Administration Of Estates Research Articles

Enhancing estate governance through blockchain: An analysis of transparency, efficiency and security in estate management

This study investigates the impact of blockchain technology on estate governance focusing on enhancing transparency, efficiency and security within the sector. A structured questionnaire using a 5-point Likert scale was distributed to 317 estate management professionals to collect quantitative data which was subsequently analyzed using SmartPLS 4. The results underscore transformative potential of blockchain technology revealing strong correlations between its implementation and improved estate governance outcomes. This study demonstrates how blockchain can significantly enhance estate administration by addressing inefficiencies, bolstering security and fostering greater transparency. The proposed framework for integrating blockchain into estate governance offers a comprehensive strategy to manage frozen estates more effectively, reduce administrative delays and minimize disputes. The study's primary contribution lies in its innovative application of blockchain technology to solve prevalent issues in estate management providing a strategic blueprint for future implementations. This study offers actionable insights and practical recommendations for estate management stakeholders emphasizing the critical role of blockchain in ensuring more efficient, transparent and secured governance practices. This study highlights the profound impact blockchain can have on modernizing estate management practices and establishing robust governance frameworks by thoroughly examining the dimensions of transparency, efficiency, and security. This study concludes by advocating for the adoption of blockchain technology to enhance estate governance effectiveness and improve overall management outcomes.

ANALYSIS OF THE ISSUES AND CURRENT FRAMEWORK IN THE ADMINISTRATION AND DEVELOPMENT OF NON-ADMINISTERED REAL ESTATE OF KAMPONG BHARU, KUALA LUMPUR, MALAYSIA

The unmanaged properties in Kampong Bharu, with over 60 billion immovable estates classified as frozen, are a pressing concern. Despite numerous proposed solutions, the current legal framework remains insufficient, and the challenge of addressing these unmanaged estates persists. Additionally, development planning in this area has been stalled with no resolution in sight up to the present day. This study analyses the issues and current framework in the administration and development of non-administered real estate in Kampong Bharu through a qualitative and descriptive cross-sectional analysis of governing statutes, reported cases, semi-structured interviews, surveys, and data from the respective administrative bodies. Several issues were identified, including the presence of multiple administrative bodies, uncertainty about the status of Malay Reservation Land, problems arising from multiple deaths, and challenges in enforcing the Land Acquisition Act 1960, highlighting the urgent need for more efficient legal administration and dispensation of justice.

Choose the Right Fiduciary for Administration Of Charitable Trusts and Estates

Choose the Right Fiduciary for Administration Of Charitable Trusts and Estates

THE APPOINTMENT OF A WASI IN ADMINISTRATION OF TESTATE ESTATES IN MALAYSIA: A LEGAL ANALYSIS

In the event of death, an appointment of a wasi is considered as an important requirement under the law because he plays a vital role in ensuring the deceased’s estate to be managed properly and efficiently. In addition, the appointment of wasi may expedite the process of administration and distribution of property and avoid disputes among the family members of the deceased. In Malaysia, the Rules of Court 2012 does not include the estate of a Muslim dying leaving a will because it does not come within the scope of the Wills Act 1959. However, the existence of will with the appointment of a wasi is valid for application of grant of Probate though the fact it is a Muslim will. Moreover, the appointment of a wasi is not clearly mentioned in any states’ enactment but it is only provided under the statutes of general application such as Probate and Administration Act 1959. Thus, this paper attempts to analyse the laws on the appointment of a wasi in estate administration. This study is based on a qualitative study and its approach is a content analysis methodology. This study reveals that the laws governing the appointment of a wasi in Malaysia involves a dual legal system and it subjects to several legal constraints under federal and state laws. The findings of the study provide room for further improvement with regards to the appointment of a wasi particularly in the administration of Muslim’s estate. The study concludes that there is a lacuna in the existing laws where the appointment of a wasi is not expressly clarified in any state laws except provided in federal laws.

