Executor and/or Administrator of a Deceased’s Estate : Duties and Liabilities

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 assets in the estate to the beneficiaries named in the Will.

A representative is in a fiduciary position and must act in the interest of all beneficiaries, holding the scales evenly between them with detachment and impartiality. A representative will be personally liable to the beneficiaries in the event the beneficiaries suffer financial losses due to any mismanagement or mishandling of the real or liquid assets in the estate.

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