In Sarawak, the duties of an executor (where a Will is involved) or administrator (for intestate estates) are governed by the Administration of Estates Ordinance [SWK. Cap. 80 ] (1948). For current purposes, we shall use the word “representative” to describe both roles. This means applying to the Probate Officer for a Grant of Probate or Letters of Administration, keeping track of the debts and assets held by the deceased before the date of death, and distributing the nett as

A foreigner is an individual or company that is not a citizen or permanent resident of Malaysia. Since 1st January 2026, the stamp duty payable on Memoranda of Transfer or for sale transactions on property has been increased to a flat rate of 8% of the purchase price of the property. Below is a table to summarize the current stamp duty rates payable by foreigners for purchase of property in Malaysia, per the Stamp Act 1949 (Act 378) From 1 January 2026: Property Type Ad Va

The Federal Court’s decision in the case of Anna Chin Kui Lien v RJ Realty & anor and other appeals [2025] 2 CLJ 204 has cemented the legal position in Sarawak on calculation of liquidated ascertained damages (LAD) for purchases of residential buildings under construction by a developer. In a scenario whereby the 36 month statutory time period provided for in the Sale and Purchase Agreement has been exceeded due to a Developer’s late delivery of vacant possession, and the h

Case background: SESCO disconnected electricity without notice because the previous owner owed RM57,000.00 and meter tampering was found to have occurred before the house was handed over to the Plaintiff. Family took SESCO to court. Judgement: Court said SESCO can’t force the new owner to pay the previous owner’s bills in the above situation. No contract with you = no power to cut your lights. Results: Sesco was ordered by the High Court Judge to restore supply to the premis

In Malaysia, stamp duty for the abovesaid type of transfer is subject to a nominal stamp duty of RM10.00. However, subject to Stamp Duty (Exemption) Order (No. 3 ) Order 2023 [P.U. (178)], should the property be valued by the valuation branch of the Lembaga Hasil Dalam Negeri as exceeding RM1,000,000.00 in market value, stamp duty shall be chargeable over the amount exceeding RM1,000,000 at a rate of fifty percentum (50%) of the stamp duty chargeable. This Order is applicable

Under Sarawak’s Administration of Estates Ordinance, only the Probate Officer at Amanah Raya can grant or revoke Probate, not the Courts. However, the exercise of this power by the Probate Officer can be challenged in Court by way of judicial review or by way of a writ action against the probate officer seeking a declaration regarding the correctness of the decision. As such, Amanah Raya should be joined as a party to the action. See the recent case of Jessica Lee Su Eng & Or