Introduce the Institutional Concept of Estate Bankruptcy under the Background of Estate Administrators of China

Introduce the Institutional Concept of Estate Bankruptcy under the Background of Estate Administrators of China

The Legal Perfection of the System of Executors in Estate Management

The newly added estate administrator system in the Civil Code holds significant importance in preventing improper estate management, resolving inheritance disputes, and protecting the interests of relevant parties. However, the general and principle-based nature of this system has posed challenges in judicial practice, revealing its shortcomings and inability to meet the needs of current legal relationships. Therefore, it has become an urgent task to supplement and modify this system. In order to improve the estate administrator system, several aspects can be considered for reflection and improvement. Firstly, it is necessary to clarify the independent legal status of estate administrators and have their rights granted by notary institutions. Secondly, provisions should be added regarding the entities responsible for compiling estate inventories, time limits, contents, reporting recipients, and handling objections. Additionally, establishing procedures for public notice and declaration of creditors' claims and specifying the procedures for debt settlement are crucial. Lastly, it is important to consider introducing provisions for terminating estate administrator duties in two specific situations.

A CALL FOR REGULATION OF ESTATE ADMINISTRATION OF CRYPTOCURRENCY IN MALAYSIA

The positive acceptance of cryptocurrency by the public indicates their interest and enthusiasm for cryptocurrency. Nevertheless, theregulatory overlay related to cryptocurrency is still at its infancy level, posing challenges to its estate administration upon the death ofthe owner of a cryptocurrency, which will lead to its disappearance and loss as it becomes impossible to be inherited. Hence, in light ofthis undesirable possibility, this paper aims to analyze the legal and Shariah issues on the estate administration of cryptocurrency from the perspectives of Malaysian laws and Shariah. This paper examined doctrinal research by examining relevant legal provisions, Shariah rulings, fatwa, cases, and non-legal literature on estate administration. This paper concludes that there is a lacuna in the estate administration of cryptocurrency as its regulatory framework is still new and evolving. Therefore, the legal and Shariah issues highlighted in this paper may provide some important policy implications for regulators and policymakers to fulfil the lacuna in the estate administration of cryptocurrency in Malaysia.

Wills & Trusts

This article discusses developments relating to the Texas law of intestacy, wills, estate administration, trusts, and other estate planning matters during the Survey period of December 1, 2021, through November 30, 2022. The reader is warned that not all cases decided during the Survey period are presented, and not all aspects of each case are analyzed. You must read and study each case’s full text before relying on it or using it as precedent. The discussion of most cases includes a moral, that is, the important lesson to be learned from the case. By recognizing situations that resulted in time-consuming and costly litigation in the past, readers may be able to reduce the likelihood of the same situations arising with their own clients.

ANALYSING THE LOOPHOLES ON ESTATE ADMINISTRATION OF CRYPTOCURRENCY IN MALAYSIA

The recognition of cryptocurrency as digital assets in Malaysia under the purview of security governed by the Securities Commission of Malaysia contributed to cryptocurrency's positive acceptance, with evidence that the number of cryptocurrency users is growing. Nonetheless, due to the unique characteristics of cryptocurrency, the lack of legal regulation on cryptocurrency inheritance will have an impact on crypto estate administration. Apparently, the law on cryptocurrency in Malaysia is still in its infancy, and the existing issue of frozen estate in Malaysia, which is constantly increasing, prompted the researchers to investigate potential loopholes in cryptocurrency estate administration from a legal and shariah standpoint. The study conducts content analysis by examining the relevant statutories, such as “the Probate and Administration Act 1959, the Capital Market Service Act 1997, the Capital Market and Services (Prescription of Securities) (Digital Currency and Digital Token) Order 2019, Shariah Resolutions and Fatwas in Malaysia”, other literatures related to cryptocurrency estate administration. As a result, there are legal loopholes in cryptocurrency estate administration in Malaysia that prevent cryptocurrency from being inherited by the entitled beneficiary. The issue of cryptocurrency inheritance may arise in the near future; thus, this study provides policy implications to the Malaysian regulators to solve the highlighted lacuna as well as social implications to the Malaysian society to consider cryptocurrency in their inheritance planning.

