PP Tutorial
TUTORIAL 2
Question 1
Cedric Diggory died in December 2016, leaving an estate worth around RM250,000. This
included the house in which he lived (BearHill Cottage). At the date of his death, Cedric had an
outstanding personal loan of around RM5,000. All of these debts are accruing interest.
Cedric had made a valid Will in 2002 and appointed his good friend Dolores Umbridge to be the
sole executor. Shortly before he died, Cedric had made a claim on his contents insurance policy
to replace his Samseng widescreen television, which had been stolen during a burglary. The
insurance company has just paid a cheque to Dolores for RM5,000 in settlement. Dolores has
used this money to pay off the bank overdraft and the credit card debt.
Cedric is survived by his beneficiaries: Lily (his wife) and Tora (his son). Dolores informed Lily
that she does not wish to act as executor, either now or in the future.
Advise Lily on how she can proceed with the administration of Cedric’s estate.
Answers:
1st issue: Dolores has used this money to pay off the bank overdraft and the credit card debt.
Executor de son tort
A person who has taken upon himself the office by intermeddling in the estate.
Examples of intermeddling includes taking possession of the deceased’s assets, receiving
or releasing debts due to the estate, and writing to request payment of money due under
the testator’s life insurance policy.
He is NOT the rightful executor because he deals with the administration of the
Testator’s estate
o without lawful authority; or
o without being lawfully appointed as Executor
Apply: intermeddle the estate by paying the debt
He can be sued by the Rightful PR and will be liable of his own wrongdoing / any loss to
the estate caused by him.
S. 65: If any person… obtains, receives/holds any movable/immovable property of a
deceased person; or effects the release of any debt/liability due to the estate of the
deceased, he shall be charged as executor in his own wrong to the extent of the property
received/coming into his hands, or the debt/liability released.
However, Dolores won’t be liable as the estate did not suffer any loss.
2nd Issue: whether Dolores could revoke executorship to Lily?
s. 8 PPA:
GR: S.8(1): Any person who is/may become entitled to representation may expressly
renounce his right to the representation.
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S.8(2): Renunciation may be made orally by the person renouncing/his advocate, on the
hearing of any petition/probate action; or in writing signed by the person so renouncing
and attested either by an advocate or by any person before whom an affidavit may be
sworn.
o Lose the right of executorship
Can executor de son tort could renounce his executorship?
Holder v Holder: If executor de son tort is named as executor in the will, he cannot
renounce.
o What if he is not named in the will?
What can Lily do? Apply citation
o S. 9(1): Any person having/claiming any interest in the estate of a deceased
person, or any creditor of a deceased person, may, without applying for
representation, cause to be issued a citation directed to the Executor, calling upon
the person cited to accept/renounce the right.
o S. 9(2): Any person so cited may enter an appearance to the citation, if he makes
default in appearance, he shall be deemed to have renounced the right; and if,
having appeared, but he does not proceed to apply for representation, the person
so citing may apply for an order that the person cited shall be deemed to have
renounced his right thereto.
The court will make an order to Lily who had interest in the estate and if Dolores failed to
enter appearance, right will be renounced.
S. 16(b): Lily may apply for letter of administration.
Question 2
Fred Weasley has been appointed administrator of his father’s estate and is awaiting to extract
the grant of letters of administration. His late father had left the sale transaction of one property
uncompleted. The purchaser, Sirius had been Fred’s father’s very good friend and allowed the
payment of the purchase price to be delayed. However, Fred noted that Siruis had made no
attempt to complete the sale even after a year since his father’s death. Fred intended to file a
bankruptcy notice on behalf of his father’s estate against Sirius.
Advise Fred.
Answers:
A person appointed by Court to administer the property of the Testator upon his/her
demise because he died without leaving a Will/proving Executor.
S.2: “administrator” means a person to whom administration is granted.
Unlike Executor, an Administrator takes his authority from the LA and cannot act before
he receives it. The administrator’s authority and confirmation of the authority stems from
the LA.
S. 39(2): Where a person dies instate, his personal property shall vest in the
Administrator on the making of an order for a grant of administration by the court.
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Whether Fred could take action on behalf of his father?
Yes: Ruhani
No: Ingall v Moran/ Ang Hoi Yin
o Generally falls under here
o
