When Mr Tan passed away without a will, his estate was governed by the rules of the Distribution Act 1958. His eldest daughter, Mei Ling, was appointed as the administrator but things quickly turned sour when her siblings opposed her decision to sell their late father’s house in Petaling Jaya, citing emotional ties to the property.
Who has the final say: the administrator or the beneficiaries?
Let’s break it down.
What is an Administrator?
When someone dies without a Will or if there is a valid Will but no proving Executor, the court will appoint an Administrator to manage the deceased’s estate.
The Administrator’s duties include:
- Applying for Letters of Administration
- Identifying the deceased’s assets
- Paying off outstanding debts and liabilities
- Distributing the estate according to Distribution Act 1958
What is a Beneficiary’s Role?
In cases of intestacy (no will), beneficiaries are determined by the Act. They typically include:
- Spouse
- Children
- Parents
While they are entitled to receive their shares, beneficiaries do not have the power to manage or dispose of the estate.
Can an Administrator sell the house without Beneficiaries’ consent?
No. Under Section 60(1) of the Probate and Administration Act 1959, an Administrator must obtain the order for sale before selling any immovable property. Even though the law doesn’t explicitly state that all beneficiaries must consent, in practice, the court usually requires all beneficiaries to sign a Consent Form agreeing to the sale.
Without consent from all beneficiaries, the Order for Sale application may be delayed or denied.
What if the Administrator tries to sell it anyway?
The Land Office will reject any transfer or sale without a valid Court Order for Sale. Beneficiaries can then apply to court to remove the Administrator if misconduct or breach of duty is proven.
Can the Administrator get court approval to sell without every Beneficiaries’ consent?
In certain situations, the administrator may apply to the High Court for an Order for Sale without full consent if:
- The property needs to be sold to pay off debts or taxes
- Some beneficiaries cannot be located
- Keeping the property is impractical to the estate
However, the court will assess the necessity and fairness of the proposed sale. It’s not automatic and can take time.
When there is no Will, conflict is common.
In many real-life cases, an appointed Administrator may propose to sell a property for simplicity or efficiency. However, this often clashes with other family members’ emotional attachments or financial expectations.
Without a Will, family members are often left to figure things out on their own and disagreements are almost inevitable. While the law provides a structure, it doesn’t replace clear instructions from the person who has passed away.
Much of this conflict could have been avoided. If Mr Tan had written a will, he could have…
- Appointed someone he trusted to act as Executor
- Clearly stated whether the property should be sold or kept
- Made his intentions known, reducing the risk of conflict among his children
To avoid disputes, delays, and emotional strain on your loved ones, the best thing you can do is to put your wishes in writing now. A properly drafted will not only ensures your assets are distributed as you intended, it also helps keep your family united during a difficult time.
You may make an appointment with our legal advisor here: https://calendly.com/finex-and-co-legacy-advisory/tea-talk-with-legal-expert
