The Letter of Authority for Deceased Estate is a crucial document in Malaysian estate administration, designed to facilitate the immediate handling of a deceased person's affairs. This document becomes necessary when someone passes away and their assets need to be managed, debts need to be settled, and estate matters need to be handled. While not a substitute for full probate or letters of administration in all cases, it provides sufficient authority for many immediate actions, particularly under Malaysian jurisdiction. The document draws its legal basis from various Malaysian statutes, including the Probate and Administration Act 1959 and the Small Estates (Distribution) Act 1955. It's particularly valuable for smaller estates or situations requiring urgent action before full probate can be obtained. The letter typically includes detailed information about the deceased, the appointed representative, and the scope of authority granted.
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1. Identification of Deceased: Full legal name, last known address, date of death, and identification number of the deceased person
2. Identification of Representative: Full details of the person being granted authority, including relationship to deceased, contact information and identification details
3. Declaration of Authority: Clear statement granting authority to the representative to act on behalf of the estate
4. Scope of Powers: Detailed listing of specific powers being granted (e.g., accessing accounts, dealing with property, settling debts)
5. Duration of Authority: Specification of how long the authority remains valid
6. Undertaking and Indemnity: Representative's commitment to act properly and indemnification of third parties acting on the letter
7. Execution: Signature block with witness requirements and date
1. Islamic Law Declaration: Required only if the deceased was Muslim, confirming that distribution will follow Shariah principles
2. Small Estate Declaration: Required only for estates valued at RM2 million or less, referencing the Small Estates (Distribution) Act
3. Joint Assets Statement: Required when there are jointly held assets that need special handling
4. Beneficiary Acknowledgment: Optional section where other beneficiaries acknowledge and consent to the appointment
5. Limitation of Powers: Optional section specifying any restrictions on the representative's authority
1. Schedule A - Assets Schedule: List of known assets of the deceased, including bank accounts, properties, and investments
2. Schedule B - Identity Documents: Copies of death certificate, representative's ID, and other relevant identification documents
3. Schedule C - Beneficiary List: List of known beneficiaries and their relationship to the deceased
4. Appendix 1 - Supporting Documents: Additional documentation such as will (if any), marriage certificate, or other relevant legal documents
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