ADMINISTRATION OF ESTATES: RESOLUTION OF DISPUTES IN ACHIEVING SUSTAINABILITY AMONG THE DECEASED’S FAMILY

The UN Sustainable Development Goals (SDG) provides for seventeen universal objectives in which three of which are related to the administration of estate namely no poverty, zero hunger and gender equality. Issues on sustainability in estate administration are commonly associated with problems that occur during the management of the deceased’s estate. Issues such as disputes among family members and mismanagement of asset by the personal representative or senior family members often lead to delays in the estate administration. Over the years, inefficiency in the administration of the estate process has led to financial instability such as poverty and in an extreme situation, hunger of the deceased’s family members as their entitlement over the asset was jeopardised by the mismanagement and unfair distribution of the estate. This paper addresses the sustainability issues in estate administration where the focus of the discussion is the issues of disputes among the family members. This paper also suggests a resolution of the dispute by way of mediation process, which is capable of maintaining sustainability in estate administration. Employing a qualitative approach, the paper adopts a research method through a library-based study by examining materials including statutory provisions, case laws, textbooks, journal articles, newspapers, conference proceedings and seminar papers. The research found that preserving a good relationship between the family members is one of the keys to ensure smoothness and consistency in estate administration, hence contributing to the sustainability of the deceased’s family members as well as adhering to the SDG.

Blockchain’s Grand Promise for the Real Estate Sector: A Systematic Review

In recent years, blockchain technology has received increasing attention in the real estate literature. Moreover, recent evidence suggests that blockchains could provide some added benefits for the real estate sector even in the current hybrid settings, where blockchain is usually just an add-on to existing systems. This research provides an up-to-date and systematic understanding of blockchain’s theoretical potential, pros, and cons for the real estate sector. The research aims to understand why and where to apply blockchain in real estate by conducting a systematic review that identified 296 relevant documents and performed a thematic content analysis. The identified blockchain adoption proposals were classified using standardized real estate vocabulary. Most of the literature focused on blockchain possibilities within land administration, followed by property transactions, real estate investment, leasing and renting, and real estate administration. However, real estate development and real estate maintenance did not appear as attractive real estate subsectors for blockchain. This paper provides a detailed analysis of blockchain technology’s possibilities for each real estate subsector, i.e., blockchain merits, and discusses the pros and cons. Last, this review provides suggestions for future research directions.

Time after death: Material afterlives in the work of estate administration

When someone dies without a will and with no close family willing to administer their estate in New York City and other large US cities, the Public Administrator (PA), a small state agency, steps in to take care of the deceased's estate. Because the subject of the PA's work—the deceased—is no longer present, the office relies on things—objects, homes, money, and documents—as legal markers of identity. The afterlife of a person, therefore, is a distinctly material afterlife. Though death may signify an end, it is in fact the beginning of a different kind of time that is orchestrated in stops and starts by the work of the law, people, and material objects. The ethnographic stories told in this essay demonstrate how two temporal categories—the legal and extralegal—come up against each other in tense and uncanny ways, and how this convergence of legal and extralegal temporalities produces the distinctive material afterlives of the dead.

THE PRESERVATION OF PROPERTY IN MAQASID AL-SYARIAH: WITH SPECIAL REFERENCE TO THE APPOINTMENT AND DUTIES OF WASI IN ESTATE ADMINISTRATION

