When a loved one passes away, family members often step in to “help” safeguard the house, hold on to important documents, or temporarily manage the money. These actions are usually done with good intentions.
However, a recent decision of the High Court in Kuala Lumpur shows that when a person, without proper authority, assumes control over estate assets and acts like an executor, he may be treated by law as an executor de son tort and be held personally liable.
A real case: How a relative ended up in court?
In the case of Brian Lim Yen Wei & Ors v Ng Geock Sin & Anor [2025] CLJU 2614, a man died without leaving a will. His three children and his elderly mother were his lawful beneficiaries. The deceased’s brother (the 2nd defendant) later became involved in managing the estate.
Although he was not appointed as an executor or administrator, the deceased’s brother nevertheless took it upon himself to “assist” in managing the estate. In doing so, he:
- Took control of the deceased’s condominium and asked one of the children to leave the premises;
- Removed cash, valuables and important documents;
- Transferred substantial sums of money from a joint bank account into his own personal account;
- Accessed the deceased’s computer and deleted records relating to assets; and
- Interfered with the proper process of estate administration.
Although most of the assets were later returned, a significant amount of money remained unaccounted for. The matter was brought before the court.
What is an “executor de son tort”?
The High Court held that the relative had become what the law calls an executor de son tort.
This does not mean that every person who helps is acting illegally. Rather, it refers to a person who, without legal appointment, assumes the authority of an executor and deals with estate assets as if he were one, especially by taking possession, transferring or controlling them.
The court emphasised that:
- Even limited interference with estate assets can be sufficient;
- Returning the assets later does not erase the original wrongdoing; and
- Good intentions do not change the legal position.
Once a person acts as if he has the authority of an executor, the law may hold him accountable as one.
Why this is relevant to ordinary families?
This case did not involve complex commercial transactions. It arose from a family situation, where someone thought it was appropriate to take charge before any formal appointment was made.
The lesson is clear: after a death, no one should deal with the deceased’s assets unless and until he or she is legally authorised to do so. Actions such as moving money “for safekeeping”, keeping the keys to a property, accessing digital devices, or holding on to documents can carry serious legal risks.
How to prevent this in your own family?
1.Make a proper will
Clearly appoint an executor in your will. This ensures that, from the moment of death, there is no uncertainty as to who has the legal authority to administer the estate.
2.Appoint a Suitable Executor
You may choose a professional executor, such as a trust company or public trustee, for neutral and experienced administration.
Alternatively, you may appoint a responsible and organised family member who is willing to understand the legal duties involved and to seek professional advice when necessary.
3.Plan for digital assets carefully
Your will should state that you own digital assets, such as email accounts, online banking and investment platforms.
However, passwords and access details should not be written in the will, as a will becomes a public document during probate.
Instead, record such details on a separate confidential document, which may be kept together with the will in a secure place and only made available to the appointed executor after death.
4.Educate your family and involve professionals
Let your family know who the appointed executor is and that only this person has the authority to handle the estate.
Encourage them to consult an estate planner, lawyer or trustee company for guidance, rather than attempting to manage matters informally.
Most estate disputes do not begin with bad intentions. They begin with uncertainty and a lack of proper planning.
A properly drafted will, a clearly appointed executor, and guidance from professionals can help ensure that your assets are managed lawfully, your family is protected, and unnecessary conflict and legal exposure are avoided.
To learn more about our estate planning services, visit our homepage.
