md Amin; Respondent (heir): Nik Fadhilah binti N Md Amin; Caveator: Nik Muhammad Adib bin N Md Amin
Court
High Court
Jurisdiction
Malaysia
Judgment Date
6 February 2023
Case Number
DA-31NCvC-33-02/2022 (Mahkamah Tinggi)
Procedural Posture
Non Contentious Probate (aturan/rule 71) With Caveats Leading to Contested Probate Issues / Application for Letters of Administration; Court Determining Whether to Proceed Summarily or as Contentious Probate (order 72) and Deciding Appointment of Administrator(s)
Outcome
Application granted in part; joint appointment of administrators
Legal Topics
Letters of Administration, Caveat, Conflict of Interest, Appointment of Joint Administrators, Summary Disposal Vs Contentious Probate
Source Language
Malay/English
Probate and Administration Law Civil Procedure Letters of Administration Caveat Conflict of Interest Appointment of Joint Administrators Summary Disposal Vs Contentious Probate

Case Brief

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Parties

Md Amin bin N Taib

Deceased

Nik Umar Mukhtar bin N Md Amin

Applicant

Rita Sarbani binti Ismail

Respondent (widow)

Nik Fatimatuzzahra binti N Md Amin

Caveator

Nik Faatihah binti N Md Amin

Respondent (heir)

Nik Fadhilah binti N Md Amin

Respondent (heir)

Nik Muhammad Adib bin N Md Amin

Caveator

Procedural Posture

Non Contentious Probate (aturan/rule 71) With Caveats Leading to Contested Probate Issues / Application for Letters of Administration; Court Determining Whether to Proceed Summarily or as Contentious Probate (order 72) and Deciding Appointment of Administrator(s)

Legal Issues

  1. 1 Whether caveats remained in force and rendered the application contested
  2. 2 Whether there existed real or substantial triable issues requiring Order 72
  3. 3 Whether the applicant had a conflict of interest rendering him unsuitable to be sole administrator

Ratio Decidendi

Court held caveats remained in force after appearance/warning and matter was contested; affidavit evidence disclosed a real and substantial issue of conflict of interest by applicant (control of companies holding estate assets, alleged transfer of shares and undisclosed receipt of rents) which affected suitability to be sole administrator; exercising discretion under s.30 P&A Act court appointed applicant and Pengkaveat 1 as joint administrators and declined to make any order for costs.

Court Disposition

Application granted in part; joint appointment of administrators

Orders

  • Nik Umar Mukhtar bin N Md Amin and Nik Fatimatuzzahra binti N Md Amin are appointed as Joint Administrators of the estate of N Md Amin bin N Taib
  • Letters of Administration are to be issued to Nik Umar Mukhtar bin N Md Amin and Nik Fatimatuzzahra binti N Md Amin as Joint Administrators