In estate administration, the appointment of wasi is seen as one of the significant instruments because it may expedite the process of distribution of a deceased’s estate. Hence, wasi plays a vital role as manager of the deceased’s estate as he is responsible for collecting, maintaining, and protecting the estate pending on the final distribution. On the other hand, the estate should be properly administered, or otherwise to a certain degree it will contribute harm to the well-being of the community. Morever, it should be comprehended that, in dealing with Muslims’ estate this also should be consistent with Maqasid Al-Syariah or the objectives of Islamic law. Thus, the paper attempts to examine the appointment and duties of wasi in the context of maqasid al-syariah and the concept of hifz al-mal particularly. This study is based on a qualitative study and its approach is a content analysis methodology. The study discovers that the appointment and duties of wasi is consistent with the concept of Hifz al-mal as wasi is a person who is responsible to protect the property of the deceased from any possible harm or damage (mafsadah). The findings of the study provide insights for the importance roles and functions of wasi in managing Muslims’ estate. The study concludes that the concept of preservation of property in Maqasid al-Syariah should be applied to the major players in estate administration such as personal representative, executor, administrator and trustee in order to protect the rights of beneficiaries and avoid hardship to the beneficiaries in wealth distribution.

FACTORS INFLUENCING THE PURCHASING INTENTION OF TAKAFUL HIBAH PRODUCTS; A CONCEPTUAL FRAMEWORK

The upward trends of frozen assets and remaining unsolved become worrying as the inheritance assets are not efficiently utilized. One of the root causes of frozen assets in Malaysia is the lack of awareness of estate planning among individuals, particularly the Muslim community. The increasing frozen assets were contributed by the low penetration of estate planning among individuals, making the estate administration process even abandoned. Takaful hibah has been introduced as one of the Shariah-compliant products made accessible by Islamic Financial Institutions (IFIs) to overcome these issues. Its versatility is proven in risk management, mitigation, and wealth management, especially in estate planning. Integrations of takaful and hibah have provided reduced time and cost consumption for the inheritance process for Muslims in Malaysia. Further, past research on estate planning related to takaful hibah is still limited to the aspect of consumer purchasing intentions on takaful hibah. Therefore, this paper aims to determine the relationship between attitude, subjective norms, perceived behavioral control, and knowledge towards the intention to purchase takaful hibah. Findings in this study perhaps will focus on twofold contributions. First, it directs the takaful hibah operators to enhance their marketing efforts, such as more product awareness towards the Muslim working adults’ population. Second, regarding academics, this finding helps boost education programs by stimulating the attitude to purchase the takaful hibah. Hence, our study contributes to filling the knowledge gaps on the takaful hibah, as one of the Islamic estate planning tools, particularly among Muslims in Malaysia. Keywords: Conceptual Framework; Islamic Estate Planning; Hibah; Takaful hibah

IMPLEMENTASI KEBIJAKAN PEREMAJAAN SAWIT RAKYAT PADA PETANI SWADAYA DI DESA SARI GALUH KECAMATAN TAPUNG KABUPATEN KAMPAR TAHUN 2019-2021

To diminish issues in regards to the usefulness of smallholder oil palm manors through smallholder palm oil restoration, it is accepted to be the critical connection in expanding the efficiency of smallholder oil palm ranches and expanding the government assistance of ranchers. This study has a reason, specifically to decide the outcome of the smallholder oil palm restoration program for free smallholders in the Sari Galuh town, Tapung area, Kampar region and the variables that become hindrances in the execution of smallholder oil palm revival arrangements. The hypothetical idea that the analyst utilizes is the hypothesis of strategy execution by Edward III 2019. By utilizing subjective examination strategies and information assortment procedures in view of meetings, perceptions and documentation. The consequences of the examination that the creators get are the execution of smallholder oil palm restoration on autonomous smallholders. In Sari Galuh Town, there are as yet a few factors that become obstructions experienced by the Kampar Rule Estate Administration, so the execution of smallholder oil palm restoration on free smallholders has not been compelling and has not been carried out appropriately and ideal.

