Proposing A Legal Framework on Mediation in Resolving Administration of Estates Disputes in Malaysia

Abstract

In Malaysia, estate administration cases are not only subject to the Courts' jurisdiction but also involve other administrative bodies. Due to the existence of several administrative bodies, it is found that these administrative bodies apply different approaches and laws, contributing to the complexity of estate administration. Moreover, estate administration is not as straightforward as it appears in practice. Social or family disputes may arise when the heirs disagree with the appointed trustee, believing them to be unjust or in breach of trust. Not only that, but family disputes can also emerge when the beneficiaries disagree with the will. Not to deny it, some of the beneficiaries also do not want to proceed with estate administration because they believe it is not worth the effort if the value of the land and assets is insufficient to cover the quit rent or the deceased's debt. In addition to family disputes, there are many other disputes that occur in estate administration that cause the occurrence of many frozen, unclaimed and unmanaged properties. When these frozen assets occur, it indirectly causes losses to the country because it must bear and maintain this abandoned land. The question arises as to who will be accountable for these problems or what can be done to resolve the issue. Therefore, this research is conducted to resolve the disputes in estate administration by proposing a legal framework for mediation in Malaysia. In terms of the research methodology, the researcher uses non- doctrinal approach to study the effectiveness of mediation, in which data from primary and secondary sources is collected and analysed using qualitative and quantitative methods, which is reflected through a variety of methods namely library-based research, semi-structured interviews and surveys via questionnaire.