What course of action can the beneficiaries take if the appointed executor is unwilling to apply for the Grant of Probate?
Before the beneficiaries can appoint a Personal Representative known as an Administrator in place of the unwilling Executor, the Executor must firstly renounce his right to the executorship. One this is done, the Administrator can apply for Letter of Administration with Will Annexed in the Malaysian High Court when the value of the estate is more than RM600,000.00. However, if the estate is valued at RM600,000.00 or less if it consist of wholly movables, the Amanah Raya Berhad (Public Trustee) under Section 17, Public Trust Corporation Act 1995, Malaysia, can have jurisdiction to administer the estate. If the estate is more than RM600,000.00 consisting of movables and immovables or wholly immovables, the High Court will have jurisdiction.