The magistracy of Berenguer de Cardona, Aragonese provincial master of the Temple, 1291–1307

ABSTRACT Towards the end of the thirteenth century an Aragonese provincial master’s duties were of an administrative, rather than a military, nature. There was no precise demarcation of responsibilities between the master and heads of convents, but the provincial master Berenguer de Cardona was much involved in the administration of Templar estates, seeking to dispose of unprofitable properties, creating an extensive lordship in northern Valencia, dealing with problems of rent arrears, and continuing the task of resettlement. Much time was also spent in defending Templar rights and privileges in disputes with the Crown, the episcopate, tenants, and others. The Order did, however, provide military service, especially in 1304, when Valencia was under threat: Berenguer displayed an aggressive attitude towards Granada. His relations with his subordinates and his superiors were marked by only minor disagreements, and for the last ten years of his magistracy he held the post of visitor in the whole Peninsula. His position also gave him a role in Aragonese politics. In 1301 he caused offence by his conduct at the Catalan Cortes, and the king unsuccessfully sought his removal from office; but for most of his magistracy his relations with Jaime II of Aragon (r. 1291–1327) were amicable.

Lifting the Shroud Obscuring Estate of Hubert: The Logic of the Income and Estate Tax Treatment of Estate Administration Expenses

In Commissioner v. Estate of Hubert, the Supreme Court upheld a Tax Court decision that $1.5 million of estate administration expenses charged against the income of a marital deduction bequest did not reduce the marital deduction for estate tax purposes. In Hubert, the marital deduction bequest was a residuary bequest, and estate administration expenses were payable out of the residue, but the executors had discretion to allocate such expenses between principal and income2 Pursuant to what is known as the "section 642(g) election," the expenses charged against income were deducted for purposes of computing the taxable income of the estate as a separate taxpayer, and were not deducted for estate tax purposes.This comment both critiques Hubert on a doctrinal basis and explores what should be the proper income and estate tax consequences of estate administration expenses.

Debunking the Master of the High Court's Assumed Approval Authority Over a Redistribution Agreement in a Deceased Estate

A redistribution agreement is one of the available methods to assist the executor in winding up a deceased estate. It may be used to overcome impractical situations and/or statutory limitations that might occur during the estate administration process. The heirs and legatees and, in some instances, a surviving spouse may then agree to the reshuffling of their inheritance awards. The Chief Registrar of Deeds issued a directive that places a burden on the Master of the High Court in approving the "acceptance" of the agreement as part of the registration application for the transfer of immovable inheritance property. This was in response to a legal opinion from the office of the Chief State Law Advisor, incorporated in a 2010 internal Master's directive on instruction of the Chief Master. It directed that a redistribution agreement is deemed enforceable only after the Master "duly examined and approved" its legality. However, the Master's practice of approving a redistribution agreement is not a rule of law and cannot supersede the provisions of a statute. This article investigates whether the Master, as a "creature of statute", is acting within the parameters of its statutory administrative acts and functions involving a redistribution agreement.

Debunking the Master of the High Court's Assumed Approval Authority Over a Redistribution Agreement in a Deceased Estate

A redistribution agreement is one of the available methods to assist the executor in winding up a deceased estate. It may be used to overcome impractical situations and/or statutory limitations that might occur during the estate administration process. The heirs and legatees and, in some instances, a surviving spouse may then agree to the reshuffling of their inheritance awards. The Chief Registrar of Deeds issued a directive that places a burden on the Master of the High Court in approving the "acceptance" of the agreement as part of the registration application for the transfer of immovable inheritance property. This was in response to a legal opinion from the office of the Chief State Law Advisor, incorporated in a 2010 internal Master's directive on instruction of the Chief Master. It directed that a redistribution agreement is deemed enforceable only after the Master "duly examined and approved" its legality. However, the Master's practice of approving a redistribution agreement is not a rule of law and cannot supersede the provisions of a statute. This article investigates whether the Master, as a "creature of statute", is acting within the parameters of its statutory administrative acts and functions involving a redistribution agreement.

Territorial Jurisdiction Relating to Succession and Administration of Estates under Nigerian Conflict of Laws

Territorial Jurisdiction Relating to Succession and Administration of Estates under Nigerian Conflict of Laws